Former President Barack Obama said the attorney general should serve as the people's lawyer rather than a president's "consigliere" [1].
Obama's remarks highlight a growing debate over the independence of the Justice Department and whether the executive branch can exert undue influence over criminal prosecutions.
Speaking during an interview on The Late Show with Stephen Colbert, Obama said that the criminal-justice system is being politicized [1, 2]. He said that presidents should not be able to direct the attorney general to prosecute political opponents [1, 3].
Obama made these comments after the Justice Department issued a second indictment against former FBI Director James Comey last month [1]. He said that democracy cannot overcome the politicization of the criminal justice system [1].
He said that the government should not be used by whoever is in charge to target political enemies [1]. According to Obama, presidents should not have the authority to order the attorney general to initiate prosecutions or run side hustles [3].
The former president emphasized that the role of the attorney general is to protect the public interest. He said that the current trajectory of the Justice Department risks undermining the rule of law by transforming legal proceedings into political tools [1, 2].
“Democracy can't overcome the politicization of the criminal justice system.”
These comments reflect a fundamental tension in U.S. governance regarding the autonomy of the Department of Justice. By framing the attorney general as a public servant rather than a presidential aide, Obama is arguing for a structural firewall between political leadership and legal enforcement to prevent the weaponization of the judiciary.
