Trump Is Poised to Turn the DOJ Into His Personal Law Firm

Presidential Control and the Independence of the Department of Justice: A Balancing Act
Appointments and Loyalty
President Donald Trump has made unprecedented moves to appoint personal attorneys to key positions within the Department of Justice (DOJ), including the deputy attorney general, principal deputy attorney general, and solicitor general. These appointments raise concerns about the potential erosion of the DOJ's independence and its ability to act objectively in law enforcement and other matters.
In contrast, previous presidents have sought to balance political loyalty with professionalism and independence in their DOJ appointments. Some presidents have selected judges or lawyers with extensive law-enforcement experience, while others have appointed individuals with political connections.
The Origins of the DOJ: Quasi-Independence
The DOJ was established in 1870 to address the growing complexity and volume of legal work handled by the federal government. Its initial role was perceived as quasi-judicial, with the attorney general rendering legal opinions and representing the United States before the Supreme Court.
The Constitution does not explicitly grant the DOJ independent status, but a debate has persisted over the appropriate balance between professionalism and fidelity to the president's agenda.
The Tension Between Politics and Objectivity
Throughout its history, the DOJ has struggled to maintain an equilibrium between political influence and independence. Some presidents have sought "too little" politics, while others have pushed for "too much."
Presidents have sometimes appointed attorneys general from their campaign ranks, while others have questioned the need for a fully independent DOJ, viewing it as an extension of the president's authority.
Watergate and the Search for Balance
The Watergate scandal exposed the dangers of politicizing law enforcement and led to concerns about the integrity of the DOJ. Proposals to establish the DOJ as an independent agency gained traction but ultimately failed.
Instead, Congress implemented reforms aimed at limiting presidential abuse of power, such as a 10-year term for the FBI director and the creation of the inspector general position.
Trump's Personalization of the DOJ
President Trump's approach to the DOJ has been unique in its emphasis on personal loyalty. He has openly stated that he views the department as his own and expects unwavering support from its officials.
His appointment of former personal attorneys to senior DOJ positions suggests an intent to establish a personal defense network within the department.
Questions for the Nominees
The upcoming confirmation hearings for Trump's DOJ nominees should focus on their understanding of the DOJ's independence, their commitment to nonpartisan justice, and their plans for managing potential conflicts of interest.
Nominees should be questioned about their adherence to department guidelines and policies designed to prevent abuse of investigative and prosecutorial powers.
They should also clarify their views on the role of the solicitor general and the importance of avoiding partisan bias in legal representation.
The Importance of a Serious Debate
The confirmation process should prioritize a substantive discussion of institutional roles and responsibilities. Focusing solely on partisan differences risks obscuring the long-term implications for the DOJ's independence.
The public deserves a transparent and thorough examination of the nominees' qualifications and their commitment to upholding the integrity of the Department of Justice.