LAW 512 - Critical Issues Facing the Department of Justice

The Department of Justice is one of the most important and powerful executive branch departments in government. DOJ prosecutors make decisions that have a profound impact on the lives of individuals and the ongoing success of business entities. Drawing on my experiences as an Assistant U.S. Attorney, in leadership positions at DOJ (including Acting Deputy Attorney General, principal deputy to the Deputy Attorney General, Chief of Staff to the Attorney General, and Deputy Assistant Attorney General in both the Civil and Criminal Divisions) and my work as a defense attorney in private practice, this course will focus on critically important issues confronted by the Department and the defense bar. It will examine the mission of DOJ, its organizational structure, the rule of law, the government’s decision-making process and exercise of prosecutorial discretion. The issues confronted by DOJ attorneys, in both civil and criminal arenas, present some of the most consequential legal and policy questions facing this nation. This course, in part, will examine the principles of federal prosecution, the vital work of the Solicitor General’s Office, the Office of Legal Counsel, the National Security Division, the role of DOJ in international affairs and the roles of DOJ law enforcement agencies including the FBI, DEA, ATF&E, U.S. Marshal’s Service and Bureau of Prisons.It will examine the unique role of the Attorney General as a member of the President’s Cabinet including the White House Communications policy. This course will also examine the line between enforcement policy driven by the President’s agenda and a commitment to independent, objective law enforcement with a goal of seeking justice. Readings will include DOJ prosecutorial guidance principles, policy memoranda, case law, Office of Legal Counsel opinions and news articles.