Eric Swalwell Bungles Constitution In Attempt To Attack AG Barr

REUTERS/Yuri Gripas

Virginia Kruta Associate Editor
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Democratic California Rep. Eric Swalwell bungled the U.S. Constitution for the second time in a week Thursday when he claimed that the U.S. attorney general does not work for the president.

“REMINDER: The Attorney General works for US. Not the President,” Swalwell tweeted. “I could see how that would get lost in confusion, given his actions.”

Swalwell’s tweet was aimed at Attorney General William Barr, who testified before the Senate Judiciary Committee on Wednesday before declining to appear before its sister committee in the House on Thursday. Swalwell has called for Barr to resign and has argued on a number of occasions that he should be impeached.

But according to Article II, Section 2 of the U.S. Constitution, the attorney general reports directly to the president. And the president, save in cases where impeachment is warranted, holds the sole power to nominate or fire any attorney general.

The second paragraph of Section 2 reads:

He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.

The attorney general is charged with representing the United States in all legal matters and overseeing the entire Department of Justice, but is also tasked with advising the president. HowStuffWorks describes the attorney general as the president’s “chief legal counsel,” charged also with advising the heads of other executive departments.

“As head of the Department of Justice and chief legal counsel to the president … the attorney general prosecutes cases that involve the government and gives advice to the president and heads of the executive departments when needed.”

Swalwell appeared to struggle with the Constitution earlier in the week as well, touting the Equal Rights Amendment by lamenting the fact that the word “woman” is never mentioned in the U.S. Constitution and is therefore not “inclusive.” (RELATED: Rep. Eric Swalwell Makes Embarrassing Constitutional Gaffe)

What Swalwell failed to realize was that the word “man” is never mentioned either — only “person,” which is gender-neutral.

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