A Brief History and Comparison to Elsewhere
An Independent Justice Department protects US democracy: An Introduction
An Independent Justice Department Defends Democracy by ENSURING NO PRESIDENT TWISTS IT INTO A TOOL FOR PERSONAL POWER. It stands as a bulwark against tyranny, preserving the rule of law and ensuring accountability for all citizens, including those in the highest offices. The incoming President-Elect’s blatant disregard for this tradition, combined with his autocratic tendencies, places the future of American democracy at grave risk.
Why An Independent Justice Department Protects US Democracy
Tradition has long dictated that the Justice Department act independently from the president. George Washington set this precedent by refraining from interfering in prosecutions, demonstrating respect for the Constitution’s checks and balances. Even during times of crisis, such as the Civil War and World War II, presidents like Lincoln and Roosevelt resisted the urge
to wield the Justice Department as a political weapon.
Contrast this with Richard Nixon, whose infamous Saturday Night Massacre epitomized the dangers of presidential overreach. By ordering the firing of the Watergate special prosecutor, Nixon sought to escape accountability, triggering a constitutional crisis. Similarly, Donald Trump’s demands for loyalty from Attorneys General and his attempts to influence investigations into his administration undermined public confidence in the rule of law. These moments demonstrate the catastrophic consequences of eroding the Justice Department’s independence.
The Current Threat: An Autocratic Agenda
The President-Elect’s actions and rhetoric signal an even greater threat. Facing ongoing legal battles, including his conviction for falsifying records related to hush money payments, he appears poised to appoint an Attorney General loyal
to him rather than the Constitution. His statements suggest plans to use the Justice Department to dismantle investigations against him, prosecute political opponents, and shield his allies. It pays all of us to understand that An Independent Justice Department Defends Democracy!
What’s at stake is profound. A Justice Department subjugated to the presidency could criminalize dissent, intimidate journalists, and undermine free elections. The President-Elect’s autocratic tendencies—evident in his disregard for legal norms and willingness to stoke division for political gain—could transform the Justice Department into a tool of repression.
Why the Independence of the Justice Department Protects US Democracy
Lessons from Authoritarian Regimes
History offers chilling parallels. In Hungary, Viktor Orbán’s government manipulated judicial institutions to consolidate power, silencing opposition and eroding democracy. In Turkey, Recep Tayyip Erdoğan weaponized legal systems to imprison critics and suppress dissent. These examples illustrate how undermining judicial independence enables authoritarian control.
Preserving Democracy
To protect democracy, Congress and civil society must act decisively. Strengthening special counsel protections, increasing Justice Department oversight, and codifying independence norms into law are critical steps. Moreover, public awareness and resistance to attempts at politicization can ensure accountability.
The United States faces a pivotal moment. If the Justice Department’s independence crumbles, so does the democratic framework that safeguards individual freedoms. Americans must demand leaders who respect this cornerstone of governance.
Sources Cited
Ackerman, B. (2000). The Decline and Fall of the American Republic. Harvard University Press.
Zirin, J. (2019). Plaintiff in Chief: A Portrait of Donald Trump in 3,500 Lawsuits. Macmillan.
Post, R. (2013). Democracy, Expertise, and Academic Freedom. Yale University Press.
Suggestions for Further Reading
Impeachment: An American History by Jeffrey Engel
The Soul of America by Jon Meacham
A Higher Loyalty: Truth, Lies, and Leadership by James Comey
The People vs. Democracy by Yascha Mounk
On Tyranny by Timothy Snyder
The Federalist Papers by Alexander Hamilton, James Madison, and John Jay
Presidents and the Rule of Law by Alexander Keyssar
Crises of the Republic by Hannah Arendt
Watergate: The Corruption of American Politics and the Fall of Richard Nixon by Fred Emery
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