Revisiting the Department of Justice’s Politicization
By Joshua Levine · Cogito XIV ·Since October 2022, the Department of Justice’s (DOJ) politics have become increasingly prevalent in political discourse. Classified documents have been found at the residences and offices of Former President Donald Trump, President Joe Biden (in his former role as Vice President), and Former Vice President Mike Pence, causing many to consider the role of politics in the DOJ’s decision-making process. Each of the three officials handled the issue differently: Trump has complied minimally with federal investigations, if at all, while Biden and Pence have generally cooperated with investigators. The DOJ has been forced to respond publicly, and the department must respond with force proportional to each official’s issue while also considering the differences in each case – especially compliance.
Former President Trump continually pressured the DOJ, even publicly at times. While Biden has not done this during his presidency, Trump’s actions caused more Americans to distrust the DOJ; this has been one of Attorney General Merrick Garland’s biggest challenges thus far. Garland has worked to create a legal system that does not benefit one political party more than another. Continuing to do this should be a priority for Garland, and the notable cases involving Trump and Biden allow him to show a non-political DOJ.
Attorney General Garland appointed a special counsel to investigate former President Trump and President Biden’s cases. A special counsel is appointed to avoid a potential conflict of interest or to investigate a specific, complex area of law. The potential conflict of interest is apparent: investigating former (and potentially future) political opponents could allow politics to seep into decision-making. Regarding President Biden’s case, Biden appointed Garland, so Attorney General Garland’s investigation into Biden could be perceived as skewed: some Americans may see any situation where Garland defends Biden as overt politicization.
Since the FBI search for classified documents at Donald Trump’s Mar-a-Lago residence, Trump and his team have continued to find and turn over documents. As of February 2023, more than 300 documents have been found in Trump’s possession. These documents are classified at the highest levels of government and may contain secret information related to domestic nuclear programs and other high-level foreign intelligence. Much of the information contained in these documents is derived from human intelligence: American agents have worked hard in dangerous circumstances to obtain this information, and individuals lacking proper clearance receiving this information could threaten agents’ work and lives.
Attorney General Garland appointed Jack Smith on November 18, 2022, as a special counsel to investigate Trump’s potential criminal wrongdoings, including the classified document issue. Smith has a proven record of successfully prosecuting various crimes and cases. Most recently, Smith prosecuted war crimes at The Hague, the United Nations’ International Court of Justice. While this case can be seen through a political lens, the DOJ must continue to focus on it as it would any other case.
About twenty documents have been found at Biden’s residences and the Penn Biden Center at the University of Pennsylvania. Some of the documents have been classified, but relative to Trump, Biden possessed fewer documents that, generally, were less of a risk to national security. Furthermore, as soon as Biden and his team discovered the documents, they alerted the National Archives and complied with the search requests from the DOJ and FBI. This contrasts with Trump’s actions, as his attorneys said that all of the documents had been returned; however, many documents were still at Mar-a-Lago. In Biden’s case, Robert K. Hur, former United States Attorney for the District of Maryland, has been named by Attorney General Garland as a special counsel to investigate the documents.
Garland has made the correct choice for both Trump and Biden’s cases: special counsels will allow for investigations to occur without political motives from the investigators. The DOJ’s message and communication to the public about these cases will be essential and must be carefully chosen. Members of both major political parties will attempt to use these cases in various circumstances: campaigns, hearings, debates, and more.
These cases surround two of the most prominent American political figures – each of whom is his respective political party’s 2024 frontrunner for the presidency. tSo, the politicization of the DOJ has continued to be noteworthy. When President Biden announced Attorney General Garland’s nomination, Biden stated, “your loyalty is not to me.” Instead, Garland’s commitment was to the rule of law. Garland recently said, “the essence of the rule of law is that like cases are treated alike: that there not be one rule for Democrats and another for Republicans.” Garland has worked hard to maintain an apolitical DOJ that applies American laws fairly.
Attorney General Garland must continue to investigate all major issues as they arise while avoiding politicization or even the appearance of politicization to maintain an equal rule of law across the country. Garland’s choice to appoint special counsels for Trump and Biden removes some of the pressure on him to make choices that could be seen as political. When the special counsels make decisions and submit findings, Garland must continue to follow the facts and be transparent with the public.
