Former President Donald Trump has intensified his rhetoric, vowing to prosecute political opponents and others he deems "corrupt" if he wins the 2024 election.
According to NBC News, Trump's recent statements indicate a growing focus on using the Department of Justice to target his perceived enemies.
This escalating rhetoric has caught the attention of legal scholars, who note that while challenges exist, a new Supreme Court ruling on presidential immunity might create a pathway for a sitting president to initiate prosecutions without personal legal repercussions.
Trump's recent book release included a threat to jail Mark Zuckerberg, accusing the Facebook founder of attempting to influence the 2020 election. Without providing evidence, Trump warned of potential long-term prison sentences for Zuckerberg and others he believes might interfere in the 2024 election.
At a recent rally, Trump promised to address corruption in health agencies like the FDA and CDC. He later expanded on this in a social media post, threatening to prosecute election clerks, campaign donors, and others involved in what he claims is election fraud.
Trump has also shared AI-generated images depicting his political opponents, including Joe Biden, Kamala Harris, and Nancy Pelosi, in prison uniforms. These posts suggest a broader list of potential targets for prosecution under a second Trump administration.
The Justice Department has traditionally maintained independence from the president regarding specific criminal investigations, a norm established after the Watergate scandal. This tradition, however, is not codified in law, leaving room for potential changes under a future administration.
Some conservative lawyers associated with Trump have argued for greater presidential authority over the attorney general's decision-making in individual cases. Jeffrey Clark, a former DOJ official who Trump considered installing as acting attorney general after the 2020 election, has written that the president holds complete executive power over the Justice Department.
Another Trump ally, Mike Davis, has promoted the idea of relying on an acting attorney general to more efficiently act on Trump's wishes. Davis suggested that a second-term Trump DOJ could quickly convene grand juries and seek indictments against perceived opponents.
Stephen Richer, a Republican election official in Arizona, expressed concern that a second Trump administration might retaliate against local election officials who do not support Trump's fraud claims. He warned of potential appointments of professionals willing to bend ethical and legal standards.
Legal experts and law enforcement officials suggest that Trump's threats could have a chilling effect on election officials, potentially causing hesitation in challenging fraud claims. Some warn that this could be seen as a form of intimidation.
While career FBI and DOJ officials would likely resist unwarranted investigations, there is concern that partisan political appointees could pressure civil servants to carry out Trump's orders. Some conservative groups have called for replacing career officials with political appointees more aligned with Trump's agenda.
Trump's recent statements have raised concerns about the potential use of the Justice Department for political purposes. His threats to prosecute opponents and claims of widespread corruption have implications for the independence of law enforcement agencies and the integrity of the electoral process. The coming months may reveal more about Trump's plans and their potential impact on the U.S. legal and political landscape.