Toward an Independent Administration of Justice: Proposals to Insulate the Department of Justice from Improper Political Interference

24 Pages Posted: 7 Nov 2020 Last revised: 21 Nov 2020

See all articles by Rebecca Cho

Rebecca Cho

affiliation not provided to SSRN

Louis Cholden-Brown

Government of New York City, NY - City Council

Marcello Figueroa

Fordham University School of Law

Fordham Law Democracy Clinic Reports

Fordham University

Date Written: January 15, 2020

Abstract

The rule of law is undermined when political and personal interests motivate criminal prosecutions. This report by Fordham Law School's Democracy Clinic advances proposals for ensuring that the federal criminal justice system is administered uniformly based on the facts and the law. It recommends a law preventing the president from interfering in specific prosecutions, another law establishing responsibilities for prosecutors who receive improper orders, and new conflict of interest regulations for Department of Justice officials.

Keywords: Department of Justice; Presidential Powers; US Constitution; Federal Law Enforcement

Suggested Citation

Cho, Rebecca and Cholden-Brown, Louis and Figueroa, Marcello and Rogan, John, Toward an Independent Administration of Justice: Proposals to Insulate the Department of Justice from Improper Political Interference (January 15, 2020). Fordham Law Legal Studies Research Paper Forthcoming, Available at SSRN: https://ssrn.com/abstract=3680757

Rebecca Cho

affiliation not provided to SSRN

Louis Cholden-Brown

Government of New York City, NY - City Council

United States

Marcello Figueroa

Fordham University School of Law

140 West 62nd Street
New York, NY 10023
United States

John Rogan (Contact Author)

Fordham University

150 West 62nd Street
New York, NY New York 10023
United States

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