The DSR Network NTK: Can the Rule of Law in America Be Saved?
Oct 10, 2025
Barbara McQuade, a law professor and former federal prosecutor, joins to dissect the challenges facing the rule of law in America. She highlights the erosion of DOJ independence and alarming trends in domestic policing. Students across the political spectrum are expressing concern over norm-breaking behaviors. McQuade also discusses the implications of politicized prosecutions and critiques the Supreme Court's emerging doctrines that expand presidential power. Her insights spark a crucial conversation about safeguarding democracy.
AI Snips
Chapters
Books
Transcript
Episode notes
DoJ Replacement After Declined Charges
- David Rothkopf recounts the DOJ replacing an interim U.S. attorney after she declined to bring charges.
- He frames the change as a message that the Justice Department will be used for political purposes.
Norms Protecting DOJ Independence
- McQuade highlights DOJ norms: no politics in charging, no White House case interference, and neither confirming nor denying probes.
- She says Trump publicly destroyed those norms and deeply troubled her as a former DOJ prosecutor.
Charges Risk Weaponizing Prosecution
- McQuade calls the Comey indictment legally weak and politically driven, noting statute issues and an IG report that cleared him.
- She warns that using criminal charges as payback chills democracy and due process.
