Is Tyranny a Prevailing Threat to American Democracy?
By Guest Contributing Writer Marc S. Friedman, Esq.
“Where-ever law ends, tyranny begins” John Locke (1689)
Pulitzer Prize Winner David Rohde's “Where Tyranny Begins” offers a critically important and compelling exploration of the political independence of the U.S. Department of Justice (DOJ) and its crucial role in upholding democracy.
Rohde frames the narrative through a historical lens, beginning with the fallout from the Watergate scandal and tracing how the norms that preserve the DOJ’s independence were shaped, sustained, and ultimately violated.
At the heart of the book lies a critical argument: the norms of DOJ impartiality were established in the aftermath of a political crisis but have been eroded in recent years, particularly during the presidency of Donald Trump. Rohde masterfully intertwines history, law, and contemporary politics to illustrate how, as John Locke said, the threat of tyranny emerges when the rule of law is undermined.
The Watergate Crisis and Ford’s Response
Rohde begins his analysis with one of the most infamous moments in American political history: the Watergate scandal. The scandal, which erupted under the Nixon administration, severely damaged public confidence in the DOJ and the federal government as a whole.
President Richard Nixon’s misuse of federal law enforcement agencies, including the DOJ and the FBI, to pursue his political enemies is a key backdrop to Rohde’s story. Watergate left the American public questioning whether the DOJ could operate impartially, without undue political influence. In the wake of Nixon’s resignation, the Department faced a legitimacy crisis.
Recognizing the need to restore credibility and integrity to the DOJ, President Gerald Ford made a pivotal decision that would alter the trajectory of American governance: he appointed Edward Levi, a distinguished legal scholar and the president of the University of Chicago, as attorney general.
Levi was an outsider in Washington, untainted by the scandal that had engulfed Nixon’s inner circle, and his task was nothing short of monumental. Levi set about reforming the DOJ by instituting a series of norms and guidelines to safeguard its independence from political interference.
Edward Levi’s Reforms: A Blueprint for Independence
Edward Levi was a man of profound integrity and intellectual rigor. Levi was the architect of the modern DOJ. His reforms were designed to ensure that the DOJ operated independently of the White House, making decisions based on the law rather than political expediency.
Under Levi’s extraordinary leadership, the DOJ formalized new procedures to limit political influence over law enforcement. These procedures included detailed guidelines on when and how political appointees could interact with federal prosecutors and the FBI, establishing a clear line between political considerations and legal action.
Levi’s commitment to maintaining the rule of law at the DOJ became a cornerstone of the department’s mission, and these norms continued to be followed by successive administrations, both Democratic and Republican. Rohde argues that the strength of Levi’s reforms lay in their broad acceptance across the political spectrum—until the election of Donald Trump. And herein lies Rohde’s warning for the upcoming Presidential election.
The Trump Administration’s Assault on DOJ Norms
“When Tyranny Begins” then pivots to a sobering examination of how the Trump administration systematically dismantled the norms that Levi had established, and that Presidents had followed for decades. From the moment Donald Trump took office, he showed a blatant disregard for the principles of DOJ independence, seeking instead to bend the department to his personal political will.
Trump’s demands for loyalty from the DOJ and the FBI were a sharp break from the precedent set by Levi, who had insisted that loyalty must be to the law, not to any individual leader. In fact, I recall Trump referring to DOJ lawyers as “my lawyers.” They were not his lawyers; DOJ lawyers were and are America’s lawyers whose loyalty is to the U.S Constitution and not to a President.
Trump’s attempts to use the DOJ as a political tool were numerous and overt. He pressured the department to investigate his political rivals, including former President Barack Obama, Hillary Clinton, and Joe Biden.
In public and in private, he sought to undermine the neutrality of federal law enforcement agencies, framing them as actors in his personal political battles. Rohde highlights Trump’s infamous dismissal of FBI Director James Comey, a move widely seen as an effort to interfere with the investigation into Russian interference in the 2016 election.
Most striking in Rohde’s account is the role played by Attorney General William Barr, whom he describes as complicit in Trump’s efforts to politicize the DOJ. Barr’s tenure as attorney general, according to Rohde, represented a significant departure from the traditions of DOJ independence.
Barr clearly expressed he wanted Republicans to win. Thus, Barr publicly aligned himself with Trump’s narrative, downplaying the seriousness of the Russia investigation, misrepresenting the Report of Special Counsel Robert Mueller, repeating Trump’s wild conspiracy theories (eg. Obama and Biden committed treason by tapping his campaign’s phones) and offering dubious legal justifications for Trump’s actions.
Rohde persuasively argues that Barr’s willingness to enable Trump’s vision of a DOJ that serves the president’s political interests, rather than the interests of justice, represented a profound threat to the rule of law. However, in the end, the rule of law held firm as many DOJ lawyers refused to bend to Trump’s will.
The Warning of Tyranny
Rohde weaves into his narrative a cautionary note drawn from the political philosopher John Locke, who warned in 1689 that "where-ever law ends, tyranny begins." This warning is at the core of Rohde’s book. By eroding the DOJ’s independence, Trump and his allies have created an environment where the rule of law is subordinated to political expediency, opening the door to tyranny.
Rohde is particularly concerned about the implications of a potential second Trump term. Should Trump return to the presidency in 2024, Rohde argues, he will likely continue to manipulate the DOJ and the FBI to target his political opponents, further entrenching a culture of political retribution and undermining democratic institutions.
Indeed, as recently as this month, Trump wrote, “WHEN I WIN, those people that CHEATED will be prosecuted to the fullest extent of the Law, which will include long term prison sentences. Please beware that this legal exposure extends to Lawyers, Political Operatives, Donors, Illegal Voters, & Corrupt Election Officials." Trump has made explicit his intention to violate Levi’s DOJ norms once again by using the agency’s lawyers and resources for his own political agenda.
Conclusion: A Battle for the Rule of Law
“Where Tyranny Begins” is not just a history of the DOJ’s transformation; it is a stark warning about the fragility of democratic norms in the face of authoritarian impulses. Rohde meticulously traces the rise and fall of the DOJ’s independence, presenting Edward Levi’s legacy as a beacon of hope in a time of darkness.
Yet, as Rohde makes clear, the lessons of Watergate and Levi’s reforms are at risk of being forgotten. If the norms that Levi instituted are abandoned, the consequences for American democracy could be dire. As Rohde powerfully argues, the battle for the DOJ’s soul is, at its core, a battle for the rule of law itself.
This in my view is an important book. Rohde has sounded a clarion call. As we approach the November 2024 presidential election, “Where Tyranny Begins” is a timely reminder that as Locke wrote 335 years ago, “where-ever law ends, tyranny begins.” Voters should remember this as they cast their ballots. The future of our Democracy may be at stake.
Mr. Friedman was a trial lawyer for five decades. He graduated from The Johns Hopkins University with a B.A degree in Philosophy and The George Washington University Law School with a Juris Doctor degree, with honors.
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An excellent review of a critical book.