David Cay Johnston: “It would even more clearly be consensual under those because they make sure, and they say, ``in sole discretion of the…”

“It would even more clearly be consensual under those because they make sure, and they say, ``in sole discretion of the agency head,'' and then they go back, under section 625, and ensure that there is no appeal from the exercise of sole discretion. I do not know how you could otherwise have an appeal from the exercise of sole discretion, but they make sure that there is no appeal. It is nonenforceable. It is sort of the honor system, or I should say the buddy system, the bureaucratic buddy system.”