A Return To Law?
As I had commented before, the Obama administration in the person of US Attorney General, Eric Holder had willfully chosen to violate the “rule of law” by refusing to faithfully execute and enforce the laws of America.
Attorney General Eric Holder said at a press conference Wednesday, February 25, 2009, that he would no longer allow the Justice Department to raid medical marijuana clubs that are established legally under state law. His declaration is a fulfillment of a campaign promise by President Barack Obama.
No, what the President said during the campaign, you’ll be surprised to know, will be consistent with what we’ll be doing in law enforcement. He was my boss during the campaign. He is formally and technically and by law my boss now. What he said during the campaign is now American policy.
— Attorney General Eric Holder
DOJ News Conference
Well thankfully – and more than a little surprisingly – this violation of the Separation of Powers and flagrant disrespect for both the law and the Executive’s duty to faithfully enforce and defend it didn’t last very long.
On Friday, March 6, 2009 the ban on investigating and prosecuting medical marijuana clubs was – according to the LA Times – lifted. Federal agents may now resume filing new cases, issuing subpoenas or applying for search warrants in pending cases.
Both the ban enforcing federal drug laws and the lifting that ban were handled through interoffice memos, so we’re left in the dark about the exact details of either. The official word on both topics from the Attorney General’s office is “no comment.” In fact, members of that office were instructed not to discuss the content of the orders / memos with anyone outside the U.S. attorney’s office.
I predict that the the departure from the Rule of Law will be passed off as being failures on the part of people in the Attorney General’s office due to their misinterpretation of Holders public comments. Expect some “retirements” and reassignments among the US Attorneys Office as various people are “thrown under the bus.”
In any case, America has pulled back from a dangerous path and has – to some extent – returned to the law. That’s a very good thing, no matter the cost or reasons for it.