Federal law enforcement

Independent law enforcement is essential to a democracy rooted in the rule of law. The government’s law enforcement powers can be a grave threat to democracy if they are abused by authoritarian-minded leaders to punish enemies, shield themselves from accountability for wrongdoing, or interfere in the conduct of free and fair elections. 

For decades following Watergate, administrations of both parties maintained clear policies insulating federal law enforcement from White House interference. To prevent even the appearance of political meddling, Republican and Democratic administrations alike maintained written policies governing White House contacts with agencies that have investigatory and enforcement responsibilities. Those guardrails are now being dismantled. The justice system is being weaponized to punish political opponents, chill dissent, and pretextually achieve political objectives — all hallmarks of the authoritarian playbook. And the threat extends beyond the DOJ: the Trump administration is using immigration enforcement as a tool to violate constitutionally protected freedoms, deploying federal agents in ways that blur the line between law enforcement and political control. 

Eroding institutional independence

Law enforcement free from political influence — real or perceived — underpins all of our other freedoms. In a functioning democracy, those in office do not wield the power of the state to benefit political allies and punish political opponents. Rebuilding the structural firewalls that enforce this principle — inside the DOJ, the FBI, and DHS — is essential and urgent.

Accountability gaps for federal agents

Deployments of federal officers to cities around the country have caused confusion about their authority and accountability. Claims have begun to circulate that federal agents have “absolute immunity” from prosecution for their activities — but they are wrong. Protect Democracy is working to clarify these legal boundaries and ensure that no federal officer operates above the law.

Building public understanding

Evenhanded law enforcement and freedom from political influence — real or perceived — is the foundation on which public trust in government rests. It is critical for a functioning democracy that it not appear as though politics plays any part in DOJ’s investigative and enforcement operations, for enemy or friend alike. Making that case to the public — and sustaining it across administrations of both parties — is foundational to long-term reform.

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