President Donald Trump revealed his intentions to target three specific political foes with prosecution, whether or not charges are justified, and a former federal law enforcement official called on current officials to resist his corrupt orders.
The president posted a message over the weekend – perhaps unintentionally – to Attorney General Pam Bondi directing her to pursue criminal cases against FBI Director James Comey, Senator Adam Schiff and New York Attorney General Letitia James, calling all three "guilty as hell" for indicting and impeaching him.
Former U.S. Attorney Barbara McQuade wrote a column for Bloomberg outlining the dangers.
"Ethical prosecutors are fond of saying that they act without fear or favor," McQuade wrote. "President Donald Trump wants them to act with both."
Trump's post also suggested that prosecutors who refuse his orders should be removed, and he attacked Erik Siebert, his own nominee for U.S. Attorney for the Eastern District of Virginia, for failing to charge James with a crime. He removed Siebert and nominated White House aide Lindsay Halligan, previously one of his own personal lawyers, as a replacement.
"Stacking the ranks of US Attorney's Offices with loyalists is a dangerous development," McQuade wrote. "Since the Watergate era, the DOJ has abided by norms and policies to protect its independence from political influence. The Justice Department’s Principles of Federal Prosecution prohibit prosecutors from considering partisan politics in charging decisions. In addition, communication between the Justice Department and the White House is severely limited to avoid even the appearance of impropriety."
"During the administration of George W. Bush, the removal of nine U.S. Attorneys even led to the 2006 resignation of Attorney General Alberto Gonzales for undermining public confidence in the integrity of the Department of Justice," she added. "Now, Trump is blasting through those norms."
Politically sensitive cases come through every U.S. Attorney's Office on occasion, but McQuade said what Trump is threatening to do violates ethical guidelines and the rule of law, and she said prosecutors must resist his pressure.
"In this new era of pressure from the president, U.S. Attorneys around the country must ask themselves whether they are willing to become just another instrument of political power," McQuade wrote. "The rule of law commands that each person be treated equally in our legal system, regardless of rank, station, or popularity. Prosecutors would upend the rule of law if they were to make charging decisions out of fear of a president’s retaliation or to curry favor to keep their jobs."
"Each must be prepared to resign rather than baselessly punishing the president’s enemies and simultaneously destroying the integrity of our legal system," she added. "Anyone who fails to do so is unworthy of the office they hold. And a president who demands loyalty over integrity is unworthy of our nation’s highest office."