Escalation in Calls from Trump and His Supporters for Justice Department Reform Raises Fears for Democratic Institutions

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Since the unsettling Jan. 6 attack on the U.S. Capitol over two years ago, a bipartisan act has been ratified by Congress to seal gaps in the intricate procedure of electing a new president, an effort aimed at thwarting attempts like those of Donald Trump to cling to power post his 2020 electoral defeat.

All candidates who supported Trump’s move to challenge the 2020 election results, vying for pivotal swing-state electoral positions, experienced defeat in the elections held the following year. In the present week, federal prosecutors have lodged four felony charges against Trump due to his participation in the strategy to overturn President Joe Biden’s electoral victory.

Simultaneously, another federal indictment accusing Trump of improperly handling classified data after his term had ended is fueling conservative demands for a Justice Department overhaul.

Such a move is seen as a potential threat to democracy by advocates, particularly if Trump should secure a second term as president.

“The triggers for him to pursue this path will only intensify, and the level of control he might seek over federal law enforcement is an increasing concern,” stated Brendan Nyhan, a political scientist at Dartmouth College and co-director of Bright Line Watch, an organization that observes democratic practices in the U.S. “Instances from other nations serve as potent reminders of the perils of a political usurpation of law enforcement.”

It’s crucial to acknowledge that other threats to American democracy persist apart from a potential Justice Department takeover. Almost 60% of Republican voters held the false belief that Trump had won the 2020 elections, according to a survey by Big Big News last autumn. This misconception has led millions to cast doubts over voting machines, mail-in voting, and vote tallying, and has even led to death threats against election officials.

Several rural counties have seen the rise of election conspiracy theorists influencing election processes and vote-counting, fostering concerns about more election disorder next year. The certification of election results continues to be a possible pressure point for delaying or discrediting the final result in future elections.

Nevertheless, the accelerating GOP primary has brought to light a new concern — Trump and his allies’ increasing calls for exerting more control over federal prosecutions. Several legal experts have identified this as possibly the most alarming threat to the country’s democratic institutions should Trump or another Republican win the presidency next year.

Currently, although the president has the authority to nominate the Attorney General and other top officials in the Justice Department, the influence over career prosecutors remains limited.

Paul Coggins, a former president of the National Association of Former U.S. Attorneys, warned against compromising the independence of the Justice Department, a move he believes would be a colossal error. He noted that federal prosecutors have taken notice of Trump’s recent promises to gain more control over the system.

Indeed, Trump and his conservative allies have insisted that such a move is long overdue, especially considering the prosecutions against him, which they deem as politically driven. After his most recent indictment, Trump vowed to pursue charges against Biden and his family should he be re-elected.

In a Republican Party dinner held in Alabama, Trump reiterated his assertions that the latest criminal charges against him were an unwarranted criminalization of political speech. He labeled the indictment as an act of desperation from Biden and his left-wing supporters to maintain their hold on power.

Trump’s allies, including Russell Vought, his former budget office head, and Jeffrey Clark, a former Justice Department official who was implicated in the attempt to overturn the election, are devising a plan to strengthen control of the federal bureaucracy the next time a Republican is in the White House.

Trump is not the only one advocating for this push, indicating how his contentious perspectives on federal law enforcement have influenced a party traditionally known for advocating law-and-order. Florida Governor Ron DeSantis called for a new FBI director on the day the most recent indictment was released, while House Republicans have convened a committee to probe what they term the “weaponization” of federal law enforcement.

Even though some seasoned conservatives have expressed disillusionment with the agency’s recent conduct, there remains skepticism over the feasibility of gaining tighter control over career prosecutors without reforming the civil service system.

In the event of a future Trump presidency, there are concerns about the possible absence of safeguards, as those within the Justice Department previously played a crucial role in resisting Trump’s attempt to remain in power.

Michigan Secretary of State Jocelyn Benson expressed that the fate of future elections is largely in the hands of voters, encouraging Americans to consider the implications of their electoral choices.

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Christina A. Cassidy from Atlanta and Gary Fields from Birmingham, Alabama, reporters for Big Big News, have contributed to this report.

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More about Justice Department Overhaul

• Donald Trump’s Presidency
• U.S. Department of Justice
• 2020 U.S. Presidential Election
• The Assault on the U.S. Capitol on Jan. 6, 2021
• Biden’s Victory in the 2020 Election