The Department of Justice (DOJ) is contemplating a shift in its approach to handling cases against public officials, potentially moving away from the centralized authority of the public integrity section (PIN).
This move is under consideration as part of a broader review of the Justice Manual's provisions relating to several sections of the department, according to a DOJ official. While the final decision regarding the PIN's role remains pending, the move has elicited mixed reactions from political law attorneys and former federal prosecutors.
"The point of the review is to ensure that equal responsibility is held in the field at U.S. Attorneys Offices as opposed to centralizing all authority in PIN," the official stated. This potential change was first reported by The Washington Post on May 17, suggesting that the DOJ might be considering the removal of a requirement for U.S. Attorneys to channel prosecutions of Congress members through PIN.
The PIN was established in the wake of the Watergate scandal in 1976, specifically to address allegations of misconduct against public officials.
The PIN's track record has been marked by several high-profile cases, some of which have ended in defeat. These include cases against former Democratic North Carolina Sen. John Edwards, former Republican Alaska Sen. Ted Stevens, and former Republican Gov. Bob McDonnell.
Notably, the case against Stevens, who was convicted on federal corruption charges in 2008, was later dismissed due to prosecutorial misconduct by federal prosecutors in Alaska, as reported by The New York Times.
The dismissal of Stevens' conviction led to criticism from then-Republican Senate minority leader Mitch McConnell, who lamented the political cost of the guilty verdict. "It literally cost us a seat," McConnell stated in April 2009. Brendan Sullivan, Stevens' defense attorney, refrained from commenting on the proposed changes to the PIN, but he did criticize the prosecutors in Stevens' case for their conduct.
The Supreme Court unanimously overturned McDonnells conviction in 2016, narrowing the scope of what can be prosecuted as public corruption. Chief Justice John Roberts, in his ruling, cautioned against the potential for the government's position to "cast a pall of potential prosecution over these relationships."
The DOJ also lost the case against Edwards, with the jury finding him not guilty on one count and deadlocking on five other campaign finance charges. George Holding, a federal prosecutor appointed by George W. Bush, continued to work on the Edwards case during the Obama administration, according to Politico.
Joseph Moreno, a former federal prosecutor, criticized the DOJ's centralized approach, arguing that cases could be "fully and capably handled by United States Attorneys offices in the field." He suggested that "Main Justice" should not act as an "administrative burden," and that public integrity cases should not be "quarterbacked by HQ every step of the way, from subpoena to investigation to trial."
The DOJ began discussions in March to downsize its public integrity section, reducing it from the 30 prosecutors who were part of the section at the end of the Biden administration, as per The Associated Press. This move followed the resignation of five attorneys from the section in February after they were instructed to drop corruption charges against Democratic New York City Mayor Eric Adams.
However, Chris Gober, CEO of Lex Politica, argued that it is "essential that the Justice Departments prosecutions of public officials be carried out with consistency and integrity nationwide." He warned against the potential for "rogue and overly partisan prosecutors" to misuse their powers for politically motivated charges.
In recent months, the DOJ has taken action against several public officials. Acting U.S. attorney for New Jersey Alina Habba announced charges against Democratic New Jersey Rep. LaMonica McIver for "assaulting, impeding and interfering with law enforcement."
Additionally, the FBI has reportedly opened a probe into Democratic New York Attorney General Letitia James over allegations of mortgage fraud. These actions underscore the ongoing role of the DOJ in holding public officials accountable, even as the department considers changes to its internal structures and processes.
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