The Department of Justice Then and Now

Presidents have long pursued policy prerogatives through the Department of Justice, but traditionally, there’s been a clear division between those and the Justice Department’s enforcement decisions. On March 5, 2025, the NYU Law Forum and the Reiss Center on Law and Security at NYU School of Law co-hosted an all-star panel of experts who have served in senior positions at the White House and in the Department of Justice to assess the degree to which the division between the President and the Justice Department has now changed. Among the topics they discussed are: What is the origin of and reason for the Justice Department’s measure of independence? How has this independence worked given the Justice Department’s mix of political and career employees, and how is the current administration observing those lines?  The expert panel consisted of Vanita Gupta, a Distinguished Scholar in Residence at NYU School of Law and the former Associate Attorney General of the United States; Lisa Monaco, a Distinguished Scholar in Residence at the Reiss Center on Law and Security and the former Deputy Attorney General of the United States; and Breon Peace, the former United States Attorney for the Eastern District of New York.  Trevor Morrison, a former Associate White House Counsel, the Dean Emeritus, Eric M. and Laurie B. Roth Professor of Law, and a Faculty Co-Director of the Reiss Center on Law and Security, moderated the discussion.  Show Notes: Vanita GuptaLisa MonacoTrevor Morrison (Bluesky)Breon PeaceJust Security’s coverage of the Department of JusticeJust Security’s coverage of the Trump administration’s executive actions Music: “Broken” by David Bullard from Uppbeat: https://uppbeat.io/t/david-bullard/broken (License code: OSC7K3LCPSGXISVI)