Editorial: Justice Department must operate free from political influence
It's not just a matter of political judgment that should deter President Donald Trump from his efforts to bend the U.S. Justice Department to his political will. It's a matter of protecting the credibility and independence of America's judicial system.
In recent days the president has ramped up the pressure on his attorney general, Jeff Sessions, first over charges brought against two Republican congressmen. Then on Friday, he demanded that federal prosecutors identify the anonymous writer of an unflattering New York Times Op-Ed, in the name of national security.
Trump's tweets on these topics show a disturbing lack of understanding of the role of federal prosecutors. Nothing less than the future of American jurisprudence depends on the Justice Department being free of partisan taint and able to function on its own timetable. When charges are ready, the office has a duty to bring them, regardless of the political consequences.
If the timing of a complaint is politically inconvenient ... well, over the long haul at least, it will be inconvenient for everyone, Republicans and Democrats alike.
Let's review some facts. In late August, the Justice Department announced charges against U.S. Rep. Duncan Hunter, of California, claiming he appropriated more than $250,000 in campaign funds for his personal expenses. It accused Rep. Chris Collins, of New York, of insider trading. The president has criticized the Justice Department both for the charges and for their timing.
"Two long running, Obama era, investigations of two very popular Republican Congressmen were brought to a well publicized charge, just ahead of the Midterms," Trump tweeted last Monday. "Two easy wins now in doubt because there is not enough time. Good job Jeff."
More facts: The Collins investigation didn't start under Obama (the insider trading charges stem from 2017). The Hunter one may or may not have - as a rule the Justice Department does not reveal when grand juries are convened.
But the egregious concern is that Trump very directly links the notion of federal prosecutions and investigations to the prospects for Republicans in the midterm elections.
Even the president's supporters should be wary when the head of government openly links the handling of an investigation to a political outcome, or, as in the case of the Times Op-Ed, strives to use the government's prosecuting apparatus to address a purely political concern.
Republicans in Washington, including Peter Roskam and Randy Hultgren of the Illinois delegation, need to remind the president of how inappropriate it would be for the DOJ to hold up an investigation because of the political implications, and how inappropriate it is for the head of government even to suggest it.
The key issue that all citizens must keep in mind, regardless of their politics, is the fundamental importance of "the impartial administration of justice," to use Nebraska Republican and Senate Judiciary Committee member Ben Sasse's phrase.
The responsibility of the Justice Department is to pursue justice without regard to political consequences. To do anything else suggests using the instruments of government to manipulate our elections or settle a leader's personal scores. That would have chilling implications for the health of democracy in our country regardless of the party in power.