When Robert Jackson stood in the Great Hall of the Justice Department in 1940 and told the country's federal prosecutors that they held more power over life, liberty, and reputation than any other person in America, he was not describing a rule written into law. He was describing a creed. For the better part of a century, attorneys general from both parties invoked Jackson's words as a kind of shared oath.

The principle was simple: no fear or favor, just the law. The catch was that almost none of it was codified.

In President Trump's second term, he has broken traditional norms of independence by purging career staff, calling for the prosecution of his enemies, and challenging the judiciary. In the season premiere of UnCommon Law, host Matthew Schwartz traces those norms from their origins through their greatest tests — and asks whether the system that held through Watergate, the Clinton impeachment, and even the first Trump term was ever as durable as it seemed.

In this episode and the ones ahead, we will explore:

Allegations of selective prosecution — indictments of political adversaries, dropped cases against allies — and what the law actually permits.

How the federal judiciary has responded, and what judges can and cannot do when the executive branch refuses to comply.

A reckoning with the parts of the Justice Department that have been dismantled — the Civil Rights Division, the public integrity section, the career staff — and what their absence means in practice.

Also, the stories of the prosecutors and lawyers who quit — and what they saw on the way out.

Featuring:

Stuart Gerson, former Assistant Attorney General for the Civil Division under President George H.W. Bush; co-founder of the Society for the Rule of Law

Jed Shugerman, professor of law at Boston University School of Law

Chris Strohm, senior reporter at Bloomberg News covering the Justice Department

Ben Penn, senior reporter at Bloomberg Law covering the Justice Department

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CREDITS

Host/Producer/Sound Design: Matthew S. Schwartz

Editor/Executive Producer: Josh Block

Cover Art: Jonathan Hurtarte

Special Thanks: Ben Penn, Chris Strohm

Thank You: Andrew Satter, Cesca Antonelli, Tom Taylor, Seth Stern