Former White House attorney Mark Paoletta took to social media Thursday to say that President-elect Donald Trump “will not use the DOJ for political purposes” but rather for “implementing his agenda.”
Paoletta, who previously served as counsel to former Vice President Mike Pence and general counsel for the Office of Management & Budget in the executive office during the Trump administration, was responding to a CNN reporter stating that the Department of Justice has “operated historically as an independent entity.”
“Constitution vests our ELECTED President with ALL executive power, including DOJ. He has the duty to supervise DOJ, including, if necessary, on specific cases. Our system does not permit an unaccountable agency,” Paoletta wrote on X.
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Paoletta cited Chief Justice John Roberts’ opinion in Trump v. United States, wherein the Court held that a former president has substantial immunity from prosecution for official acts committed while in office, but not for unofficial acts. In the majority opinion, Roberts wrote “the Constitution vests the entirety of the executive power in the President.”
He went on to say, “The President has a duty to supervise the types of cases DOJ should focus on and can intervene to direct DOJ on specific cases. He is the duly elected chief executive and he has every right to make sure the executive branch, including the DOJ, is implementing his agenda.”
Paoletta then gave examples as to how Trump could use the DOJ during his next term, including directing the “DOJ to significantly increase resources to prosecute criminals at the highest charging level and to seek maximum sentences” and extending resources towards deportation efforts and “against sanctuary cities who defy and obstruct federal law enforcement efforts.”
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Paoletta clarified, however, that despite such actions, Trump will not use the DOJ “for political purposes.”
“Just because you are a political opponent” does not mean one gets “a free pass if you have violated the law,” Paoletta wrote.
Paoletta then said Democrats, in contrast, “went after President Trump solely to punish him because he was a political opponent,” stating that they “invented crimes, twisted statutes, abused their offices and power, all to stop him and destroy him.”
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“The President should supervise and direct the DOJ to implement his agenda, which was voted on and supported by a landslide majority of the American people on November 5th,” Paoletta wrote.
The DOJ announced on Wednesday it was seeking to wind down two federal criminal cases against Trump ahead of his second term.
Justice Department officials cited a memo from the Office of Legal Counsel filed in 2000, which upholds a Watergate-era argument that asserts it is a violation of the separation of powers doctrine for the Justice Department to investigate a sitting president.
Trump was also prosecuted at the state level after his first term in office, aside from the two federal cases brought by special counsel Jack Smith. Trump pleaded not guilty in all of his cases.
Fox News’ Breanne Deppisch contributed to this report.
