The concept of prosecutorial independence, while a long-standing norm within the U.S. legal system, remains unformulated in law. Originating with the establishment of the Justice Department in 1870, which aimed to reduce political patronage in law enforcement, this independence has faced significant challenges throughout history. Notably, during the Nixon administration, the integrity of the Justice Department was questioned when Nixon allegedly intervened in prosecutions to protect allies while targeting political rivals. Unlike Nixon, who operated through indirect means, the current political climate has introduced a more overt approach to utilizing the Justice Department for political purposes, marking a significant shift in executive behavior regarding law enforcement.
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