Marener
Diamond Member
- Jul 26, 2022
- 61,071
- 25,595
- 2,173
The DoJ cannot make any rule it wants to. Any rule they make has to have statutory authority.No, once again, congress passed a law to allow agencies within the federal government to make their own rules and regulations, this law led to the CFR, which has provisions in it that allow the AG to appoint inferior officers.
The CFR is legally binding because IT is congressionally approved by the Administrative Procedure Act.
The cotus says that congress can vest, by law, department heads the authority to appoint inferior officers. Congress created the APA laq which gave departments the authority to create their own rules. These rules are outlined in the CFR. This CFR, which was created by the law passed by congress, allows the AG to appoint inferior officers.
So, rather than congress making a law that says "you are allowed to create inferior officers", they made a law that says "you can create your own rules and regulations", it is within these rules and regulations that gave the AG the congressional authority to appoint inferior officers.
If this is not accurate, then jack smith and a whole host of other rules and regulations need to go away.
Congress did not give the DoJ the authority to invent offices to fill with special prosecutors.