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I don’t know what the solution is, because a fourth branch of government also could be problematic. But it’s becoming a very obvious problem that the justice department is not separate from the executive.




> But it’s becoming a very obvious problem that the justice department is not separate from the executive.

The alternatives are probably worse. Every alternative trades political accountability for independence or vice versa.

The alternatives are: An Independent Prosecutorial Branch (a “fourth branch”), OR Prosecutors as Part of the Judicial Branch, OR Congress-Controlled Prosecution, OR Fully Decentralized / Elected Federal Prosecutors.

The US uses a hybrid model of executive control with strong counterweights rather than full independence. This model persists because it maintains democratic accountability, preserves adversarial courts, and allows checks without creating an unaccountable power center.


The justice department IS part of the executive branch; it’s a department headed by a cabinet secretary.

Yes? That’s what I said.

How is that all not part of the judicial branch, e.g. the "courts" ?

There are many countries where prosecutors belong to the judicial branch, together with judges.

In USA however, they belong to the Department of Justice, which is a part of the government.




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