> It should not be adjudicating any kind of legal controversy. That is not the role of the executive branch.
Which they aren't doing. They're deciding whether to take Apple to court. If you don't think the executive branch should do that, do you believe the AG's office & the FBI should operate under the judicial branch?
> It's very often worse. Executive agencies often have legislative functions, i.e. APA rulemaking, as well judicial functions, e.g. in this matter. The SEC is another one, (see SEC vs Jarkesy currently before SCOTUS).
Not all rules are laws. Not all judgements are legal judgments. The executive branch is absolutely responsible for making principled decisions, which means rules & judgement. The irony of citing a case where the SEC is before SCOTUS as an example of there not being a separation of powers is... amusing.
Which they aren't doing. They're deciding whether to take Apple to court. If you don't think the executive branch should do that, do you believe the AG's office & the FBI should operate under the judicial branch?
> It's very often worse. Executive agencies often have legislative functions, i.e. APA rulemaking, as well judicial functions, e.g. in this matter. The SEC is another one, (see SEC vs Jarkesy currently before SCOTUS).
Not all rules are laws. Not all judgements are legal judgments. The executive branch is absolutely responsible for making principled decisions, which means rules & judgement. The irony of citing a case where the SEC is before SCOTUS as an example of there not being a separation of powers is... amusing.