Prosecutorial independence is the expectation that federal prosecutors decide whether to charge, whom to charge, and what penalties to seek based on facts and legal standards — not on instructions from the White House or other political actors. The Department of Justice operates within the executive branch, but a longstanding norm separates individual case decisions from political influence.
This norm isn't written into the Constitution. The president has Article II authority to supervise all executive agencies, including the DOJ. But after the Watergate scandal in the 1970s, reforms established stronger institutional barriers between the White House and federal prosecutions. DOJ's Principles of Federal Prosecution set internal guidelines requiring prosecutors to make decisions based on evidence strength, the seriousness of the offense, and the interests of justice.
The tension is structural: the president runs the executive branch but isn't supposed to direct individual prosecutions. When that boundary weakens, the justice system risks becoming a tool of political power rather than a check on it.
When prosecutors answer to political leaders rather than following the evidence, enforcement becomes selective — targeting opponents and protecting allies. Prosecutorial independence is what stands between a justice system that applies the law equally and one that serves whoever holds power.
People often assume prosecutorial independence is a constitutional requirement. It isn't — it's a norm backed by DOJ internal policies and post-Watergate tradition. The president technically has the authority to direct the DOJ, which is why the norm depends on political restraint and institutional culture.
When prosecutors answer to political leaders rather than following the evidence, enforcement becomes selective — targeting opponents and protecting allies. Prosecutorial independence is what stands between a justice system that applies the law equally and one that serves whoever holds power.
People often assume prosecutorial independence is a constitutional requirement. It isn't — it's a norm backed by DOJ internal policies and post-Watergate tradition. The president technically has the authority to direct the DOJ, which is why the norm depends on political restraint and institutional culture.