It is not the role or duty of the president to signal out who the Judicial system goes after, specifically political rivals. That is exactly what would-be-dictators do.
It is exclusively the role of the judicial system to go after criminals. It is they that do the investigations when THEY find that someone may have broken the law.
AI Overview
No, the President of the United States does not have the legal right to choose who is prosecuted or targeted by the judicial system. Such action is a
severe violation of the fundamental principle of separation of
powers and the rule of law.
Here is a breakdown of how the U.S. system is designed to prevent this:
- The Department of Justice's independence. The Attorney General and federal prosecutors within the Department of Justice are responsible for conducting investigations and making prosecution decisions. While the Attorney General is a presidential appointee, there is a long-standing tradition of independence, established to prevent the politicization of criminal justice. The DOJ's mission is to "ensure fair and impartial administration of justice for all Americans," not to serve the president's political or personal interests.
- Prosecutorial discretion. The power to decide whether to bring charges, select charges, or offer plea bargains rests with federal prosecutors. This power, known as prosecutorial discretion, is a core executive power held by the DOJ, not the president. The decisions must be based on the law and facts of a case, not political considerations.
- The rule of law and the Constitution. The U.S. Constitution, which establishes the system of checks and balances, forbids the concentration of power in one branch. Allowing the president to direct prosecutions would violate the rule of law, which requires that everyone, including the government, is subject to and accountable under the law.
- Potential for abuse. Directing prosecutions would create a clear avenue for a president to abuse power by targeting political opponents or protecting allies. Such actions would be a grave breach of the public trust and have been compared to the practices of authoritarian regimes.
