# Does The POTUS Have Any Law Enforcement Authority? **URL:** \ **Category:** Factual Questions\ **Created:** [November 15, 2016, 5:30pm UTC](https://boards.straightdope.com/t/does-the-potus-have-any-law-enforcement-authority/772077 "2016-11-15T17:30:26Z")\ **Posts on this page:** 20\ **Page:** 1
**Author:** ![HeyHomie](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/heyhomie/32/207_2.png) [@HeyHomie](https://boards.straightdope.com/u/HeyHomie)\ **Post date:** [November 15, 2016, 5:30pm UTC](https://boards.straightdope.com/t/does-the-potus-have-any-law-enforcement-authority/772077/1 "2016-11-15T17:30:26Z")
Can the POTUS order a special prosecutor to investigate and/or prosecute… well, anyone he wants? Say, for example, his opponent for the election, whom he has accused of various and sundry crimes. Or a journalist who has dug up dirt on him. Could he use his authority to prosecute and/or jail his enemies (or at least tie them up in legal proceedings for years)? ---
**Author:** ![Saint\_Cad](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/saint_cad/32/18907_2.png) [@Saint\_Cad](https://boards.straightdope.com/u/Saint_Cad)\ **Post date:** [November 15, 2016, 5:38pm UTC](https://boards.straightdope.com/t/does-the-potus-have-any-law-enforcement-authority/772077/2 "2016-11-15T17:38:25Z")
I assume so under the Take Care Clause. Another question I’ve asked on this board is because of the Take Care Clause does the President have the power of arrest? ---
**Author:** ![Loach](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/loach/32/350_2.png) [@Loach](https://boards.straightdope.com/u/Loach)\ **Post date:** [November 15, 2016, 5:55pm UTC](https://boards.straightdope.com/t/does-the-potus-have-any-law-enforcement-authority/772077/3 "2016-11-15T17:55:39Z")
Not directly but the Attorney General works for him. ---
**Author:** ![Saint\_Cad](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/saint_cad/32/18907_2.png) [@Saint\_Cad](https://boards.straightdope.com/u/Saint_Cad)\ **Post date:** [November 15, 2016, 10:07pm UTC](https://boards.straightdope.com/t/does-the-potus-have-any-law-enforcement-authority/772077/4 "2016-11-15T22:07:11Z")
But is there anything to prevent the President from doing it directly? So if let’s say a cabinet member needs arrestin’ and the President wants to do it themselves for whatever reason, can they do it then turn them over to the appropriate LEO? ---
**Author:** ![Loach](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/loach/32/350_2.png) [@Loach](https://boards.straightdope.com/u/Loach)\ **Post date:** [November 15, 2016, 10:21pm UTC](https://boards.straightdope.com/t/does-the-potus-have-any-law-enforcement-authority/772077/5 "2016-11-15T22:21:07Z")
> [@Saint\_Cad](#): > > But is there anything to prevent the President from doing it directly? So if let’s say a cabinet member needs arrestin’ and the President wants to do it themselves for whatever reason, can they do it then turn them over to the appropriate LEO? There is nothing preventing the president from making a citizen’s arrest but he has no authority beyond that. As for a special prosecutor, Nixon appointed the first one. Since then the rules have changed and the Attorney General appoints them under CFR Chapter 6. All the lawyerspeak is a little confusing but I don’t see where the president has the authority to direct appoint a special prosecutor. ---
**Author:** ![Chronos](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/chronos/32/134_2.png) [@Chronos](https://boards.straightdope.com/u/Chronos)\ **Post date:** [November 16, 2016, 12:31am UTC](https://boards.straightdope.com/t/does-the-potus-have-any-law-enforcement-authority/772077/6 "2016-11-16T00:31:53Z")
It seems to me that the Attorney General’s power derives entirely from the President, and that the President therefore has the authority to personally do anything the AG usually does. Likewise for any of the federal law enforcement bodies (FBI, Secret Service, etc.). It would be unusual in the extreme, of course, but I can’t see any reason it would be illegal. ---
**Author:** ![Loach](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/loach/32/350_2.png) [@Loach](https://boards.straightdope.com/u/Loach)\ **Post date:** [November 16, 2016, 12:39am UTC](https://boards.straightdope.com/t/does-the-potus-have-any-law-enforcement-authority/772077/7 "2016-11-16T00:39:41Z")
> [@Chronos](#): > > It seems to me that the Attorney General’s power derives entirely from the President, and that the President therefore has the authority to personally do anything the AG usually does. Likewise for any of the federal law enforcement bodies (FBI, Secret Service, etc.). It would be unusual in the extreme, of course, but I can’t see any reason it would be illegal. When it comes to special prosecutors the president is specifically left out since Nixon appointed his own special prosecutor to investigate himself. ---
**Author:** ![urban1a](https://avatars.discourse-cdn.com/v4/letter/u/e47c2d/32.png) [@urban1a](https://boards.straightdope.com/u/urban1a)\ **Post date:** [November 16, 2016, 2:07am UTC](https://boards.straightdope.com/t/does-the-potus-have-any-law-enforcement-authority/772077/8 "2016-11-16T02:07:31Z")
I assume that the OP describes a fictional or hypothetical situation. I can’t imagine this happening IRL. Bob ---
**Author:** ![Evan\_Drake](https://avatars.discourse-cdn.com/v4/letter/e/b487fb/32.png) [@Evan\_Drake](https://boards.straightdope.com/u/Evan_Drake)\ **Post date:** [November 16, 2016, 7:15am UTC](https://boards.straightdope.com/t/does-the-potus-have-any-law-enforcement-authority/772077/9 "2016-11-16T07:15:20Z")
> [@Saint\_Cad](#): > > But is there anything to prevent the President from doing it directly? So if let’s say a cabinet member needs arrestin’ and the President wants to do it themselves for whatever reason, can they do it then turn them over to the appropriate LEO? You need to fine tooth comb the powers enumerated in the Judge Dredd canon. ---
**Author:** ![MEBuckner](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/mebuckner/32/2896_2.png) [@MEBuckner](https://boards.straightdope.com/u/MEBuckner)\ **Post date:** [November 17, 2016, 1:19am UTC](https://boards.straightdope.com/t/does-the-potus-have-any-law-enforcement-authority/772077/10 "2016-11-17T01:19:11Z")
Vaguely apropos, but there’s at least one law still on the books–I’m guessing it’s a pretty old law–with the following language: > [@18 U.S. Code § 2382](#): > > [Misprision of treason](https://www.law.cornell.edu/uscode/text/18/2382) (emphasis added) > > Whoever, owing allegiance to the United States and having knowledge of the commission of any treason against them, conceals and does not, as soon as may be, disclose and make known the same to the President or to some judge of the United States, or to the governor or to some judge or justice of a particular State, is guilty of misprision of treason and shall be fined under this title or imprisoned not more than seven years, or both. It’s definitely sort of an odd picture: “Mr. President! Mr. President! General Benedict is plotting with the Ruritanian Ambassador to attack America!” “_Dammit!_ I’ll call the Attorney General; we’ll deputize some of the Cabinet secretaries as a posse, and we’ll go and apprehend that rapscallion! Thanks, citizen!” ---
**Author:** ![Bricker](https://avatars.discourse-cdn.com/v4/letter/b/977dab/32.png) [@Bricker](https://boards.straightdope.com/u/Bricker)\ **Post date:** [November 17, 2016, 2:00am UTC](https://boards.straightdope.com/t/does-the-potus-have-any-law-enforcement-authority/772077/11 "2016-11-17T02:00:36Z")
> [@Chronos](#): > > It seems to me that the Attorney General’s power derives entirely from the President, and that the President therefore has the authority to personally do anything the AG usually does. Likewise for any of the federal law enforcement bodies (FBI, Secret Service, etc.). It would be unusual in the extreme, of course, but I can’t see any reason it would be illegal. I agree. ---
**Author:** ![Bricker](https://avatars.discourse-cdn.com/v4/letter/b/977dab/32.png) [@Bricker](https://boards.straightdope.com/u/Bricker)\ **Post date:** [November 17, 2016, 2:03am UTC](https://boards.straightdope.com/t/does-the-potus-have-any-law-enforcement-authority/772077/12 "2016-11-17T02:03:26Z")
> [@Loach](#): > > When it comes to special prosecutors the president is specifically left out since Nixon appointed his own special prosecutor to investigate himself. And then fired him, by ordering the Acting Attorney General to act on his behalf to do so. ---
**Author:** ![griffin1977](https://avatars.discourse-cdn.com/v4/letter/g/977dab/32.png) [@griffin1977](https://boards.straightdope.com/u/griffin1977)\ **Post date:** [November 17, 2016, 6:14am UTC](https://boards.straightdope.com/t/does-the-potus-have-any-law-enforcement-authority/772077/13 "2016-11-17T06:14:48Z")
> [@HeyHomie](#): > > Can the POTUS order a special prosecutor to investigate and/or prosecute… well, anyone he wants? Say, for example, his opponent for the election, whom he has accused of various and sundry crimes. Or a journalist who has dug up dirt on him. Could he use his authority to prosecute and/or jail his enemies (or at least tie them up in legal proceedings for years)? Personal prosecution of the enemies by the ruler is one of the things the checks and balances of the US governmental system was explicitly set up to avoid. The [Star Chamber](https://en.wikipedia.org/wiki/Star_Chamber) run the by the British monarchy was one of the primary motivator behind the US constitution. ---
**Author:** ![Really\_Not\_All\_That\_Bright](https://avatars.discourse-cdn.com/v4/letter/r/e8c25b/32.png) [@Really\_Not\_All\_That\_Bright](https://boards.straightdope.com/u/Really_Not_All_That_Bright)\ **Post date:** [November 18, 2016, 4:42pm UTC](https://boards.straightdope.com/t/does-the-potus-have-any-law-enforcement-authority/772077/14 "2016-11-18T16:42:52Z")
> [@Chronos](#): > > It seems to me that the Attorney General’s power derives entirely from the President, and that the President therefore has the authority to personally do anything the AG usually does. Likewise for any of the federal law enforcement bodies (FBI, Secret Service, etc.). It would be unusual in the extreme, of course, but I can’t see any reason it would be illegal. > [@Bricker](#): > > I agree. I don’t, to a degree. Whatever _constitutional_ authority resides in the Attorney General devolves from the POTUS. However, Congress has, in its infinite wisdom, granted the Attorney General additional powers beyond those directly conferred on the executive by the Constitution. It’s the Attorney General who supervises US Attorneys - whose offices were created by the Judiciary Act, as well as the AG’s office itself - not the POTUS. And while the President has the discretion to fire an AG, the AG may nonetheless refuse to obey. Congress could _probably_ also amend the Judiciary Act to insulate the AG from firing without cause under Morrison v. Olson. ---
**Author:** ![TriPolar](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/tripolar/32/3008_2.png) [@TriPolar](https://boards.straightdope.com/u/TriPolar)\ **Post date:** [November 18, 2016, 4:49pm UTC](https://boards.straightdope.com/t/does-the-potus-have-any-law-enforcement-authority/772077/15 "2016-11-18T16:49:41Z")
Didn’t someone insist that the president was the chief law enforcement officer of the country? ---
**Author:** ![Loach](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/loach/32/350_2.png) [@Loach](https://boards.straightdope.com/u/Loach)\ **Post date:** [November 18, 2016, 5:36pm UTC](https://boards.straightdope.com/t/does-the-potus-have-any-law-enforcement-authority/772077/16 "2016-11-18T17:36:18Z")
> [@TriPolar](#): > > Didn’t someone insist that the president was the chief law enforcement officer of the country? Somebody might have but as a law enforcement officer I have always heard that the US Attorney General was the chief law enforcement officer of the country. ---
**Author:** ![Oddball\_92](https://avatars.discourse-cdn.com/v4/letter/o/b3f665/32.png) [@Oddball\_92](https://boards.straightdope.com/u/Oddball_92)\ **Post date:** [November 18, 2016, 5:36pm UTC](https://boards.straightdope.com/t/does-the-potus-have-any-law-enforcement-authority/772077/17 "2016-11-18T17:36:47Z")
I believe the Attorney General’s power comes from the US Constitution, not the president. ---
**Author:** ![Really\_Not\_All\_That\_Bright](https://avatars.discourse-cdn.com/v4/letter/r/e8c25b/32.png) [@Really\_Not\_All\_That\_Bright](https://boards.straightdope.com/u/Really_Not_All_That_Bright)\ **Post date:** [November 18, 2016, 5:44pm UTC](https://boards.straightdope.com/t/does-the-potus-have-any-law-enforcement-authority/772077/18 "2016-11-18T17:44:57Z")
The Constitution doesn’t mention an attorney general. The authority of the office comes from the constitutional authority conferred on the president and from acts of Congress. ---
**Author:** ![Boozahol\_Squid\_P.I](https://avatars.discourse-cdn.com/v4/letter/b/d9b06d/32.png) [@Boozahol\_Squid\_P.I](https://boards.straightdope.com/u/Boozahol_Squid_P.I)\ **Post date:** [November 18, 2016, 6:26pm UTC](https://boards.straightdope.com/t/does-the-potus-have-any-law-enforcement-authority/772077/19 "2016-11-18T18:26:09Z")
> [@MEBuckner](#): > > Vaguely apropos, but there’s at least one law still on the books–I’m guessing it’s a pretty old law–with the following language: > > It’s definitely sort of an odd picture: > > “Mr. President! Mr. President! General Benedict is plotting with the Ruritanian Ambassador to attack America!” > “_Dammit!_ I’ll call the Attorney General; we’ll deputize some of the Cabinet secretaries as a posse, and we’ll go and apprehend that rapscallion! Thanks, citizen!” That doesn’t say that the President gets to put on his own shiny star. it just says that if you hear about a traitor treasoning some treachery, you’ve gotta tell El Prez or your governor or a judge about it. ---
**Author:** ![Leo\_Bloom](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/leo_bloom/32/10377_2.png) [@Leo\_Bloom](https://boards.straightdope.com/u/Leo_Bloom)\ **Post date:** [November 18, 2016, 6:32pm UTC](https://boards.straightdope.com/t/does-the-potus-have-any-law-enforcement-authority/772077/20 "2016-11-18T18:32:10Z")
In the military, in one important sense, everyone is a LEO to those under their command, no? So he could have anyone in the military arrested by that power, but then JAG takes over (thank God). He keeps arresting them, you get Nixon Saturday Night Massacre, and further hilarity. [Next page](https://boards.straightdope.com/t/does-the-potus-have-any-law-enforcement-authority/772077.md?page=2)