Aren't There Supposed to be Three Branches of Government?

Is there something about this lede that bothers you?

Money seized from two men who sold bogus body "enhancement" pills is now going to be used to build a much-needed Department of Public Safety crime lab.

Golly, when I was growing up, every Saturday morning I learned about conjunctions and how a bill becomes law.  My recollection is fuzzy, but I don't think the three branches of Government were the Governor, the Attorney General and DPS. 

The Public Safety Crime lab has been part of a political football game between Governor Napolitano and the Legislature for some time now.  The Legislature included authorization for the crime lab in a bill that also included immigration related items and the Governor vetoed it. 

The Governor then requested funding for the crime lab in her budget and the Legislature ignored it.  Now the Governor is standing in front of the crime lab and announcing that she and the the Attorney General are using money they seized from two guys who sold "enhancement" pills to build the crime lab.  Didn't any of the reporters at least bother to ask how she's planning to do that?

Don't get me wrong, there are indeed some funds that are not subject to appropriation.  The Tribune's Mark Flatten wrote a great series of stories in the early 1990s about abuses in gathering and spending RICO funds.  Those funds could be seized by law enforcement and spent without going through the appropriations process.  But selling "enhancement pills" doesn't sound like RICO funds.  It sounds like the Consumer Fraud fund--and the Consumer Fraud Fund is subject to Legislative Appropriation.

Here's a troubling quote from the Attorney General.  The proceeds of a case usually pay for the investigation first, but in this case the investigation was completed quickly and at low cost, Goddard said.  OK, let's say that's true.  The proceeds usually pay for the investigation first, but does that mean that if the investigation is cheap the AG and the Governor get to spend the money on whatever they want?  Not if the fund is subject to Appropriation.

Why don't we have answers to these questions?  Because the folks in the press corps didn't think to ask them.  Maybe they should have spent more time watching Schoolhouse Rock. 

Comments

[Nick]

Diktat from the Supreme Leader!
They know what is good!

[Aaron]

Let's remind President Bush that there are three branches as well! Seems to me he could learn a thing or two if he resisted making such a far reaching executive branch. I am not saying that to snipe, I really feel the Cheney contingency has gone overboard on that.