The DOJ And FBI are constitutionally under the executive branch so the powers are not separate. Trump chose. He wasn't forxedto retain or nominate any of the insiders he chose.
And he could fire any at will.
Stop making excuses.
A judge has to accept any charges brought against someone. It's the preliminary hearing. It's where the judge decides if the evidence is enough for a charge to be warranted. The issue is she was a sitting Senator, so the process is different. Similar to a charge against POTUS. There were numerous "attempts" in which she was allowed to just not show up, lie, forget, or what-not.
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