Sharing the Facts About Politicized Federal Prosecutions

The independence of the U.S. Department of Justice is essential for maintaining a functioning democracy and the fair enforcement of laws. Today, the Trump administration has put that independence into 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.” But since signing the executive order, Trump has repeatedly used the power of the federal government to retaliate against his political rivals through investigations and prosecutions.

In the first year of Trump’s second term, the Justice Department initiated criminal investigations into the chair of the Federal Reserve, multiple members of Congress, former White House officials that served in Trump’s first term, and others.

In some cases, the efforts went further: Federal prosecutors brought criminal charges against former FBI Director James Comey and New York Attorney General Letitia James. (Grand juries have rejected other attempted charges against Trump’s adversaries.)

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.

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.)

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.”

The president claimed he wants to end the supposed weaponization of government. But the actions he’s taken with the support of his administration tell a different story.

Here are some key takeaways about how the president’s political motivations are driving prosecutions at the Justice Department:

• 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 the law, not political considerations.
• Americans don’t want the Justice Department to be used this way.
  • 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 Trump administration is undermining 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 for the rule of law by ignoring court orders, attacking election officials, and trying to force states to comply with and adopt his policies.
• 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 impacts all Americans.
  • The Justice Department is not the president’s law firm. It is supposed to be the people’s law firm.
  • The federal government is meant to protect the people of this country, act independently, and enforce the law without bias.
  • The standards being set by the Trump administration will be felt for years to come. The American people may no longer trust that investigations and prosecutions are fair.