An elected attorney general

Progressive Review editor Sam Smith and Pentagon whistleblower Ernie Fitzgerald proposed a constitutional amendment to provide for an independent attorney general selected in an off-year election. The idea is to replace independent prosecutors with a permanent watchdog on the federal government — someone who is not politically beholden to the president and cannot be removed by the president.

Ernie’s proposal:

1. The Attorney General of the United States shall be elected to office in the same manner as the President and Vice President, and shall be subject to impeachment and removal in the same manner.

2. The first election of the Attorney General shall take place in the first odd-numbered year after ratification of this Amendment.

3. The Attorney General shall be elected for a term of six years and may not succeed himself in office.

4. The Attorney General shall be paid the same annual salary as the Vice President at the time of the Attorney General’s election.

5. On the completion of each full six-year term the Attorney General shall receive a annual stipend for life of 20% of his or her annual pay while in office.

6. Upon entering office, the Attomey General shall take an oath to uphold the statutory laws and the Constitution of the United States as originally written and amended and to apply them equally to all parties without regard to special status or privilege.

7. Neither the Attorney General nor his subordinates nor any other government prosecutor shall intrude upon inquiries or deliberations of a grand jury without an invitation or subpoena from the grand jury.

8. All statements or declarations by government prosecutors regarding a case at law shall be considered under oath and subject to penalties for perjury and false statements generally, and all prosecutors shall be subject to cross-examination by defendants and jurors.

9. The guarantees of human rights for all natural persons and the limitations of government powers delegated by the people through the Constitution shall apply to the facts of each case within the jurisdiction of the United States or any of them without the prejudice of prior interpretations.

10. These same guarantees and limitations on government powers shall be honored by all triers of fact and law in all legal issues arising within the jurisdiction of the United States or any of them.


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