You're an idiot , the president can fire the attorney general at any time.
Obama administration spokesmen are portraying the president as unable to overrule Attorney General Eric Holder’s decision to have a special prosecutor determine whether to prosecute CIA interrogators who were cleared by Department of Justice career attorneys back in 2004. “This was not something the White House allowed, this was something the AG decided,” a White House spokesman said.
Utter nonsense.
The attorney general serves at the pleasure of the president, and the president can determine that a prosecution would undermine the national security—a subject on which he has a wider perspective and a greater responsibility than the attorney general—and order that it not go forward.
Probably not many in people in Washington remember that Harry Truman once fired an attorney general for, in his view, suborning corruption. In early 1952 the Truman administration was plagued by scandal, including that of the erstwhile head of the Justice DepartmentÂ’s Tax Division, T. Lamar Caudle. On February 1, 1952, at TrumanÂ’s instigation. Attorney General J. Howard McGrath, a former governor of and senator from Rhode Island, appointed Newbold Morris as a special assistant attorney general in the Justice Department to investigate corruption. Morris, a Republican, had been elected city council president of New York City on Mayor Fiorello LaGuardiaÂ’s Fusion ticket in 1937 and 1941 and in 1945 and 1949 was the Republican nominee for mayor, losing both times to William OÂ’Dwyer, who resigned in 1950, having been appointed ambassador to Mexico, where he was inaccessible to legal process servers.
Morris, a scion of the family of revolutionary patriot Gouverneur Morris, a cousin of Edith WhartonÂ’s and the son-in-law of Judge Learned Hand, sent out a questionnaire, which he ran by President Truman, to Justice Department employees. On April 3 he was fired by McGrath. Truman promptly fired McGrath. Richard Rovere memorably wrote up the episode in the New Yorker.
McGrath, fired at age 48, never held public office again; he lost the 1960 Democratic senatorial primary to Claiborne Pell. Morris, fired at age 50, was appointed parks commissioner by New York Mayor Robert F. Wagner, replacing the long-serving Robert Moses, and served from 1960 until 1966.
If Barack Obama really meant it when he said that he didnÂ’t want to see prosecutions of CIA interrogators for acts committed long ago, for which they were cleared long ago, he has a ready alternative: he can give Eric Holder the same treatment Harry Truman gave J. Howard McGrath.
The president can fire the attorney general | Washington Examiner