Preventing Misconduct in the Department of Justice One of the major issues that emerged from the Trump Administration was the politicization of the United States Department of Justice (DOJ). Prior to the Trump Administration, prosecutorial independence had developed as norm with DOJ and served as a check on presidential power. However, a report issued by the Center for Ethics and the Rule of Law, affiliated with the University of Pennsylvania’s School of Law and the Center, and the Citizens for Responsibility and Ethics in October 2020, accused Attorney General William Barr of misusing his office to further the partisan political goals of President Trump.[1] Following is a list of a number of actions during Barr’s tenure as Attorney General that called into question the independence of DOJ. Barr’s misleading commentary on the content of the Mueller Report. Barr’s decision to dismiss independent federal employees such as Inspector Generals and U.S. Attorneys who made decisions contrary to the interests of the Trump Administration. AG Barr’s intervention into the sentencing of Trump allies Michael Flynn and Roger Stone who had been convicted of felonies related to the Russian investigation following the 2016 presidential election. Numerous Incidents in which AG Barr used the DOJ to protect the legal and political interests of the president. Finally, the AG’s use of federal emergency powers to respond to Black Lives Matter protesters in Portland, Oregon and Washington, D.C. In his confirmation hearings before the Senate Judiciary Committee, President Biden’s selection to be the next Attorney General, Merrick Garland, pledged to restore the independence of Justice Department if he is confirmed as the next Attorney General of the United States. Under questioning by senators, Judge Garland, who presently serves as the chief judge of Court of Appeals for the District of Columbia and was formerly nominated by President Obama for a position of the U.S. Supreme following the death of Justice Scalia in 2015 (but never received a hearing in the Senate), pledged to restore the department’s commitment to equal justice under the law. With this as background, what are your thoughts about DOJ undertaking one or more of the following actions once Garland is confirmed? 1. Should the Biden Administration’s Department of Justice (DOJ) issue a regulation stating that no member of the presidential administration can obstruct or unduly influence a DOJ investigation or prosecutorial recommendation for any reason? 2. Should DOJ promulgate a regulation requiring the department to explain any changes regarding its policy position on a significant legal issue to Congress? 3. Should DOJ issue a regulation giving the department’s Inspector General the power to investigate and refer allegations of improper conduct for prosecution? 4. Should Congress clarify this matter by enacting legislation compels the Department of Justice and the Attorney General to following the “rule of law,” and not the wishes of the president? Purpose of the Reading Prompt The purpose of the discussion forum is to have you engage in a dialogue with other students in the class on a topic dealing with a legal or ethical issue facing public and/or nonprofit administrators. Your participation in the reading prompt exercise will be assessed on the following criteria: (1) a demonstration that you have read and understand the material, (2) the quality of the writing, including whether the ideas are well-developed and well-organized, (3) whether all the questions have been adequately addressed, and (4) the quality of the interaction (both substantively and professionally) between you and your colleagues. The discussion forum exercise will take place in the Discussion Forum section of Saki. Directions Initial responses to the questions should be approximately 1/2 page to 1 page. Full credit for the reading prompt/ exercise will be given if you post a well-reasoned and well-organized response to the question(s) asked.