Donald Trump’s politicization of the Justice Department hurts faith in rule of law when it is sorely needed. Film producer Harvey Weinstein has been investigated before for sexual abuse, and now, with many more allegations coming out publicly, it is likely that he might have faced serious investigations under any administration.
Yet the appearance of conflict-of-interest and the demonstrated intent of applying law politically casts an inescapable lack of confidence under anything the Justice Department does now. The admissions by Trump that he made explicit political calculations when staffing the Department of Justice and pressured the DOJ to investigate his enemies (Trump says he wouldn’t have picked Sessions if he knew he’d recuse himself, After attacking AG Jeff Sessions for failing to investigate Hillary Clinton, Trump won’t say if he will fire him, Comey documented Trump request to drop Flynn investigation in memo) imply that he would use, or try to use, his power to attack any political enemy he can.
Now it is reported in the Daily Mail that the FBI is opening up an investigation into Weinstein at the behest of the DOJ (although “it is unknown whether the DOJ order came directly from Sessions”). There’s a 90 percent chance that this is justified entirely on the facts of the case. In almost any other administration, there would be closer to 99 percent confidence.
We know how Trump responds to crimes committed by his political allies: he pardons them.