How has Trump’s second term transformed the US Justice Department in 2025?

A newfound 'openness'

The occupation with prosecutorial independence, however, is that it has not been codified successful US law.

Instead, it is simply a norm that has developed implicit much than a century, stretching backmost to the earliest days of the Justice Department.

While the relation of the lawyer wide dates backmost to 1789, the Justice Department itself is simply a much caller creation. It was established successful 1870, during the Reconstruction play pursuing the US Civil War.

That play was marked by an expanding rejection of governmental patronage: the strategy of rewarding governmental allies with favours and jobs.

Reformers argued that, alternatively than having instrumentality enforcement officers scattered crossed assorted authorities agencies, consolidating them successful 1 section would marque them little susceptible to governmental influence.

That premise, however, has been tested implicit the consequent decades, astir notably successful the aboriginal 1970s nether then-President Richard Nixon.

Nixon courted ungraded by appearing to wield the menace of prosecutions against his governmental rivals — portion dropping cases that harmed his allies.

In 1 instance, helium allegedly ordered the Justice Department to driblet its antitrust lawsuit against the institution International Telephone and Telegraph (ITT) successful speech for fiscal backing astatine the Republican National Convention.

Key Justice Department officials were besides implicated successful the Watergate scandal, which progressive an attempted break-in astatine Democratic Party headquarters.

But Sklansky, the Stanford Law professor, noted that Nixon tended to run done backmost channels. He avoided immoderate nationalist calls to prosecute his rivals.

“He believed that, if helium called for that openly, helium would've been pilloried not conscionable by Democrats but by Republicans," Sklansky said. "And that was undoubtedly existent astatine the time."

But Sklansky believes the 2nd Trump medication has abandoned specified discretion successful favour of a nationalist show of powerfulness implicit the Justice Department.

“Trump’s openness astir the usage of the Justice Department to spell aft his enemies is truly thing that is rather new," helium said.