Sarah Huckabee Sanders’s deeply disturbing prosecution from the briefing room
[Commentary] During her news briefings the week of Sept 11, White House press secretary Sarah Huckabee Sanders has repeatedly suggested that former FBI director James B. Comey may have broken the law and should be investigated. To be clear, this “prosecution from the lectern” is not illegal. It’s probably a sign of the times that it doesn’t even seem particularly surprising. But it should be deeply disturbing.
The president, of course, is the head of the executive branch and the attorney general’s boss. But when it comes to criminal prosecution, there is a long-standing norm of Justice Department independence. Presidents typically don’t interfere with or comment on criminal investigations. This norm is central to our commitment to the rule of law. It reduces the danger that criminal prosecution may be used for political ends. Presidents typically avoid even the appearance of using the justice system to punish political foes or help political allies. That’s banana-republic stuff — it’s not supposed to happen here. Sanders’s accusations from the lectern are simply one symptom of a much larger problem. Anyone who cares about the integrity of the criminal justice system has reason to be concerned by the behavior of this administration.
[Randall D. Eliason teaches white-collar criminal law at George Washington University Law School.]
Sarah Huckabee Sanders’s deeply disturbing prosecution from the briefing room