Ashcroft (McConnell??) Nomination

Ward Farnsworth wf at BU.EDU
Sat Jan 13 23:46:12 PST 2001


At 09:18 PM 1/12/01 EST, Marty Lederman wrote:

>I know that the notion of an SG "independent from" the AG is commonly
>asserted.  But what's the evidence for it?  Are there any known (recent?)
>cases, post-Oregon v. Mitchell, in which it's known that the SG urged a
>position contrary to the position of the AG (or the President)?  I've been at
>DOJ for six years and I'm not aware of any such case in that time (not that I
>would necessarily hear about it if it did happen!)

Chapter 6 of Charles Fried's book, Order & Law, recounts several cases in
which he took a position contrary to the desires of the White House and/or
the Attorney General, and he mentions several others from earlier SGs.
______________________________

Ward Farnsworth
Boston University School of Law
765 Commonwealth Ave.
Boston, MA  02215



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