The DOJ Has Always Been Politicized: Biden Isn’t the First, and Trump Won’t Be the Last
The Department of Justice is supposed to be the nation’s neutral enforcer of the law, standing as a bulwark against corruption and chaos. But let’s be honest: the DOJ has always been politicized, subtly or flagrantly, serving as a tool in the hands of the powerful. Joe Biden’s DOJ, accused by Republicans of targeting Donald Trump, isn’t the first administration to wield the department in politically consequential ways, including pardoning his son Hunter Biden. And unless we have a collective reckoning, Trump won’t be the last to exploit it.
The mythology of the DOJ as an apolitical institution is comforting but false. It allows us to avoid asking hard questions about accountability and power. The truth is that since its inception, the DOJ has served political ends, often at the expense of the vulnerable. Whether it was J. Edgar Hoover’s FBI targeting civil rights leaders like Martin Luther King Jr. or the department turning a blind eye to Jim Crow-era atrocities, the DOJ has frequently been more aligned with preserving the status quo than with justice.
Politicization Isn’t New
Let’s go back to the Nixon administration when the DOJ’s complicity in political gamesmanship became glaringly obvious. Nixon’s Attorney General, John Mitchell, was a key figure in the Watergate scandal, using the department to protect the president’s interests rather than uphold the law. Sound familiar?
Fast forward to the Reagan years, and we see the DOJ’s role in the Iran-Contra scandal, where officials prioritized loyalty to the administration over legality. Under George W. Bush, the DOJ was embroiled in controversies over politically motivated firings of U.S. attorneys and the legal justifications for torture.
Even under ostensibly progressive administrations, the DOJ has not been immune to criticism. President Obama’s Attorney General, Eric Holder, was accused of dragging his feet on prosecuting Wall Street executives after the 2008 financial crisis. While Holder argued for a measured approach, critics saw it as a sign of deference to powerful interests.
Enter Trump
Donald Trump, however, took the politicization of the DOJ to an unprecedented level, openly treating the department as his personal legal defense team. His public demands for investigations into political opponents, his complaints about the lack of loyalty from his appointees, and his firing of officials who refused to toe the line shattered any pretense of neutrality.
The infamous call with Ukrainian President Volodymyr Zelensky — where Trump dangled military aid in exchange for dirt on Joe Biden — wasn’t just an abuse of power; it was a neon sign flashing the message: “The DOJ is mine.” Bill Barr, Trump’s Attorney General, acted less like the nation’s top law enforcement official and more like a consigliere, spinning the findings of the Mueller report and intervening in cases involving Trump allies like Roger Stone.
Biden’s Turn
Once Joe Biden arrived in the Oval Office, Republicans cried foul, accusing his DOJ of conducting politically motivated investigations into Trump. The hue and cry is getting louder with Biden’s pardon of his son. This is rich coming from a party that cheered Trump’s blatant misuse of the department. But let’s not let Democrats off the hook, either. While Merrick Garland has taken pains to restore a semblance of independence, the perception of politicization persists, and the pardoning of Hunter Biden, while fair, given how these crimes are usually punished, doesn’t help.
The investigations into Trump — whether related to January 6th, classified documents, or financial misconduct — are necessary and justified. Yet they have been weaponized by Trump himself, who uses them to rally his base with cries of “witch hunt” and “deep state.” The irony is that Trump’s attacks on the DOJ are not so much about its actions but the department's failure to function as his shield.
Why This Matters
The DOJ’s politicization isn’t just a matter of history or partisanship; it threatens democracy. Trust erodes when the public sees the department as an extension of political power rather than a defender of the law. This erosion is precisely what autocrats and demagogues like Trump exploit.
To be clear, the answer isn’t to pretend that the DOJ can ever be completely apolitical. No institution can. Instead, we need to acknowledge the inherent tension between the DOJ’s dual roles: as a law enforcement body and as part of the executive branch. This duality means that while the DOJ must execute the president’s priorities, it must also act independently to enforce the law fairly.
This requires structural reforms, such as stronger protections for DOJ independence, clearer guidelines for appointing and removing U.S. attorneys, and greater oversight by Congress. It also requires a cultural shift, where leaders prioritize transparency and accountability over short-term political gains.
Trump Won’t Be the Last
If we don’t take these steps, Trump will be just one more chapter in a long saga of DOJ politicization. As Trump returns to power, we can expect the DOJ to be weaponized in ways that will make Biden’s controversies seem quaint.
The DOJ’s history shows us that politicization isn’t an anomaly; it’s a feature of our system. But history also shows us that reform is possible. After Nixon, we got the Ethics in Government Act, which created the office of the independent counsel. With Trump, we must demand Congress provide even stronger safeguards.
