Marco Rubio’s Attorney General Christmas Wish List For Obama

Senator Marco Rubio/ The Shark TankShark Tank – by Javier Manjarres

Americans are rejoicing over Attorney General Eric Holder’s recent resignation as the nation’s top crime fighter, but with two years left in his presidency, will the President Obama nominate a less divisive AG to fill Holder’s big obstructionist shoes?

Probably not, but that hasn’t stopped politicos and possible 2016 presidential contenders like Florida’s Senator Marco Rubio from dreaming about Obama possibly appointing a fair and just AG.  

Rubio recently penned his opinion in the Washington Times about what Obama should look for in nominating a Attorney General, but not before first taking a couple of whacks at the President and his administration.

It is no secret that the Obama administration has demonstrated questionable commitment to the rule of law. It has undermined the separation of powers by disregarding congressional enactments while pushing executive power far beyond its constitutional boundaries. It has further undermined limited government by disregarding federalism and pushing Washington-knows-best legislation that far exceeds anything the Founding Fathers could have conceived.

In recent years, a politicized Justice Department has refused to defend bipartisan legislation in court and resisted congressional oversight. Its practice of entering into extremely generous “settlements” with environmental and other liberal groups raises questions about whether the administration is welcoming lawsuits as a tool to bypass Congress and enter new regulations by judicial decree.

America deserves a nominee to lead the Justice Department who is fully committed to vigorous application of our nation’s Constitution and laws without political bias or personal agenda. I expect the president will nominate a member of his political party to the position of attorney general. That is his prerogative. But Congress also must insist that the president nominate a professional lawyer who recognizes the special mission of the Justice Department and who can win the broad confidence of the American people.

Now that that is out of the way…

Rubio points out that following:

-A new attorney general can help restore the rule of law and the confidence of the American people by working with Congress to catalog existing federal criminal law with a special eye for laws that are vague, duplicative, underused or better enforced by state and local authorities.

-He or she could also partner with Congress to help restore intent requirements to criminal law, so that a complicated criminal system does not become a trap for the unwary. He or she can also insist, as we all should, that laws creating criminal liability are debated in Congress, passed and signed by the president, rather than issued by unaccountable bureaucrats as regulations.

-The new attorney general should also take a hard look at the federal asset-forfeiture fund. Civil-forfeiture authority, as opposed to criminal forfeiture, allows government to seize property without convicting its owner of anything. It is a powerful tool that invites abuse, especially because the seizing agencies can keep the proceeds for themselves. This creates a perverse incentive. It also, in essence, creates a “slush fund” that an agency can use to fund its activities free of congressional appropriation.

-The president’s nominee for attorney general must also commit that he or she will not abuse settlement agreements in civil lawsuits to impose burdensome new regulations on Americans without the consent of Congress. Transparency with Congress and responsiveness to ongoing oversight will help ensure these lawsuits are not misused. Congressional legislation should mandate further transparency and opportunities for the public to intervene.

I will refrain from laughing out loud (LOL) at Rubio’s valid and on-point expectations Americans should have in the next U.S. Attorney General.

For Christ’s sake, Obama will be the nominating the next Sheriff in town, and do honestly think that he is not going to put in place a clone of Holder, who will run cover for him, and “have his back” whenever the president decides to trample over the Constitution and American civil liberties?

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