The Law: Executive Power and Prosecution: Lessons from the Libby Trial and the U.S. Attorney Firings

The tensions between law and politics in the federal administration of justice are long-standing and rooted in the expectation that the Department of Justice acts as both a presidential policy agency and an impartial prosecutor of federal crime. The investigation and trial of I. Lewis Libby by a special counsel (2003-7) and the scandal over the firing of U.S. attorneys by the George W. Bush administration (2006-7) demonstrate the challenges faced in trying to strike a balance between democratic accountability and the impartial administration of justice. Congressional and public confidence in the impartiality of the attorney general is the most important factor in managing these ever-present tensions.