How does appointing a special prosecutor violate separation of powers?
Former U.S. Attorney General Responds To Trump's Special Prosecutor Comment
Read this excerpt, it is the legal opinion of an attorney general under the Bush administration. I'll copy past some relevant bits.
-the decision has to be made initially by the attorney general as to whether the case warrants reopening at all.
-hardly makes sense for the Justice Department then to redo its own investigation.
-But then you have to determine whether the bringing of charges is proper. And then you start to get into questions of policy and whether doing that would make us look like a banana republic, which I think it would.
-The short answer is that the attorney general is independent in deciding what cases to prosecute and what legal positions to take even if the president says, I think you ought to take a different position.
Note that he isn't a Clinton fan, and even goes as far as to say that the case could have been prosecuted. But appointing a special prosecutor with the express job of jailing your opponent is a clear breach of separation of powers.
It's not a violation of separation of powers because it is the executive branch that prosecutes crimes. Also the function of a special prosecutor is to review the available evidence to see if there is probable cause to believe a crime has been committed. Assuming he feels there is adequate evidence, he then presents that evidence to a grand jury. If the grand jury indicts, then and only then does it go to trial, by either a judge or jury, which is the defendants option. The most any president can do is tell them I think something is fishy and have some one look into it. Much like your dear leader did when he sent the DOJ in to Ferguson and the Zimmerman cases. That's called due process, see the 4th and 14th amendments.
I always assumed that it is the judicial branch that prosecutes crimes. Anyways during the debate he clearly said Hillary would be in jail and he would name a special prosecutor to that end. Where is the due process in that. It is not for the president to establish guilt. Which of course is kind of the point. This is why it is a breach of the separation of powers. Trump by his statements has made clear what he wants the justice department to do. And what's more it is clearly politically inspired.
The judicial is there to insure fair prosecutions and protect the rights of the citizen.
What did you not understand about the roll of a special prosecutor?
Also, if you bothered to listen to the evidence Comey laid out in his press statement you would know the hildabitch is guilty as sin. He laid out a prima facie case for gross negligence, with is the only element required for prosecution under the law. Of course you're also ignoring her perjury in congressional testimony.
18 U.S. Code § 793 - Gathering, transmitting or losing defense information
(f)
Whoever, being entrusted with or having lawful possession or control of any document, writing, code book, signal book, sketch, photograph, photographic negative, blueprint, plan, map, model, instrument, appliance, note, or information, relating to the national defense,
(1) through gross negligence permits the same to be removed from its proper place of custody or delivered to anyone in violation of his trust, or to be lost, stolen, abstracted, or destroyed