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In recent years, the @TheJusticeDept put in place reforms to ensure that unelected DOJ lawyers could not substitute their policy views for those of elected officials & otherwise subvert the Constitution's democratic process
Reforms included:
1) a ban on using settlements to force defendants to pay 3rd parties unrelated to the lawsuit--an unlawful end-run on the appropriations process & historically a slush fund for DOJ political appointees to dole out $$ to favored interests in both D and R admins
1) a ban on using settlements to force defendants to pay 3rd parties unrelated to the lawsuit--an unlawful end-run on the appropriations process & historically a slush fund for DOJ political appointees to dole out $$ to favored interests in both D and R admins
2) a ban on enforcement of so-called agency "guidance documents"--an unlawful end-run around the rulemaking process required by law & historically a way to force policies upon the American people that couldn't get support in Congress
3) sensible guardrails around the approval and use of federal consent decrees and monitors--which often displace the authority of local governments and go beyond what federal law permits or requires
Reports are surfacing that the Biden DOJ is already looking to rescind some of these reforms https://www.law360.com/articles/1346996
That would be a huge mistake & lead DOJ back to lawlessness. These policies were rooted in the rule of law & in ensuring that DOJ officials don't have unbridled discretion to use their awesome prosecutorial powers to create policy that should be subject to the lawmaking process.
At the confirmation hearings of Merrick Garland, @LisaMonaco, and @vanitaguptaCR, senators should demand that each nominee commit to keeping these reforms in place. After all, it's the Senate's power that DOJ is intruding upon when it takes these unlawful actions.
