Rebecca Roiphe. “A Typology of Justice Department Lawyers’ Roles and Responsibilities.” North Carolina Law Review, vol. 98, no. 5 (2019): 1077-1142.
This article examines the evolving role of U.S. Department of Justice (DOJ) lawyers under the Trump administration, amid increasing concerns over democratic backsliding. It analyzes how the erosion of informal norms and political attacks on legal institutions, particularly the DOJ, have strained the balance between legal independence and political responsiveness. By offering a typology of DOJ lawyer roles, the article clarifies how institutional design and internal role differentiation have historically allowed DOJ to function with integrity while responding to executive priorities.
For attorneys in backsliding democracies, the article provides a critical case study in how government lawyers can serve as both guardians of the rule of law and potential enablers of authoritarian drift. It underscores the need to institutionalize ethical norms and clarify professional responsibilities in order to protect legal institutions from politicization.