Attorney General Robert H. Jackson’s classic 1940 speech “The Federal Prosecutor” has sparked a rift within the conservative legal community over the role of prosecutors in relation to politics and the rule of law.
In his speech, Mr. Jackson emphasized the crucial importance of shielding prosecutorial power from politics, stating that prosecutors have more control over life, liberty, and reputation than any other person in America. He argued that local prosecutors should generally have the last word, as they possess valuable knowledge about the facts of a case.
However, the Justice Department’s handling of the recent dismissal of charges against Mayor Adams has raised concerns among conservatives who cite Mr. Jackson’s speech as support for their views. In a letter accepting Ms. Sassoon’s resignation, AG Bove drew on Mr. Jackson’s words to argue that prosecutors must be subject to centralized control and exercise their authority in accordance with established principles.
In contrast, many others, including prominent conservative jurists and law professors, believe that Mr. Jackson would have been dismayed by the Justice Department’s actions. They argue that the speech emphasizes the need for caution and integrity in decision-making, rather than blind loyalty to a particular ideology or politician.
The controversy highlights the tension between the values of justice and politics in modern America, as well as the challenge of balancing personal conviction with institutional responsibility. As one law professor noted, “the need to put in writing that dropping the prosecution was not in exchange for ‘assistance on immigration enforcement,'” raises questions about the integrity of the Justice Department’s actions.
Source: https://www.nytimes.com/2025/02/14/us/politics/trump-prosecutors-law.html