Perspectives; Thoughts; Comments; Opinions; Discussions

Jason Chaffetz

By Jason Chaffetz | Fox News | Published May 19, 2023 4:00am EDT


Who is going to trust the Department of Justice now? In the wake of Special Counsel John Durham’s long-awaited report, Americans now know there was widespread political collusion and deliberate deception from the very top of the Obama administration, the Clinton campaign, the corporate media and the Department of Justice (DOJ), all in favor of the Democrats.  Not only did they abuse their power and lie to the public, they seem to be proud of it. 

With these facts now added to the long list of formerly crazy conspiracy theories come true, former president Donald Trump is essentially inoculated from any future prosecution by virtue of the public mistrust in an obviously weaponized federal government. Even if prosecutors somehow manage to get a partisan jury to convict, the public will see it as a political witch hunt predicated primarily on partisan politics.  

The more they try to “get ’m” the stronger they make him. 

John Durham
Special Counsel John Durham has created a firestorm of controversy with his just-released report on government collusion that targeted Donald Trump. (Ron Sachs/Consolidated News Pictures/Getty Images)

For this reason, both Democrats and Republicans should fear what could come next if they don’t clip the wings of this rogue federal agency and institute serious systemic changes. If they can do it to Trump, and they did, then they can do it again to anyone. 

One thing has become crystal clear: the Justice Department cannot and will not police itself. DOJ is unwilling and unprepared to discipline let alone prosecute its own. That’s one reason the work of the Select Subcommittee on the Weaponization of the Federal Government is so vital. 

To restore its position as a coequal branch of government, Congress must lose its reluctance to wield the heavy tools available in the law and the Constitution. It can and must develop an independent means of enforcing congressional subpoenas.  

The threat of impeachment of Senate-confirmed bureaucrats must become more feared. The House of Representatives must unite to implement what is perhaps the most powerful tool – the power of the purse. And Congress should reconsider and expand the role of independent offices of inspectors general (OIG) to ensure the Justice Department can no longer ride above the law.  


Republicans have been bafflingly reluctant to wield impeachment power. Getting support to impeach IRS Commissioner John Koskinen in 2015 was a heavy lift. It shouldn’t be. If Congress doesn’t hold administration officials accountable, who will? Under the advice-and-consent clause of the Constitution, the Senate was given a co-equal voice to confirm a bureaucrat and remove them, but they do not. 

Likewise, Congress has failed to secure its own subpoena power. For too long, the body has been content to rely on the DOJ to enforce congressional subpoenas. But now that we clearly see the DOJ applying a political litmus test to such requests, the American people need a new solution. For Democrats, subpoenas are enforced in record time with guns drawn. For Republicans, the DOJ will only enforce “legitimate” subpoenas based on their own whims after months of review. 

Congress can also leverage the power of the purse to play hardball by denying agency funding until the government produces requested documents and witnesses. But they don’t. 

While all of those options are on the table, perhaps the most effective solution could come from empowering the government’s independent inspectors general. Most everyone in government is currently subject to review by an office of Inspector General (OIG).  

One thing has become crystal clear: the Justice Department cannot and will not police itself. DOJ is unwilling and unprepared to discipline let alone prosecute its own. That’s one reason the work of the Select Subcommittee on the Weaponization of the Federal Government is so vital. 

The ability of these investigators to subpoena documents, interview witnesses and expose wrongdoing has yielded important evidence and numerous criminal referrals. But they don’t have authority to make any prosecutorial decisions – and they probably should. 

To the shock of most people, the IGs are prohibited from investigating wrongdoing by attorneys at the DOJ. Nor can they compel testimony once someone leaves federal service, and both of these need to change. 

Before the Durham report, there were two IG reports on the Russia collusion hoax that combined for more than 1,000 pages. They included discipline and criminal referrals that DOJ ignored. Consequences for wrongdoing by federal law enforcement have been minimal.  

Even ex-FBI attorney Kevin Clinesmith, who pleaded guilty to making a false statement after altering a document in the Crossfire Hurricane investigation, received only probation and community service for his crime. He forged documents to effect an election and he didn’t even lose his law license! 

Sadly, the American people have lost trust in some of the most important institutions, the Centers for Disease Control and the Department of Justice. And this may very well propel Trump back into the White House. 


Jason Chaffetz is a FOX News (FNC) contributor and the host of the Jason In The House podcast on FOX News Radio. He joined the network in 2017.


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