"House Republicans held their third hearing related to the Department
of Homeland Security’s prosecutorial discretion policies, including a
smart new initiative announced by Secretary Napolitano on August 18.
Seeing as how the first two didn’t go so well for the Republicans, one
would expect crackerjack witness testimony from the majority for
yesterday’s hearing. But the third time was no charm: The witnesses’
weak arguments reinforced that this series of hearings is little more
than crass partisan gamesmanship by House Republicans. Claims
that President Barack Obama has performed an end-run around Congress are
by now common fare from the right-wing crowd. The complaint du jour is
that the Department of Homeland Security’s plan to focus agency
resources on removing burglars rather than busboys ignores the
president’s obligation to faithfully enforce the laws that Congress
passes.One of the majority witnesses, David Rivkin Jr., argued
that this prosecutorial discretion initiative violates the
Constitution’s separation of powers. One would have hoped for care and
precision in his legal analysis given that Rivkin was a former Justice
Department lawyer. Sadly, his error-plagued testimony delivered neither."
Marshall Fitz, Oct. 13, 2011.