Prosecutorial independence is only a norm

Updated: 2025.10.16 5D ago 2 sources
The article argues federal prosecutorial independence isn’t codified in law and can be overridden by presidential pressure. The Comey case—where a U.S. attorney resigned and a replacement filed charges at the statute‑of‑limitations deadline—shows how vulnerable this norm is to executive influence. — If prosecutorial independence rests on custom, not statute, a determined president can weaponize criminal law against opponents, signaling a need for legal safeguards.

Sources

Guilty Or Not, James Comey Is In Real Trouble
David Dennison 2025.10.16 80% relevant
The article claims a U.S. Attorney resigned under pressure for not charging a political target and was replaced by a loyalist (Lindsay Halligan) who filed a sparse, single‑signer indictment—illustrating how executive pressure and personnel moves can override the norm of arm’s‑length prosecution.
Against a Unitary Executive
Francis Fukuyama 2025.09.29 100% relevant
Trump’s push to indict James Comey led to the resignation of the EDVA U.S. attorney (Erik Siebert) and the appointment of Lindsey Halligan, who filed the charges.
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