Berl Falbaum
In 1961, President John F. Kennedy appointed his brother, Bobby, to the post of U.S. Attorney General.
Not only was it blatant nepotism, but it tainted the objectivity so desperately needed in that office. Bobby would never have investigated his brother or refused to carry out the policies, instructions, and objectives of JFK.
Critics (this one included) called for amending the appointment process to protect complete independence of the attorney general. It is, arguably, the most important position in the administration, given its responsibility to uphold the rule of law. The individual holding that post should not feel beholden to the president or Congress — or anyone.
At the time of Bobby’s appointment, I argued that constitutional scholars could develop an appointment procedure that avoids creating public distrust and suspicion, one that insulates an attorney general from political pressure.
Perhaps a president appoints a special commission that would nominate a candidate and then send its choice to Congress where — in secret — the candidate is approved or rejected. Secrecy would guarantee that the individual would not know who voted for or against the nomination. Or the commission’s choice could be final not needing congressional approval. Of course, the commission would also have the power to remove the attorney general for malpractice.
Change never came but, fortunately, in the ensuring years, despite the flawed procedure, that institution generally held firm to the rule of law.
Now, however, we are paying the price for failing to improve the appointment process and the attorney general’s independence is severely endangered.
There can be little doubt that whoever is nominated by President-elect Donald Trump, a corrupt man who will expect his appointee to show absolute loyalty and carry out his goals of “retribution” — his words — will tarnish the office as never before.
Trump’s first choice, Rep. Matt Gaetz, of Florida, had to withdraw from consideration given controversies over alleged sex trafficking and drug use.
Before you cheer, consider Trump’s follow-up nominee Pam Bondi, former Florida Attorney General and someone who is joined at the hip with Trump.
Bondi served as one of Trump’s defense attorneys during his first impeachment trial. She also is an election denier, having claimed the 2020 election was “rigged” in Pennsylvania. She charged fraud even before all the votes were counted.
She also acted as a surrogate on the 2024 campaign trail and led the legal arm of the America First Policy Institute, a right-wing think tank aligned with Trump.
And that’s not all.
During the 2016 campaign, Trump’s Foundation sent a $25,000 donation to Bondi’s fund-raising committee four days after her office was considering an investigation into Trump University. An investigation was never undertaken and all parties denied a quid quo pro.
The donation was discovered in the final weeks of the 2016 presidential race after Trump’s campaign confirmed that the then-Republican nominee paid a $2,500 fine for the donation after an ethics group complained it was not disclosed to tax officials.
“While there was never an investigation, staff, doing due diligence, reviewed the complaints and the New York litigation and made the proper determination that the New York litigation would provide relief to aggrieved consumers nationwide,” a Bondi spokesperson said at the time.
A look back: We should not forget that we faced the Trump threat of undermining the integrity of the AG office just before he left office in January 2021.
As reported in several stories, Trump was considering firing Jeffrey A. Rosen, the acting attorney general, because Rosen refused to pressure Georgia lawmakers to overturn the 2020 election results in that state.
According to the reports, Trump had his eye on someone who would do his bidding: Jeffrey Clark, an assistant attorney general. Under the plan,
Rosen would be fired and Clark would be appointed to the top position.
Why did the “coup” fail? All the lawyers in the department threatened to resign if Trump appointed Clark. Who knows what would have happened had Trump been successful. We might well have lost our democracy.
It was heartening to discover that we had highly principled people, men and women, who stood firm. In these divisive and cynical times, their display on uncompromising integrity and commitment to the rule of law is now a rarity in our politics.
The last time we were experienced such political fortitude and courage was in October 1973 when Attorney General Elliot Richardson and his deputy, William Ruckelshaus, resigned rather than obey President Nixon’s order to fire the Watergate Special Prosecutor Archibald Cox.
We will not be so fortunate this time. Even if Bondi is not confirmed by the Senate, ultimately the president will get a loyalist for the AG post. The Senate cannot reject Trump’s nominees indefinitely.
The issue of the appointment process for AG is moot now. It is too late to alter the nomination and confirmation process.
We have been lucky through the years. Now, sadly, our entire constitutional justice system faces a perilous future.
Through the years, the attorney general was the fox watching the hen house. Now the fox will sit in the White House.
Not only was it blatant nepotism, but it tainted the objectivity so desperately needed in that office. Bobby would never have investigated his brother or refused to carry out the policies, instructions, and objectives of JFK.
Critics (this one included) called for amending the appointment process to protect complete independence of the attorney general. It is, arguably, the most important position in the administration, given its responsibility to uphold the rule of law. The individual holding that post should not feel beholden to the president or Congress — or anyone.
At the time of Bobby’s appointment, I argued that constitutional scholars could develop an appointment procedure that avoids creating public distrust and suspicion, one that insulates an attorney general from political pressure.
Perhaps a president appoints a special commission that would nominate a candidate and then send its choice to Congress where — in secret — the candidate is approved or rejected. Secrecy would guarantee that the individual would not know who voted for or against the nomination. Or the commission’s choice could be final not needing congressional approval. Of course, the commission would also have the power to remove the attorney general for malpractice.
Change never came but, fortunately, in the ensuring years, despite the flawed procedure, that institution generally held firm to the rule of law.
Now, however, we are paying the price for failing to improve the appointment process and the attorney general’s independence is severely endangered.
There can be little doubt that whoever is nominated by President-elect Donald Trump, a corrupt man who will expect his appointee to show absolute loyalty and carry out his goals of “retribution” — his words — will tarnish the office as never before.
Trump’s first choice, Rep. Matt Gaetz, of Florida, had to withdraw from consideration given controversies over alleged sex trafficking and drug use.
Before you cheer, consider Trump’s follow-up nominee Pam Bondi, former Florida Attorney General and someone who is joined at the hip with Trump.
Bondi served as one of Trump’s defense attorneys during his first impeachment trial. She also is an election denier, having claimed the 2020 election was “rigged” in Pennsylvania. She charged fraud even before all the votes were counted.
She also acted as a surrogate on the 2024 campaign trail and led the legal arm of the America First Policy Institute, a right-wing think tank aligned with Trump.
And that’s not all.
During the 2016 campaign, Trump’s Foundation sent a $25,000 donation to Bondi’s fund-raising committee four days after her office was considering an investigation into Trump University. An investigation was never undertaken and all parties denied a quid quo pro.
The donation was discovered in the final weeks of the 2016 presidential race after Trump’s campaign confirmed that the then-Republican nominee paid a $2,500 fine for the donation after an ethics group complained it was not disclosed to tax officials.
“While there was never an investigation, staff, doing due diligence, reviewed the complaints and the New York litigation and made the proper determination that the New York litigation would provide relief to aggrieved consumers nationwide,” a Bondi spokesperson said at the time.
A look back: We should not forget that we faced the Trump threat of undermining the integrity of the AG office just before he left office in January 2021.
As reported in several stories, Trump was considering firing Jeffrey A. Rosen, the acting attorney general, because Rosen refused to pressure Georgia lawmakers to overturn the 2020 election results in that state.
According to the reports, Trump had his eye on someone who would do his bidding: Jeffrey Clark, an assistant attorney general. Under the plan,
Rosen would be fired and Clark would be appointed to the top position.
Why did the “coup” fail? All the lawyers in the department threatened to resign if Trump appointed Clark. Who knows what would have happened had Trump been successful. We might well have lost our democracy.
It was heartening to discover that we had highly principled people, men and women, who stood firm. In these divisive and cynical times, their display on uncompromising integrity and commitment to the rule of law is now a rarity in our politics.
The last time we were experienced such political fortitude and courage was in October 1973 when Attorney General Elliot Richardson and his deputy, William Ruckelshaus, resigned rather than obey President Nixon’s order to fire the Watergate Special Prosecutor Archibald Cox.
We will not be so fortunate this time. Even if Bondi is not confirmed by the Senate, ultimately the president will get a loyalist for the AG post. The Senate cannot reject Trump’s nominees indefinitely.
The issue of the appointment process for AG is moot now. It is too late to alter the nomination and confirmation process.
We have been lucky through the years. Now, sadly, our entire constitutional justice system faces a perilous future.
Through the years, the attorney general was the fox watching the hen house. Now the fox will sit in the White House.
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