President Barack Obama's claim that the Treasury Department is dictating his tweaks to the Affordable Care Act because the health law is a tax is a wrongheaded argument, according to former federal prosecutor Andrew McCarthy.
"The president runs the Treasury Department, the president runs the executive branch. Obama has been pulling this routine from the beginning," McCarthy, a National Review columnist, told "The Steve Malzberg Show" on Newsmax TV.
"Basically he's objectifying his administration so that he is kind of a passenger or a spectator to what it does, as if he were not the person pulling the strings and in charge of it.
"But the president runs the Treasury Department and the Treasury has no authority to change statutes that are drafted by Congress."
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McCarthy, a former assistant U.S. Attorney for the Southern District of New York, says that, in fact, a provision of the internal revenue code allows the Treasury Department to pass rules and regulations that help enforce statutes of Congress.
"But there's none that allows them to change them or undermine statutes of Congress, which is what this one does," he said.
McCarthy said, however, that calls for the president's impeachment, which some have demanded, are not reasonable for now.
"It doesn't make any sense to start down the impeachment road unless there is a will in the American public to remove their president," he said.
"We don't remove our president over mundane things, even one or two pretty serious things. We're talking about, when we're talking about removing a president, is someone who's become so beyond the pale that it's not worthy to have him in that position anymore."
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