DOJ Changes Under Trump Throw Judicial Independence Into Question

The Department of Justice faces an unprecedented purge as career prosecutors with ties to Trump investigations are terminated, raising alarms about the future independence of America’s justice system.

Quick Takes

Over a dozen DOJ employees involved in prosecutions of President Trump have been fired, breaking with long-standing traditions that protected career prosecutors across administrations.
Acting Attorney General James McHenry justified the terminations, stating these officials “could not be trusted to faithfully implement the President’s agenda.”
Trump’s Executive Orders seek to increase White House control over independent federal agencies, raising serious constitutional questions about separation of powers.
A federal judge has already blocked one attempt to remove the head of the US Office of Special Counsel, signaling potential legal challenges ahead.
An 18-year DOJ veteran has come forward warning that independence and fairness are being sacrificed for loyalty to President Trump.

Mass Terminations Target Trump Prosecutors

The Department of Justice has terminated more than a dozen career prosecutors who were involved in criminal cases against President Donald Trump, according to recent reports. This unprecedented move predominantly targeted members of special counsel Jack Smith’s investigative team, marking a significant departure from longstanding Justice Department traditions. Typically, rank-and-file prosecutors remain with the department across different administrations without facing repercussions for their work on politically sensitive investigations.

Acting Attorney General James McHenry has taken responsibility for the decisions, with a Justice Department official confirming the actions were taken because the prosecutors allegedly “could not be trusted to faithfully implement the President’s agenda because of their significant role in prosecuting the President.” The terminations occurred shortly after special counsel Jack Smith resigned and submitted his final report on investigations into Trump’s handling of classified documents and alleged election interference.

Executive Orders Challenge Agency Independence

Beyond the DOJ purges, President Trump has issued two Executive Orders that significantly increase White House control over independent federal regulatory agencies. The “Agency Accountability Order” requires these agencies to submit significant regulatory actions for White House review, while the “Deregulatory Initiative Order” mandates agencies review existing regulations and prioritize enforcement only on those explicitly authorized by the Constitution. These orders have triggered litigation over their constitutionality and potentially threaten the traditional independence of agencies.

The administration’s efforts to consolidate executive power have already faced judicial pushback. Recently, U.S. District Judge Amy Berman Jackson blocked an order to remove the head of the US Office of Special Counsel, highlighting the ongoing debate over executive authority. The Department of Justice has also shifted its legal stance, no longer defending the traditional “for cause” removal standard for commissioners of independent agencies, potentially setting the stage for a Supreme Court challenge.

Legal Challenges to the Purge

Federal employees traditionally enjoy protections under civil service laws, primarily the Civil Service Reform Act of 1978, which was designed to prevent arbitrary dismissals based on political considerations. The recent firings have already prompted lawsuits alleging violations of constitutional rights and the Privacy Act. Legal experts point to established precedent that even officials with authority to remove employees must follow regulations they’ve established for such actions.

According to a statement released from the Justice Department, “Today, Acting Attorney General James McHenry terminated the employment of a number of DOJ officials who played a significant role in prosecuting President Trump.”

The personnel changes extend beyond prosecutors directly involved in Trump cases. Key figures fired include the Chief Immigration Judge and the Executive Office for Immigration Review’s acting director. These actions appear to be part of a broader strategy to reshape federal agencies by removing career officials perceived as obstacles to implementing the administration’s agenda. Critics argue this undermines the institutional knowledge and professional independence that have historically characterized these agencies.

The Broader Context

The DOJ purge is unfolding alongside other significant actions by the Trump administration, including the pardoning of over 1,500 supporters involved in the January 6, 2021, Capitol riot. The administration has nominated Pam Bondi for Attorney General, who has declined to rule out investigations into Trump’s political adversaries. These developments suggest a fundamental shift in how the Justice Department may operate, with potential implications for its traditional role as an independent arbiter of justice.

Legal scholars and former DOJ officials have expressed concern that these actions could permanently damage the department’s reputation for independence. The ongoing litigation and controversy surrounding these personnel decisions will likely continue to test the boundaries of presidential authority over independent agencies and career civil servants. As these cases work their way through the courts, the ultimate impact on America’s justice system remains to be seen.

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