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Lawfare Archive: Preserving Justice Department Independence

The Lawfare Podcast

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The Importance of Separation Between the White House and the Justice Department

There's a sense in which the president really has extraordinary authority. He can't order the Justice Department to do something unlawful, that would violate his take care obligation. However, ever since Watergate there are these norms that have developed between the White House and the Justice Department. They're not required by law, I don't believe, but they've taken on an extraordinary power.

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