The Law: “Witch Hunts” and the Rule of Law: Trump, the Special Counsel, and the Department of Justice

Abstract

This article summarizes the previous behavior of presidents subjected to independent counsel investigations, and compares President Donald Trump's behavior to theirs. It concludes that while Trump's behavior is part of a larger pattern of presidential use of various executive prerogatives to try to counteract independent counsels, it departs from that pattern in several distinct ways. I conclude that several developments in the broader political environment over the last several decades have contributed to his distinctive behavior, including the highly fragmented media market, the degree of partisan polarization in the electorate, the conservative populist distrust of federal law enforcement, and the mainstreaming of the unitary executive theory in the courts and executive branch.