Saving Justice Summary

Justice is not just about laws; it’s about trust. Without trust, the system crumbles.

1. Building a Reservoir of Trust

Trust is the foundation of the Department of Justice (DOJ). James Comey describes it as a "reservoir" that must be constantly replenished through truth and integrity. This trust allows federal prosecutors and agents to operate effectively and maintain public confidence.

Comey’s early career as a federal prosecutor taught him that DOJ lawyers were different. They weren’t motivated by money or politics but by a commitment to justice. This earned them respect in courtrooms and among their peers. However, trust is fragile and can be depleted when the DOJ acts in ways that seem politically motivated or unjust.

One example is the case of Henry Flete, a minor player in a drug conspiracy. Comey felt it was wrong to prosecute him, but his superiors insisted due to political pressures. The jury ultimately acquitted Flete, and Comey vowed never to pursue a case he didn’t believe in again. This experience highlighted the importance of maintaining the DOJ’s independence from political agendas.

Examples

• Federal prosecutors’ reputation for integrity and impartiality.
• The Henry Flete case, where political motives clashed with justice.
• Comey’s personal commitment to only pursuing cases he believed in.

2. The Importance of Truth in Leadership

Leaders must prioritize truth, especially in institutions like the DOJ. Comey emphasizes that truth is the bedrock of justice, and without it, the system collapses. Leaders who distort or ignore the truth erode public trust and damage the institution.

Comey contrasts the leadership styles of different presidents. George W. Bush, for example, respected the DOJ’s independence and never interfered in specific cases, even when they involved his administration. In contrast, Donald Trump’s disregard for truth and attempts to manipulate the DOJ for personal gain drained the reservoir of trust.

The case of Donald Trump asking Comey to drop the investigation into Michael Flynn illustrates this point. Flynn had lied to federal investigators, and Trump’s request undermined the DOJ’s commitment to accountability. Such actions weaken the public’s faith in the justice system.

Examples

• George W. Bush’s hands-off approach to DOJ investigations.
• Trump’s request to end the Michael Flynn investigation.
• The DOJ’s reliance on truth to maintain public trust.

3. Transparency as a Tool for Trust

Transparency is essential for maintaining trust in the DOJ. Comey argues that being open about mistakes and decisions helps the public understand and trust the institution. Without transparency, suspicion and doubt grow.

One example is the FBI’s handling of Dylan Roof’s background check. Roof, who killed nine people in a Charleston church, should not have been able to buy a gun due to a prior drug arrest. The FBI admitted its error publicly, which helped preserve some trust despite the tragedy.

Another instance is the FBI’s review of hair comparison evidence. Decades of overstated testimony led to wrongful convictions. The FBI’s decision to reexamine 3,000 cases and admit its mistakes demonstrated a commitment to improvement and accountability.

Examples

• Public apology for the Dylan Roof background check failure.
• FBI’s review of flawed hair comparison evidence.
• Comey’s press conference on the Clinton email investigation.

4. Independence from Politics

The DOJ must remain independent from political influence to function properly. Comey stresses that justice should be blind, and political agendas have no place in the courtroom.

This principle was tested during the investigation into Sandy Berger, a former Clinton administration official. Despite strong evidence against Berger, Comey avoided pushing the case to prevent the appearance of political bias. This decision upheld the DOJ’s impartiality.

Similarly, Comey’s appointment of a special prosecutor to investigate the leak of a CIA agent’s name during the Bush administration showed his commitment to fairness. Even when Vice President Cheney expressed displeasure, Comey prioritized the DOJ’s independence over political pressure.

Examples

• Handling of the Sandy Berger case to avoid political bias.
• Appointment of a special prosecutor in the CIA leak case.
• Commitment to impartiality despite political pressures.

5. The Role of Leadership in Shaping Culture

Leadership sets the tone for the DOJ’s culture. Comey highlights the legacy of Henry Stimson, who transformed the Southern District of New York into a model of integrity and independence.

Stimson’s reforms emphasized hard work, intelligence, and principles over politics and money. This culture has been passed down through generations of prosecutors, including Comey, who led the Southern District with the same values.

When Comey became US attorney for the Southern District, he raised his profile to protect the office’s independence. By arguing cases himself and appearing in the media, he ensured that the office remained a beacon of justice, free from political interference.

Examples

• Henry Stimson’s reforms in the Southern District of New York.
• Comey’s leadership in maintaining the office’s independence.
• The importance of leadership in shaping institutional culture.

6. The Limits of Transparency

While transparency is important, it has its limits. Comey acknowledges that some decisions and investigations must remain confidential to protect the integrity of the process.

The Clinton email investigation is a prime example. Comey’s decision to hold a press conference explaining the FBI’s findings was an attempt at transparency. However, it was criticized for influencing the 2016 election and highlighted the challenges of balancing transparency with impartiality.

Another example is the FBI’s investigation into Russian election interference. Comey refused to publicly state that Trump was not under investigation, knowing it could change if new evidence emerged. This decision upheld the FBI’s integrity but came at a personal cost.

Examples

• Press conference on the Clinton email investigation.
• Decision not to clear Trump publicly during the Russia investigation.
• Balancing transparency with the need for confidentiality.

7. The Danger of Politicizing Justice

Politicizing the DOJ undermines its credibility and effectiveness. Comey warns against using the DOJ as a tool for personal or political agendas, as seen during the Trump administration.

Attorney General William Barr’s misrepresentation of Robert Mueller’s report is a case in point. Barr claimed the report exonerated Trump, despite evidence to the contrary. This damaged the DOJ’s reputation and eroded public trust.

The Watergate scandal offers a historical parallel. Richard Nixon’s misuse of the DOJ for personal gain led to widespread distrust. It took a leader like Edward Levi to restore the department’s integrity and independence.

Examples

• William Barr’s handling of the Mueller report.
• Nixon’s misuse of the DOJ during Watergate.
• Edward Levi’s reforms to rebuild trust in the DOJ.

8. Accountability After Office

Holding leaders accountable after they leave office is a complex issue. Comey explores the pros and cons of prosecuting former presidents for their actions.

On one hand, prosecuting a former president could deepen political divisions. On the other hand, failing to hold them accountable sets a dangerous precedent and undermines the rule of law.

Local prosecutors may offer a solution. For example, New York prosecutors could investigate Trump’s financial crimes, allowing the DOJ to maintain its impartiality while ensuring accountability.

Examples

• Debate over prosecuting Donald Trump after his presidency.
• Risks of deepening political divisions through prosecution.
• Role of local prosecutors in holding leaders accountable.

9. Lessons from Edward Levi

Edward Levi’s leadership offers a blueprint for restoring trust in the DOJ. After Watergate, Levi reformed the department by prioritizing transparency, truth, and independence.

Levi ended abusive programs like COINTELPRO and reined in the FBI’s surveillance powers. He also emphasized the importance of leadership in shaping the DOJ’s culture.

Comey believes the DOJ can recover from recent challenges by following Levi’s example. Strong leadership and a commitment to justice can rebuild the reservoir of trust and restore the department’s integrity.

Examples

• Levi’s reforms after Watergate.
• Ending COINTELPRO and limiting FBI surveillance.
• The importance of leadership in shaping institutional values.

Takeaways

1. Prioritize truth and transparency in leadership to build trust and credibility.
2. Maintain the independence of justice institutions by resisting political pressures.
3. Learn from past reforms, like Edward Levi’s, to restore integrity and public confidence in the DOJ.