Influencing from Inside: The Politicization of the U.S. Department of Justice

Interim U.S. Attorney Ed Martin has demoted several senior federal prosecutors involved in high-profile cases related to the January 6th Capitol riots. These prosecutors–including John Crabb and Elizabeth Aloi, responsible for prosecuting Steve Bannon and Peter Navarro–had been involved in high-profile cases connected to the initial Trump administration. Their demotions led to their reassignment to misdemeanor offenses in D.C. Superior Court. The dismissal is a significant step-down, with many junior prosecutors beginning in the D.C. Superior Court before moving up. The move's implications are clear: these changes undermine the work done on the January 6th investigations. Experts are considering this move to be a retaliatory attack against those who prosecuted Trump allies [1]. This politicization threatens the justice system's integrity, as prosecutorial influence is used as a weapon. One anonymous DOJ official described Martin’s move as “meant to get them to quit,” as these demotions have led to prosecutors threatening resignation [2].

The demotion of these prosecutors is not a singularity but part of a more significant historical trend of political interference in the justice system overall. In 2006, the Bush administration’s Department of Justice ordered the dismissal of seven U.S. attorneys. An investigation revealed that “the process the Department used to select the U.S. Attorneys for removal was fundamentally flawed, and the oversight and implementation of the removal process by the Department’s most senior leaders was seriously lacking” [3]. The follow-up statements after the removals by the Attorney General and other Department officials were also inconsistent and inaccurate, with significant evidence found that “political partisan considerations were an important factor in the removal of several of the U.S. Attorneys” [4]. Another instance is found in a 2008 investigation of politicized hiring and improper personnel actions within the Civil Rights Division of the Department of Justice. The findings summarized that officials had “considered political and ideological affiliations in hiring career attorneys and in other personnel actions affecting career attorneys in the Civil Rights Division” [5]. Officials were found to have favored candidates who leaned conservative over candidates who leaned liberal.

This trend has a marked impact on the justice system, with a loss of trust resulting from politically motivated prosecutorial decisions. Public confidence weakens as lengthy investigations are reported in the media and facts are misconstrued–something that is incredibly dangerous, especially in this political climate. Beyond this, prosecutors also might take a step back, choosing to avoid pursuing cases that involve political figures in fear of the repercussions–a direct miscarriage of justice. If political motivations continue to dictate hiring (and firing), it undermines our legal system, creating a cycle where certain groups are favored over others. The DOJ Inspector General report explained how this practice of politically motivated hiring ruined the overall mission of the Civil Rights Division [6]. With Martin’s recent actions, it seems that history is choosing to repeat itself, and the repercussions are sure to follow.

Sources:

1. ​Kyle Cheney & Josh Gerstein, DOJ Demotes Top Prosecutors of Jan. 6 Defendants, Trump Allies, Politico (Feb. 28, 2025), https://www.politico.com/news/2025/02/28/doj-demotions-prosecutors-trump-00206762.​
2. Kara Scannell, Trump-Appointed U.S. Attorney Demotes Prosecutors Who Handled January 6 Cases, CNN (Feb. 28, 2025), https://www.cnn.com/2025/02/28/politics/federal-prosecutors-january-6-demoted/index.html.​
3. U.S. Dep’t of Just., Off. of the Inspector Gen., An Investigation of Allegations of Politicized Hiring and Other Improper Personnel Actions in the Civil Rights Division (2008), https://oig.justice.gov/sites/default/files/archive/special/s0809a/index.htm.
4. Id
5. U.S. Dep’t of Just., Off. of Prof’l Responsibility, Investigation of Allegations of Politicized Hiring in the Department of Justice (2019), https://www.justice.gov/opr/page/file/1206591/dl?inline.
6. Id