Former President Donald Trump has taken a bold stance by openly directing the Justice Department to pursue his political adversaries. This has created a palpable sense of unease within the department, raising concerns about both job security and ethical obligations. Even amidst the constant barrage of social media updates, Trump's recent comments have caught many government attorneys off guard. He expressed a strong desire to see justice served, stating, "We can't delay any longer; it's killing our reputation and credibility." This statement primarily targeted high-profile critics, including former FBI Director Jim Comey, New York Attorney General Letitia James, and California Democratic Senator Adam Schiff.
Trump's directive came shortly after Erik Siebert, the top federal prosecutor in northern Virginia, resigned under pressure. Siebert had been collaborating closely with key leaders at the Department of Justice (DOJ) but ultimately felt he could not pursue the criminal charges Trump sought against James. Following this, Lindsey Halligan, previously a special assistant to the president, was sworn in as the U.S. Attorney for the Eastern District of Virginia, despite lacking prosecutorial experience. Halligan's recent role involved assisting Trump in removing what he deemed improper ideology from Smithsonian museums.
Stacey Young, a former DOJ attorney and current leader of Justice Connection, a group supporting DOJ employees, criticized the situation under Attorney General Pam Bondi. She noted the alarming implications of a memo issued on Day 1, indicating that DOJ lawyers are now viewed as the president's lawyers. Young emphasized the dangerous erosion of the rule of law, stating, "We are now seeing how that's playing out and how it disintegrates the rule of law." This year alone, thousands of employees have departed the DOJ due to dismissals and forced resignations, with a significant reduction in the public integrity unit and civil rights division personnel.
Many within the DOJ are reportedly living in fear, with Young highlighting the potential for any employee to be dismissed if they do not comply with the president's wishes. White House Press Secretary Karoline Leavitt defended Trump, asserting that the president's frustration with lawmakers and state officials investigating him is understandable. She claimed that Trump is fulfilling his promise to restore accountability within the DOJ, arguing that seeking accountability is not a form of weaponization.
Historically, the Justice Department has operated with a degree of independence from the White House regarding criminal investigations. However, this year, that separation appears to have diminished, raising concerns among legal experts and longtime observers. According to George Washington University law professor Stephen Saltzburg, Trump is brazenly vocal about his intent to seek retribution against political adversaries, a stark contrast to even the Nixon administration’s approach.
Trump's political appointees are sworn to uphold the Constitution, yet this oath may soon be tested, as noted by Harvard law professor Jack Goldsmith. He pointed out that the concept of presidential power cannot justify allegiance to a president who exhibits indifference to the law. This raises significant questions about personal and professional ethics among federal prosecutors, who have the discretion to decide which defendants to charge.
Despite the pressures from the White House, there are still external checks on prosecutorial power. Recent grand juries in Washington, D.C., have declined to indict certain individuals, and magistrate judges have rejected requests for search warrants. This trend of skepticism may influence future cases, particularly in light of Trump's explicit demands for targeted prosecutions. Saltzburg remarked that the president's open call for certain actions contradicts the long-standing principle of equal justice under the law, potentially swaying judges' perspectives on such matters.
