Restoring DOJ Independence After Trump

Experts propose reforms to safeguard the Justice Department from future abuses of power.

Published on Feb. 21, 2026

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The Trump administration's politicization of the Department of Justice has raised concerns about the need to protect the agency's independence and integrity. Experts argue that simply returning to business as usual will not be enough, and propose reforms such as requiring courts to appoint independent legal advisers for grand juries, protecting federal employees from politically-motivated removals, and codifying the DOJ's prosecution principles into law.

Why it matters

The Trump administration's actions have undermined public trust in the DOJ and raised fears that future presidents could abuse the agency for partisan gain. Restoring the DOJ's independence is crucial to ensuring the fair and impartial administration of justice.

The details

Under the Trump administration, the DOJ has been accused of pursuing baseless indictments against the president's perceived political enemies, while rewarding his allies with pardons. Prosecutors have also been accused of defying court orders and engaging in unprofessional conduct. Experts argue that reforms are needed to prevent such abuses, including requiring courts to appoint independent legal advisers for grand juries, protecting federal employees from politically-motivated removals, and codifying the DOJ's prosecution principles into law.

  • In 2026, the Trump administration's actions at the DOJ have raised concerns about the need for reforms.
  • Earlier this month, the FBI seized ballots and voting rolls in Georgia based on debunked claims of fraud.

The players

Pam Bondi

The current Attorney General who has been accused of transforming the DOJ into an instrument of Trump's retribution.

James Comey

The former FBI director who refused to drop the investigation into Russian interference in the 2016 election and was later indicted by the DOJ.

Letitia James

The New York Attorney General who won a civil fraud case against Trump and the Trump Organization, and was later targeted for criminal investigation by the DOJ.

Steve Bannon

The former Trump adviser whose criminal conviction for contempt of Congress was recently erased by the DOJ.

Lindsey Halligan

The former insurance lawyer and White House aide who secured the indictment of James Comey, which a judge said appeared to misstate the law.

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What’s next

The next administration, whether Republican or Democrat, will need to take decisive steps to safeguard the DOJ's independence and integrity, including passing legislation to require courts to appoint independent legal advisers for grand juries and codifying the DOJ's prosecution principles into law.

The takeaway

The Trump administration's politicization of the DOJ has undermined public trust in the agency, and reforms are needed to prevent future presidents from abusing the department's power for partisan gain. Restoring the DOJ's independence is crucial to ensuring the fair and impartial administration of justice.