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The DOJ Said It Would End Two-Tier Justice. Then It Built One.

Resist Now 2 min read
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“This Department will not tolerate a two-tiered system of justice.” Acting Attorney General Todd Blanche said this while the DOJ was simultaneously dropping cases against allies and opening investigations into opponents.

What the DOJ Has Done

Protect Democracy tracks retaliatory uses of federal power under the current administration. The pattern:

For allies: The DOJ dropped the prosecution of New York Mayor Eric Adams, citing concerns the case “interfered with his ability to govern.” The memo did not assess the strength of the evidence. 1,600 January 6 defendants were pardoned. A $1.776 billion fund was created to compensate them.

For opponents: Investigations were opened into former Federal Reserve Chair Jerome Powell, former VP candidate Tim Walz, and multiple Democratic officials. Mortgage fraud investigations targeting Adam Schiff and Letitia James are themselves reportedly under investigation for potential misconduct.

How the Guardrails Were Removed

Stanford Law School documented the dismantling of DOJ independence safeguards. The administration appointed an attorney general with no prior DOJ experience, filled senior positions with political allies, abandoned the practice of appointing special counsels for sensitive matters, and permitted direct White House pressure on specific prosecution decisions.

The SEC enforcement chief resigned after appointees blocked cases tied to Trump allies. A DOJ official shut down crypto enforcement while holding $150,000 in crypto investments.

The Weaponization Claim

The DOJ published a report accusing the Biden administration of “weaponized” prosecution of anti-abortion activists. This report was released while the current DOJ was dropping cases against political friends and opening investigations against political opponents. Vanderbilt Law School analyzed the structural changes and concluded the current pattern represents a more systematic politicization than any prior administration.

What you can do

  1. Demand equal enforcement regardless of political connection. Contact your representative and senators to oppose any DOJ nominee or appointee who has participated in politically selective prosecution.
  2. Follow the tracker at Protect Democracy for ongoing documentation.
  3. Support the Inspector General Independence Act. IGs are the internal watchdogs who can investigate DOJ misconduct. Legislation to protect IGs from political firing passed with bipartisan support in prior sessions but has stalled. Call your senators at (202) 224-3121 and ask them to co-sponsor it.

Sources

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