Attorney General Jeff Sessions’ firing on Wednesday represents two intentions on the part of President Trump.
First, Trump wants to secure greater personal rapport with the nation’s chief judicial officer, now Acting Attorney General Matthew Whitaker. Second, the president wants to influence the Justice Department towards wrapping up Special Counsel Robert Mueller’s investigation into possible Trump campaign collusion with Russia, and possible obstruction of justice over the firing of former FBI Director Jim Comey. But while the more casual Whitaker will be able to forge a better relationship with Trump than his stoic former boss, Sessions, Whitaker must resist Trump’s worse impulses.
For a start, Whitaker should ensure that Mueller’s investigation remains insulated under the orbit of Deputy Attorney General Rod Rosenstein (sadly, reports are already saying the Russia probe will come under Whitaker’s oversight). This is necessary not because Whitaker can’t necessarily be trusted to oversee the Mueller investigation, but so as to preserve the independence of the Justice Department. This necessity as is central to our democracy as the Constitution itself. It must not be compromised simply because Trump would have it so.
Second, Whitaker must energize efforts towards three key Trump administration criminal justice priorities. He should begin with increasing federal support for counter-cartel operations in Latin America and against gangs like MS-13 on U.S. soil. Such activity is crucial both to the security of lower-income neighborhoods and as part of a broader effort to reduce migrant flows approaching U.S. territory. Next, Whitaker should engage with the administration on that which his predecessor obstructed: criminal justice reform. The federal court system continues to send far too many individuals to prison for far too long and with far too little rehabilitative measures to reduce recidivism. A major reform effort here would find congressional sympathy while saving taxpayer money. More importantly, it would strengthen families and society at large. It would also offer the Trump administration a landmark opportunity to render reality unto Trump’s offering of bipartisan cooperation with the new Democratic-held House of Representatives.
Ultimately, however, Whitaker’s task is clear: He must protect the independence of his agency while strengthening its connectivity to the president. If he can balance those two interests, Whitaker will be doing the nation and the president a great service — he’ll deserve a nomination to permanently assume his office.
