Former President Donald Trump recently promised to hire a special investigator to investigate President Joe Biden and his family if he returns to office.
This action would be a radical departure from the traditional role of the Justice Department as an independent body. Trump appears to be suggesting that the legal troubles he faces are based on politics rather than genuine evidence. He’s hinting that he would fight back by having someone who supports him investigate his political rivals, regardless of the facts.
This promise by Trump is part of a larger trend to challenge the FBI, change the Justice Department—which conservatives argue has been used unfairly against them—and reject the idea that the Justice Department should operate separately from the president.
Two key individuals in this effort are Jeffrey B. Clark and Russell T. Vought, both associated with the Center for Renewing America. Clark, a favorite of Trump, wrote an argument suggesting that the Justice Department should not be independent and that presidents should have control over federal law enforcement.
Clark, Vought, and other conservatives are resisting what they see as the justice system being manipulated by Democrats. At the same time, they’re advocating for a system that allows a Republican president to direct specific law enforcement investigations. They’re basically arguing that the president should have full control over the federal bureaucracy.
This shift away from a tradition of Justice Department independence has been amplified by Trump’s criticisms of federal law enforcement during his presidency, which have been adopted by his followers. Other Republican candidates, like Ron DeSantis, also dismiss the idea of an independent Justice Department, further challenging this tradition.
While in office, Trump saw the attorney general as his personal lawyer and was disappointed when Jeff Sessions stepped away from the Russia investigation. William Barr, Sessions’ successor, agreed with Trump’s criticisms of the Russia investigation but did not support Trump’s attempts to use the Justice Department to challenge the election results. Barr resigned after disagreeing with Trump on this issue.