Background
The 2020 election represents a tense period of time in modern American politics. When confronted by a president who resisted widely accepted norms and rejected the rule of law, the Department of Justice faced a serious crisis.
In preparation for your final case study, please read pages 22-27 and 373-403 from the Jan. 6th Select Committee Report, which detail the events that unfolded in the Department of Justice from November 7th, 2020 to January 6th, 2021. You are also encouraged to consult the supporting documents referenced in the report—several of which are available on Canvas—and to review the Department of Justice investigation report by Special Counsel Jack Smith released in January 2025, as it may offer additional insight (you should focus on pages 16-20, but you may find it helpful to review additional sections). As you review the Select Committee Report and the 2025 Special Counsel Report, pay particular attention to any ethical or legal issues that they raise, including prosecutorial discretion and separation of powers issues.
Instructions
Section 1: For the first section of this assignment, consider the challenges faced by the Department of Justice during the events following the 2020 election. Draft a 3-4 page analysis where you provide: (1) a brief summary of the events as described in the report; (2) a lengthy discussion of any relevant ethical matters present in the case; and (3) a conclusion that reflects on the DOJ’s overall response.
Did the DOJ act ethically? Should it have responded differently to pressures imposed by President Trump? Consider your course materials and draw on themes such as guerrilla government, morality vs. duty, moral dilemmas, the public good, and constitutional governance. Though you are expected and encouraged to draw on a variety of course materials, you may also find it helpful to conduct additional research to support your analysis.
Section 2: Next, write a 3-4 page follow-up section to your analysis in which you take on the role of a senior Department of Justice official who is faced with the following dilemma:
● Option 1: Support the President’s decision to appoint Jeffrey Clark as Attorney General, aligning with the administration’s directives, but risking damage to public trust in the DOJ’s independence and integrity.
● Option 2: Join the threatened mass resignation to protest the interference, preserving the DOJ’s integrity but potentially creating public uncertainty and instability.
As an official within the Department of Justice, decide which course of action you should take: who, or what, do you support? Should you back the President, or should you support Rosen and Department of Justice norms and procedures? What about your support or opposition to claims
of widespread voter fraud? Describe and justify your course of action from an ethical standpoint by considering the following questions:
● Institutional Integrity vs. Political Loyalty: How do the ethical principles of protecting institutional integrity and the rule of law intersect—or conflict—with the expectation of loyalty to the elected leader? What are the implications of each option for public trust in the DOJ and the broader democratic process?
● Whistleblowing and Public Transparency: Should senior Department of Justice officials have gone public with their concerns if the President had continued pushing to remove Rosen? How does this relate to the balance between transparency and maintaining internal confidentiality?
● The Role of Public Service Ethics: How do ASPA Code of Ethics principles, such as “advancing the public interest” and “protecting the Constitution,” inform the actions of Department of Justice officials in this scenario? What about public values and policy benchmarks?
● Long-Term Implications: What are the long-term risks and benefits of resisting or complying with political pressure in such a high-stakes situation? How might this precedent affect future interactions between the Department of Justice and the executive branch?
Make sure to clarify the purpose of your course of action, as well as methods you would employ in order to see it through. Your report should be roughly 7-8 single spaced pages. In addition, please make sure to include any references using proper APA citations.