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I treasured my years as a senior U.S. Department of Justice official in the Reagan, George H.W. Bush and George W. Bush administrations. The unassailable ethics and professionalism of the attorneys and the apolitical nature of our work—administering justice based on the evidence and without fear or favor—were sources of significant pride. We were never pressured to push for an indictment of any particular person, nor pressured to drop a case. We were governed by a strict code of ethics and the rule of law alone.
The work of the department’s attorneys and their assessment of the evidence in each case were seen as inviolate. No congressman or administration official—including the president of the United States—ever had the temerity to try to exert political influence on the work of the attorneys who oversaw federal investigations.
It is critical to the administration of justice in a democracy that the agency responsible for administering a fair and impartial justice system, while a part of the executive branch, be shielded from political influence when it comes to that core function. The DOJ’s loyalty must be to the U.S. Constitution and the rule of law rather than to political leadership.
In early 2017, a crack appeared in this critically important shield for the first time in known history. Then-President Donald Trump suggested to then-FBI Director James Comey that the FBI drop its investigation of former national security adviser Michael Flynn.
Comey and the FBI ignored the president’s highly inappropriate request and continued the investigation.
Today, the environment has changed dramatically. Much as occurs in dictatorships, the president is openly using the DOJ to reward his friends and persecute those he views as his opponents.
It started with New York Mayor Eric Adams, indicted in 2024 for wire fraud, bribery and soliciting illegal campaign contributions. In February 2025, the new Trump administration ordered federal prosecutors to drop the case—not for lack of evidence but because they wanted Adams’ help with their immigration agenda.
The professional, career prosecutors refused, and several, including the Trump-appointed acting U.S. attorney, resigned in protest. In an unprecedented move, then-Deputy Attorney General Emil Bove was forced to file the motion to dismiss personally.
The judge in the case, in a scathing opinion, criticized what was clearly a quid pro quo for Adams’ cooperation on immigration matters, writing, “DOJ’s … rationale is … fundamentally incompatible with the basic premise of equal justice under the law.”
Although the case is gone, so now is Adams. [Editor’s note: Last month, Adams dropped his campaign for a second term.] His successor will not be so pliable.
We learned last month in a report from MSNBC that Trump’s border czar, Tom Homan, was caught on tape by the FBI in 2024 accepting a paper bag containing $50,000 in cash in exchange for promising to influence future government contracts. Trump appointees recently closed the investigation.
But what happened in September eclipses this. Trump ordered the indictment of James Comey. His own U.S. attorney appointee refused based on a lack of evidence and was consequently forced to resign. Trump immediately appointed one of his personal lawyers, a former insurance attorney, as U.S. attorney. Trump insisted publicly that the attorney general pursue an immediate indictment. And the attorney general obliged.
The record, including a 2018 inspector general’s report, demonstrates Comey’s clear innocence of the charges. But now we have a DOJ that obeys a vengeful president rather than following the rule of law. This violates everything the department has always stood for.
I routinely endeavor to be measured in these columns, but there are no two sides to this one. We have crossed the Rubicon.•
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Daniels is a retired partner of Krieg DeVault LLP, a former U.S. Attorney and assistant U.S. attorney general and former president of the Sagamore Institute. Send comments to [email protected].
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Deborah always has such great insight into many issues especially partisan politics. She challenges her own party when she observes major incongruities in policy and law and common sense. Thank you and hopefully it has some influence on what happens next.