On with Kara Swisher Inside Trump’s DOJ Power Play & the Future of Special Counsels
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Oct 23, 2025 
Elie Honig, CNN senior legal analyst and former federal prosecutor, dives into the history of the DOJ's independent investigations, from Nixon to Trump, in his gripping discussion. He explores the vulnerability of the DOJ’s independence and how the Trump administration's tactics have impacted accountability. Honig critiques notable figures like Comey and Mueller, discusses proposed reforms for special counsels, and warns of retribution fueled by Trump's public calls for prosecution. A fascinating look at the complexities of justice in politically charged times!
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Independence vs Accountability Tension
- Special counsel creates tension between independence and accountability because prosecutors gain concentrated power over a single target.
- That tension has been litigated, with courts largely tolerating special prosecutors despite concerns about runaway power.
Starr Team Admitted Leaks And Excesses
- Monica Lewinsky asked why Ken Starr wasn't punished after lying under oath and why his report was published so widely.
- Honig notes Starr's team admitted leaking and later acknowledged they went too far with prurient detail.
Comey Shows Norms Can Carry Huge Costs
- Jim Comey's unilateral actions in 2016 illustrated the damage when key DOJ actors ignore norms and act independently.
- His press statements and timing likely influenced the 2016 election and highlight the need for clearer rules.
