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Should We Move Federal Prosecutors Into the Judicial Branch? | Opinion

Should We Move Federal Prosecutors Into the Judicial Branch? | Opinion

Summary

The article discusses the idea of moving federal criminal prosecutors from the Justice Department into the judicial branch, which is led by judges. This change aims to make prosecutors less influenced by the president and more independent in their work.

Key Facts

  • The Justice Department is currently part of the executive branch and led by the president.
  • The author suggests moving criminal prosecutors into the judicial branch to protect them from political influence.
  • This change would require a constitutional amendment.
  • Some types of prosecutors (civil rights, antitrust, environmental) would stay under the president’s control.
  • In countries like Italy, prosecutors are part of the judiciary, which helps keep them independent.
  • Italian voters rejected a plan to move prosecutors under executive control, showing support for independence.
  • Local prosecutors in the U.S. are often elected, which can make them subject to political pressures.
  • The author argues that making prosecutors part of the judicial branch could reduce partisan influence and improve fairness.
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