Threat To The Rule Of Law
Donald Trump's Takeover of Federal Institutions: A Threat to the Rule of Law and Democratic Norms
In his second term as President, beginning January 20, 2025, Donald Trump has orchestrated a systematic takeover of critical federal institutions, including the Department of Justice (DOJ), the Federal Bureau of Investigation (FBI), the Department of Homeland Security (DHS), and other key agencies. This consolidation of power, marked by the appointment of loyalists, purges of independent officials, and the misuse of institutional authority, represents a profound threat of authoritarianism and a direct assault on the rule of law. Drawing on public records, legal analyses, and investigative reports, this article argues that Trump’s actions undermine the independence of these institutions, transforming them into tools for personal and political retribution, thereby eroding the constitutional checks and democratic principles that define the United States.
Capture of the Department of Justice: Weaponizing Law Enforcement
The DOJ, historically a bastion of impartial justice, has been reshaped into an instrument of Trump’s personal agenda, threatening the rule of law. Trump appointed Pam Bondi as Attorney General, a loyalist who has openly defended his actions and dismissed investigations into his allies, breaking with long-standing norms of prosecutorial independence. A March 2025 DOJ memo directed disciplinary boards to penalize attorneys filing lawsuits deemed “frivolous” by the administration, a move legal experts warn is designed to deter constitutional challenges and suppress dissent. The DOJ has also dropped corruption charges against figures like New York City Mayor Eric Adams, citing cooperation with Trump’s immigration policies, prompting resignations from senior officials who called the move a “dangerous” politicization of justice.
Further, Trump’s DOJ has launched investigations into political adversaries, including former prosecutors like Aaron Zelinsky and Andrew Weissmann from the Mueller investigation, and New York Attorney General Letitia James, who previously sued Trump for fraud. These probes, often based on flimsy pretexts like alleged “election misconduct,” echo Trump’s campaign promises of retribution. Stanford Law Professor David Sklansky noted this as a “trashing of traditions” cherished across the political spectrum, with the DOJ now prioritizing loyalty to Trump over impartial enforcement. Over 1,600 former DOJ officials signed an open letter condemning these actions, warning they undermine the principle that “no one is above the law.”
Subversion of the FBI: Targeting Dissent and Shielding Allies
The FBI, tasked with upholding federal law independently, has been co-opted to serve Trump’s personal vendettas. Trump placed loyalists like Ed Martin, who represented January 6 rioters, as interim U.S. Attorney for the District of Columbia, overseeing FBI operations in the capital. In April 2025, the FBI arrested Wisconsin Judge Hannah Dugan for contempt after she blocked a federal immigration transfer, marking a rare attack on judicial independence. The agency has also been directed to investigate state and local officials resisting Trump’s immigration policies, escalating tensions and criminalizing political disagreement.
Trump’s mass pardon of approximately 1,500 January 6 Capitol rioters on his first day in office, January 20, 2025, signaled tolerance for political violence and undermined FBI efforts to prosecute those cases. Former prosecutor Sean Brennan described this as a “slap in the face” to law enforcement officers assaulted during the riot. By shielding allies while targeting critics, the FBI under Trump’s influence has shifted from an impartial investigator to an enforcer of his personal agenda, chilling dissent and weakening public safety.
Coercion of the Department of Homeland Security: Immigration as a Political Tool
The DHS has been transformed into a vehicle for Trump’s aggressive immigration policies, often at the expense of due process and constitutional protections. Executive Order 14287, issued April 28, 2025, directed DHS to publicly list “sanctuary jurisdictions” deemed uncooperative with federal immigration enforcement, pressuring local governments into compliance. The arrest of Columbia University graduate student Mohsen Mahdawi during a supposed citizenship interview, based on his pro-Palestinian activism, exemplifies DHS’s role in targeting dissenters. Federal Judge Geoffrey Crawford likened this to McCarthy-era repression, citing a lack of evidence for claims Mahdawi posed a security threat.
Trump’s reported promise to pardon Customs and Border Protection officials for illegal acts, such as closing the southern border, further illustrates DHS’s politicization. These actions, paired with mass deportation policies challenged in court, reflect an authoritarian approach that prioritizes Trump’s anti-immigrant rhetoric over legal norms, risking the rights of both citizens and non-citizens.
Undermining Other Federal Institutions: A Broader Assault on Independence
Trump’s takeover extends beyond the DOJ, FBI, and DHS to other critical institutions, including the Federal Communications Commission (FCC) and the Department of Education, further consolidating power. He issued an executive order claiming control over independent agencies like the FCC, Federal Election Commission, and Securities and Exchange Commission, bypassing their statutory autonomy. The FCC, under Trump’s appointee, is investigating PBS and NPR, threatening their funding for critical coverage, a move that stifles press freedom.
The Department of Education issued a February 14, 2025, directive targeting DEI programs, threatening to cut federal funding to schools unless they eliminate diversity initiatives, stretching the 2023 Supreme Court ruling on affirmative action beyond its scope. This coerced compliance from institutions like Columbia University, which overhauled its policies under pressure, undermining academic freedom. Similarly, the Federal Motor Carrier Safety Administration’s English-only rule for truck drivers, reactivated April 26, 2025, targets immigrant workers without clear public safety justification, reflecting bureaucratic exclusion.
Additional Avenues of Authoritarian Control: Retribution and Judicial Intimidation
Trump’s broader campaign of retribution amplifies the authoritarian threat. His administration has targeted over 100 perceived enemies, including law firms like Perkins Coie and Jenner & Block, for representing clients opposing Trump, revoking their security clearances and barring them from federal contracts. This unprecedented attack on legal representation chills access to justice, as noted by 1,600 former DOJ officials.
Trump’s attacks on the judiciary further erode the rule of law. He has threatened judges with impeachment for adverse rulings and ignored court orders, such as one suspending forced expulsions to El Salvador. Chief Justice John Roberts publicly rebuked these actions, emphasizing the need for appellate review, yet Trump’s social media attacks on judges as “corrupt” risk inciting violence. A Senate report by Senator Gary Peters details how Trump’s defiance of court orders and congressional oversight threatens constitutional protections.
Conclusion
Trump’s takeover of the DOJ, FBI, DHS, and other federal institutions represents a deliberate strategy to centralize power and dismantle democratic guardrails. By installing loyalists, purging dissenters, and using these agencies for retribution, he has transformed them into extensions of his personal will, echoing tactics of authoritarians like Hungary’s Viktor Orban. As 34 of 35 legal scholars surveyed by the New York Times warned, these actions—undermining judicial authority, targeting critics, and enforcing loyalty—threaten to convert the U.S. into an “autocratic kleptocracy.” With courts and public resistance as the remaining checks, the erosion of the rule of law demands urgent scrutiny to preserve American democracy.
This article was written with the assistance of Grok.
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