About this episode

The episode explores the transformation of DOJ norms and the implications of political influence on prosecutorial independence.

When Robert Jackson stood in the Great Hall of the Justice Department in 1940 and told the country's federal prosecutors that they held more power over life, liberty, and reputation than any other person in America, he was not describing a rule written into law. He was describing a creed. For the better part of a century, attorneys general from both parties invoked Jackson's words as a kind of shared oath. The principle was simple: no fear or favor, just the law. The catch was that almost none of it was codified. In President Trump's second term, he has broken traditional norms of independence by purging career staff, calling for the prosecution of his enemies, and challenging the judiciary. In the season premiere of UnCommon Law, host Matthew Schwartz traces those norms from their origins through their greatest tests — and asks whether the system that held through Watergate, the Clinton impeachment, and even the first Trump term was ever as durable as it seemed. In this episode and the ones ahead, we will explore: Allegations of selective prosecution — indictments of political adversaries, dropped cases against allies — and what the law actually permits. How the federal…

People in this episode

Host: Matthew Schwartz

Topics covered

• DOJ norms
• prosecutorial power
• political prosecution
• judicial response
• Justice Department changes
• independence of judiciary

Keywords

• Justice Department
• Robert Jackson
• Donald Trump
• prosecution
• judiciary
• political norms
• Watergate
• Clinton impeachment

Mentioned in this episode

Organizations: Justice Department

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