Should We Move Federal Prosecutors Into the Judicial Branch? | Opinion

In recent news, the Senate has approved the appointment of Todd Blanche, former personal lawyer to President Donald Trump, as the new Attorney General. This move has raised concerns about the independence of the Justice Department, which has been accused of orchestrating arrests of the president’s opponents, covering up the Epstein scandal, and agreeing to a $100 million tax fraud for Trump and his family.

With such allegations, some argue that the entire department should be abolished, and instead, criminal prosecutors should be integrated into the judicial branch where they could be overseen by judges rather than being controlled by the president's whims.

This suggestion is not without precedent, as prosecutors in countries like Italy, France, and Spain are already part of their judiciaries. However, transferring all Justice Department attorneys into the judicial branch might not be the best solution, as civil rights, antitrust, environmental, tax, and national security litigators would still need to remain under the president's control. Moving all prosecutors could weaken the president's ability to faithfully execute the laws.

Italy's experience with this issue provides a relevant example. Prime Minister Giorgia Meloni sought to make prosecutors part of her executive power, but Italian voters rejected the proposal, fearing a loss of impartiality. In the United States, the Justice Department, along with the FBI, have historically been relatively free from political interference, and their staff have been trusted nonpartisans.

However, during the Trump administration, these institutions became increasingly politicized, and Trump's accusations of the Biden administration "weaponizing" the justice system against him turned out to be false.

While federal prosecutors should maintain their neutrality, local prosecutors, who are elected in almost all American states, might be more susceptible to political pressures. Ensuring their independence could be achieved through constitutional amendments that regulate federal prosecutorial functions to protect them from partisan politics.

This approach would also help maintain the separation of powers, with judges acting as impartial arbiters in disputes between prosecutors and defense lawyers. Ultimately, finding a way to preserve the integrity of the criminal justice system in light of Trump's administration is crucial to preserving democracy.