Fresh Air Implications Of The DOJ Targeting The President’s Critics
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Oct 1, 2025 
Barbara McQuade, a former U.S. attorney and current professor at the University of Michigan Law School, dives into the implications of the DOJ's actions against political figures like James Comey. She discusses how these moves threaten the integrity of the rule of law and the norms prohibiting partisan prosecutions. McQuade critiques the Comey indictment process and highlights the risks of politicizing legal actions. With insights on the fallout from Trump's tactics on DOJ operations, she underscores the importance of maintaining prosecutorial independence.
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Partisan Charging Breaks Longstanding DOJ Norms
- DOJ policy forbids considering partisan politics when charging someone and has been a post-Watergate norm.
- Using prosecutions against political opponents flips that norm and damages trust in the justice system.
Predication Protects Against Fishing Expeditions
- Predication requires a factual allegation before opening an FBI investigation under the DIOG.
- Targeting a person and then digging for crimes reverses the prosecutor's role and risks weaponization.
Process Failures Undermine High-Profile Indictment
- The Comey indictment shows alarming process issues: loyalists replacing career prosecutors and a political appointee handling grand jury presentation alone.
- Those deviations raise doubts about the case's competence and motive.
