Sharing the Facts About Misusing Federal Law Enforcement for Political Retaliation

The independence of the U.S. Department of Justice is essential for maintaining a functioning democracy and the fair enforcement of laws. Today, that independence is under question.

On the first day of his second term, President Trump signed an executive order that sought to “correct” what he described as the “third-world weaponization of prosecutorial power to upend the democratic process.” Since signing the executive order, Trump has gone well beyond the powers of the presidency, using his administration to retaliate against state officials and other critics through criminal investigations.

Recently, the Justice Department launched investigations into New York Attorney General Letitia James, who prosecuted the president’s business practices. The Justice Department also levied similar accusations against several of the president’s adversaries, including a U.S. senator and a Federal Reserve official.

The president also directed the Justice Department to investigate Chris Krebs, his former top cybersecurity official who confirmed the 2020 presidential election was safe and secure. Further, the FBI raided the home of John Bolton, the president’s former national security adviser who publicly disagreed with his approach to foreign policy and his handling of classified documents. The raid was reportedly attempting to find classified documents.

Trump even threatened to arrest California Gov. Gavin Newsom because he publicly disagreed with the president’s decision to take control of the state’s National Guard. Newsom called it “an unmistakable step toward authoritarianism.” (A state’s National Guard is usually under the command of the state’s governor.)

There is growing national concern after several state and local officials were arrested or handcuffed by federal agents, including the mayor of Newark, New Jersey, a county judge in Wisconsin, and a U.S. senator from California.

In response to the investigations into Attorney General James, 21 state attorneys general published an open letter in August condemning the Justice Department’s “campaign of intimidation.” James and all state attorneys general have an ethical duty and professional responsibility to enforce the law, even when it means going after the most powerful in this country, they wrote. The Justice Department humoring political vendettas violates the public trust, they added.

Indeed, the Justice Manual, which sets internal policies and procedures at the Justice Department, clearly states that its “investigatory and prosecutorial powers be exercised free from partisan consideration.”

While the president claimed he wants to weed out the weaponization of government, the actions he’s taken with the support of his administration tell a different story.

Here are some key takeaways about federal law enforcement being used for retaliation against the president’s political opponents:

• This misuse of federal law enforcement is not normal.
  • The president is exploiting his power to punish those who stand in his way. Strongarming political opponents goes against our shared constitutional principles.
  • It is an abuse of power for the president to direct law enforcement to target state officials and other people who disagree with him politically.
  • Federal law enforcement is supposed to be politically neutral and focused on addressing real crime.
  • The Justice Department is supposed to apply laws equally to all individuals, regardless of political power or party. Independence helps ensure legal decisions are based on facts and law, not political considerations.
• Americans don’t want this.
  • According to a States United survey, more than 6 in 10 Americans disagree that Trump should be able to direct the Justice Department to pursue charges against his political opponents.
• The executive branch’s actions violate the rule of law.
  • When law enforcement is used to protect friends and punish enemies, it undermines the principle that everyone is equal under the law.
  • The president has already shown contempt to the rule of law by ignoring court orders, attacking election officials, and trying to impose his policies on the states.
• Intimidating political opponents hurts free speech.
  • Freedom of speech is a foundational principle of the American system of government. We are guided by the First Amendment of the Constitution.
  • Whistleblowers, journalists, and political opponents may be discouraged from doing their jobs to speak out against the administration if they fear retaliation through federal investigations, audits, or other forms of government coercion.
• This action impacts all Americans.
  • When federal law enforcement wades into politics, it hurts all Americans.
  • The federal government is meant to protect the people of this country, act independently, and enforce the law. The Justice Department is not the president’s law firm. It is supposed to be the people’s law firm.
  • The standard being set here will be felt for years to come. The American people may no longer trust that investigations and prosecutions are fair and unbiased.