Skip to content
Search

Latest Stories

Top Stories

Donald Trump is gearing up to politicize the Department of Justice. Again.

Donald Trump is gearing up to politicize the Department of Justice. Again.

President-elect Donald Trump, Wednesday, January 8, 2025.

(Tom Williams/CQ-Roll Call, Inc via Getty Images)

With his loyalists lining up for key law-enforcement roles, Trump is fixated on former Republican congresswoman Liz Cheney, who helped lead the January 6 congressional investigation. “Liz Cheney has been exposed in the Interim Report, by Congress, of the J6 Unselect Committee as having done egregious and unthinkable acts of crime,” Trump recently said. Then he added: “She is so unpopular and disgusting, a real loser!”

This accelerates a dangerous trend in American politics: using the criminal justice system to settle political scores. Both the Trumps and the Bidens have been entangled in numerous criminal law controversies, as have many other politicians this century, includingScooter Libbey,Ted Stevens,Robert Coughlin,William Jefferson,Jesse Jackson Jr.,David Petraeus,Michael Fylnn,Steve Bannon,Bob Menendez, and George Santos.


Some of these cases represent legitimate law enforcement work. Some don't. The overall trend is clear: the bloodlust to imprison political rivals is intensifying.

The implications are profound. First, criminalizing politics undermines the fundamental principle that the rule of law applies equally to all people. Entangling the passions and biases of politics with the criminal law leads to different prosecutorial standards depending on someone's political affiliations—instead of evidence regarding their guilt or innocence. In American politics, the messenger matters more than the message; the actor matters more than the act. With the rule of law, the opposite is true: all individuals must be treated equally, and their specific alleged misdeeds—alone—are what counts.

Sign up for The Fulcrum newsletter

Second, criminalizing politics accelerates a disturbing trend toward ever more polarization. It ramps up the stakes from treating opponents as political rivals to treating them like personal enemies.

Hardball politics is, of course, nothing new. It's woven into the fabric of our democratic system. But ultimately, we are one nation in a dangerous world. Our internal disputes shouldn’t consume too much national bandwidth. According to Trump, “I always say, we have two enemies. We have the outside enemy, and then we have the enemy from within, and the enemy from within, in my opinion, is more dangerous than China, Russia, and all these countries.”

This is a dangerous perspective and he couldn't be more wrong. Trump's mentality undercuts Americans’ ability to respond to the myriad international threats we face together. If looked at from a global perspective, Americans’ interests overlap far more than they diverge. Our energy should be focused on understanding and addressing big global challenges, not sending officials we don't like to jail.

Finally, criminalizing politics deters quality people from even entering the political arena. The United States government already has a personnel problem. Look no further than the presidency. We will soon transition from a man with obviously declining mental facilities to a man who tried to reverse the previous presidential election. This is neither normal nor the way it's always been. We shouldn’t further dissuade talented people from entering government over concerns that imperfections and ambiguities in their past will be twisted into politically motivated criminal accusations. The downside of winning office should be losing the next election and not going to jail.

These concerns must be understood in context. It's, of course, true that entering government should neither absolve someone from past crimes nor serve as a license to commit new ones. And even-handed justice requires prosecuting not just the weak and anonymous but also the powerful and well-known.

Striking the right balance is hard. But there should be a strong presumption in favor of leaving politics—and its inherent passions and prejudices—outside the courthouse.

Politicizing the rule of law doesn't just undermine our government and poison our justice system. It imperils our nation as a whole.

William Cooper is the author of “How America Works … and Why it Doesn’t.

Read More

U.S. President Donald Trump walks towards Marine One on the South Lawn on May 1, 2025 in Washington, DC.

U.S. President Donald Trump walks towards Marine One on the South Lawn on May 1, 2025 in Washington, DC.

Getty Images, Andrew Harnik

Trump’s First 100 Days on Trial

100 Days, 122 Rulings

Presidents are typically evaluated by their accomplishments in the first 100 days. Donald Trump's second term stands out for a different reason: the unprecedented number of executive actions challenged and blocked by the courts. In just over three months, Trump issued more than 200 executive orders, targeting areas such as climate policy, civil service regulations, immigration, and education funding.

However, the most telling statistic is not the volume of orders but the judiciary's response: over 120 rulings have paused or invalidated these directives. This positions the courts, rather than Congress, as the primary institutional check on the administration's agenda. With a legislature largely aligned with the executive, the judiciary has become a critical counterbalance. The sustainability of this dynamic raises questions about the resilience of democratic institutions when one branch shoulders the burden of oversight responsibilities.

Keep ReadingShow less
U.S. President Donald Trump signs executive orders in the Oval Office at the White House on April 23, 2025 in Washington, DC.

U.S. President Donald Trump signs executive orders in the Oval Office at the White House on April 23, 2025 in Washington, DC.

Getty Images, Chip Somodevilla

Trump 2.0’s Alleged Trifecta Crisis

On July 25, 1933, President Franklin D. Roosevelt gave a radio address to 125 million Americans in which he coined the term “first 100 days.” Today, the 100th day of a presidency is considered a benchmark to measure the early success or failure of a president.

Mr. Trump’s 100th day of office lands on April 30, when the world has witnessed his 137 executive orders, 39 proclamations, 36 memoranda, a few Cabinet meetings, and numerous press briefings. In summary, Trump’s cabinet appointments and seemingly arbitrary, capricious, ad hoc, and erratic actions have created turmoil in the stock market, utter confusion among our international trade partners, and confounded unrest with consumers, workers, small business owners, and corporate CEOs.

Keep ReadingShow less
America’s Liz Truss Problem

Former Prime Minister of the United Kingdom Liz Truss speaks at the Conservative Political Action Conference (CPAC) at the Gaylord National Resort Hotel And Convention Center on February 20, 2025 in Oxon Hill, Maryland.

Getty Images, Andrew Harnik

America’s Liz Truss Problem

America is having a Liz Truss moment. The problem is that America doesn’t have a Liz Truss solution.

Let me take you back to the fall of 2022 when the United Kingdom experienced its own version of political whiplash. In the span of seven weeks, no less than three Prime Ministers (and two monarchs, incidentally) tried to steer the British governmental ship. On September 6, Boris Johnson was forced to resign over a seemingly endless series of scandals. Enter Liz Truss. She lasted forty-nine days, until October 25, when she too was pushed out the black door of 10 Downing Street. Her blunder? Incompetence. Rishi Sunak, the Conservative Party’s third choice, then measured the drapes.

What most people remember of the Truss premiership is the Daily Star wager that a head of lettuce would last longer than Truss. The lettuce won. But Truss’ stint as Prime Minister—the shortest ever, I should note—holds some lessons for America today.

Keep ReadingShow less
Employees being let go, laid off, fired.
Getty Images, mathisworks

Part One, The Impact of Trump’s Executive Actions: The Federal Workforce

Project Overview

This essay is part of a series by Lawyers Defending American Democracy, explaining in practical terms what the administration’s executive orders and other executive actions mean for all of us. Each of these actions springs from the pages of Project 2025, the administration's 900-page playbook that serves as the foundation for these measures. The Project 2025 agenda should concern all of us, as it tracks strategies adopted by countries such as Hungary, which have eroded democratic norms and have adopted authoritarian approaches to governing.

Keep ReadingShow less