A critical sign of institutional decay is that numerous federal judges, including conservatives, have rescinded the "presumption of regularity." This legal norm meant judges assumed government lawyers were acting in good faith. Its removal signals a profound crisis of trust in the executive branch's integrity.
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The perception of the DOJ as a political tool is no longer a one-sided complaint. Republicans cite prosecutions of figures like Steve Bannon, while Democrats point to Trump's direct influence on indictments. This shared belief from both sides of the aisle is causing a complete erosion of the institution's credibility as an independent body.
Much of government functions on decorum and unwritten rules. When political actors attack these norms—like challenging procedural traditions—it creates a cycle of retribution that destabilizes the entire system more profoundly than any single illegal act could.
Crucial U.S. institutions, while formally existing, have effectively ceased to function as checks on executive power. Congress has ceded its constitutional authority to tax and spend, and the Justice Department's independence from the White House has disintegrated, rendering them functionally inert.
The administration explicitly targets law firms that represent its opponents, creating a climate of fear. This discourages many elite lawyers from taking on such cases, potentially compromising the ability of officials to secure adequate legal defense and threatening the principle of representation.
The Supreme Court is systematically dismantling laws that protect heads of independent agencies (like the CFPB and FTC) from being fired at will. This aligns with the "unitary executive theory," concentrating power in the presidency and eroding the apolitical nature of regulatory bodies.
The US has historically benefited from a baseline level of high competence in its government officials, regardless of party. This tradition is now eroding, being replaced by a focus on loyalty over expertise. This degradation from competence to acolytes poses a significant, underrecognized threat to national stability and global standing.
The current level of hyper-partisanship is not a recent phenomenon but the culmination of a continuous, 40-year decline in public trust across all major institutions, including government, media, and church. Trust was significantly higher even during past national traumas like the assassinations of the 1960s and Watergate.
Trump's efforts are not just breaking norms but constitute an attempt at a full-blown "political revolution." The goal is to gain direct political control over institutions like the FBI and DOJ, weaponize them against political opponents, and eliminate the checks and balances that constrain presidential power.
The Trump administration operates "extra-constitutionally" not by directly breaking laws, but by creating bureaucratic chaos. By claiming incorrect venues or unclear authority, they engage in a "cat and mouse game" that paralyzes the legal system and operates as if the Constitution doesn't exist.
The Epstein files show how justice becomes impossible when the network of alleged perpetrators includes the very people meant to enforce the law—judges, politicians, and officials. This interconnectedness means there is no independent body left to ensure accountability.
