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Mr. LEE. Madam President, for reasons articulated by Justice Scalia in his classic opinion in Morrison v. Olson, the prosecutorial authority of the United States belongs in the Department of Justice.
The Department of Justice answers to the President of the United States. Its principal officers consist of people appointed by the President, serving at the pleasure of the President, after being confirmed by the U.S. Senate.
This is a fundamental component of our liberty. The separation of powers protect us. That doesn't mean we are always going to agree with what every President in every administration does. But as Justice Scalia explains, we cannot convert an office like this one--an office like the previously existing Office of Independent Counsel--without creating a de facto fourth branch of government, fundamentally undermining the principle of separation of powers that is so core to our liberty.
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Mr. LEE. I am very late for another meeting, but, yes, I will, because I like my friend from Delaware.
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Mr. LEE. No, it was not. At the time it was written, it was somewhat novel; it was somewhat new. Since then, it has become a widely adopted view--a view adopted by people across the political spectrum, regardless of their political ideology.
I challenge every one of you to read it. It is right.
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Mr. LEE. I am very late.
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