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Incoming State Attorneys General Set to Abuse Power

As 2018 draws to its inevitable end, a new crop of state attorneys general will take office.  Many represent a wholly alien view of what the American legal system is all about.

During the Obama Administration, federal agencies such as the Department of Justice (Remember Loretta Lynch’s comment that she was seriously considering “criminally prosecuting” anyone who disagreed with the then-president’s views on climate change?) and the Internal Revenue Service were used to attack political opponents of the White House (IRS official Lois Lerner was found to have used the tax agency to assault the Tea Party, for example)

With the regime change following the 2016 elections, the center of gravity for using public office to benefit party or ideological interests shifted to some state attorneys general.  Martin Morse Wooster, writing for the Capital Research Center  notes that “Aiming to reshape society, state attorneys general wield ever-expanding powers over private corporations, foundations and nonprofits. Their activities–too often motivated by ideology and politics–frequently undermine the very institutions they are supposed to protect. The author was discussing partisan assaults on private organizations, but the concept now applies to the highly partisan and overt attempt to de facto overturn the impact of the 2016 election.”

Governing magazine notes that “State attorneys general may be the freest actors in the American political system. Their broad discretion gives them enormous power… it’s clear that attorneys general today have close and sometimes questionably comfy relations with entities looking to profit from their work.”

Alan Greenblatt writing in Governing magazine noted that  “Paul Nolette, a political scientist at Marquette University believes left-wing AGs ‘will be prepared to use a kitchen sink strategy …’ A single activist attorney general …can command a small army of lawyers.…”

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Democrats won the majority of state attorneys general races in the 2018 campaign, taking 27 of the key positions.  Josh Siegel, writing in The Washington Examiner quotes Zack Roday, spokesman for the Republican Attorney Generals Association:  “Democratic AGs are tripping over themselves in endless litigation and renting out their badges to liberal billionaires…The State Energy & Environment Impact Center, a coalition launched in August 2017 to assist state attorneys general contesting Trump’s deregulatory agenda, says attorneys general have filed 38 lawsuits against the administration on energy and environmental issues as of Oct. 5. Most of these have been over the Trump administration’s early efforts to delay or suspend rules that had been completed at the end of the Obama administration.”

NBC reports that New York Attorney Gen.-elect Letitia James plans to use her office to engage in “extensive probes of President Donald Trump and his family members… ‘We will use every area of the law to investigate President Trump and his business transactions and that of his family as well,’ James, a Democrat, told NBC News…” James’ determination is so fierce that she has threatened to overturn constitutional safeguards in her Jihad against the White House. “James campaigned on passing a bill to change New York’s double jeopardy laws with an eye on possible pardons coming out of the White House. James told NBC News she wants to be able to pursue state charges against anyone the president were to pardon over federal charges or convictions and whose alleged crimes took place in the state. Under current New York law, she might not be able to do that.”

The issue of utilizing the legal system to achieve partisan political goals has been taken far too lightly.  No one in the Obama Administration has been punished for their actions.  None of the Ninth Circuit Court of Appeals judges who have repeatedly issued decisions (frequently overturned by the U.S. Supreme Court) clearly passed on their political leanings and utterly unsupported by legal precedent, the U.S. Constitution, or statutory law has faced disciplinary action. This has led the incoming class of state attorneys general to believe that they can abuse their office without fear of punishment.

Illustration: New York State incoming Attorney General Leticia James (official photo)