By American Bar Association
The American Bar Association is deeply concerned about the increasing use of federal prosecutorial power for apparent partisan political ends. A recent pattern of indictments against elected and appointed officials appears to represent a disturbing shift away from independent evidence-based decision-making and toward politically motivated retribution. Such actions constitute an affront to the rule of law and have the potential to degrade the credibility of the Department of Justice in the eyes of the American public.
The American justice system is founded on the principle that prosecutorial decisions must be made independently, without regard to political fear or favor. Since post-Watergate reforms, DOJ leadership across administrations has adhered to this norm. When the department's independence is undermined — especially by purging career prosecutors or fast-tracking cases lacking sufficient evidence — the public loses trust in the fairness and impartiality of the legal system.
It is antithetical to the rule of law for a government to begin with the intent to indict an individual and then search for a purported crime to justify that outcome. Such an approach subverts the foundational legal principle that investigations should be guided by evidence of wrongdoing, not by personal animus. The government must have credible evidence of a specific crime before launching an investigation. To reverse the process by targeting a person first and then combing through their life in search of a potential charge runs counter to bedrock rule-of-law principles. Laws and the justice system should not be wielded as weapons against enemies but should stand as protection for all.
The ABA has long maintained that political interference in the prosecutorial process is corrosive. As stated in ABA policy adopted more than a decade ago, decisions by DOJ attorneys must be based on facts and the law, not ideology or any president’s preferences.
The rule of law cannot survive if the power to prosecute is perceived as a weapon against political enemies.
The ABA will continue to advocate for a justice system that prioritizes fairness, impartiality, integrity and the rule of law.
(https://www.americanbar.org/news/abanews/aba-news-archives/2025/10/independence-and-evidence-must-drive-federal-prosecutorial-actions/)
The American Bar Association is deeply concerned about the increasing use of federal prosecutorial power for apparent partisan political ends. A recent pattern of indictments against elected and appointed officials appears to represent a disturbing shift away from independent evidence-based decision-making and toward politically motivated retribution. Such actions constitute an affront to the rule of law and have the potential to degrade the credibility of the Department of Justice in the eyes of the American public.
The American justice system is founded on the principle that prosecutorial decisions must be made independently, without regard to political fear or favor. Since post-Watergate reforms, DOJ leadership across administrations has adhered to this norm. When the department's independence is undermined — especially by purging career prosecutors or fast-tracking cases lacking sufficient evidence — the public loses trust in the fairness and impartiality of the legal system.
It is antithetical to the rule of law for a government to begin with the intent to indict an individual and then search for a purported crime to justify that outcome. Such an approach subverts the foundational legal principle that investigations should be guided by evidence of wrongdoing, not by personal animus. The government must have credible evidence of a specific crime before launching an investigation. To reverse the process by targeting a person first and then combing through their life in search of a potential charge runs counter to bedrock rule-of-law principles. Laws and the justice system should not be wielded as weapons against enemies but should stand as protection for all.
The ABA has long maintained that political interference in the prosecutorial process is corrosive. As stated in ABA policy adopted more than a decade ago, decisions by DOJ attorneys must be based on facts and the law, not ideology or any president’s preferences.
The rule of law cannot survive if the power to prosecute is perceived as a weapon against political enemies.
The ABA will continue to advocate for a justice system that prioritizes fairness, impartiality, integrity and the rule of law.
(https://www.americanbar.org/news/abanews/aba-news-archives/2025/10/independence-and-evidence-must-drive-federal-prosecutorial-actions/)
