Has Donald Trump damaged the US justice system forever?
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Alex Whiting, former Assistant Special Counsel in the investigation into Donald Trump’s involvement in the January 6 insurrection, tells The News Agents how the MAGA president has damaged the US justice system. Can his impact be reversed?
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Read time: 5 mins
In brief…
- Alex Whiting tells Emily Maitlis he believes Trump would have faced conviction over the Capitol riots, and says the investigation could be resumed after his second presidency ends.
- He says the president is ruling the US like a king, rather than a president, and using his position in the White House to benefit himself and his family, while using his power to pursue personal vendettas.
- He describes Trump’s impact on the US justice system as “chilling”, but believes most Americans still believe in democracy – even if that is not how the current administration operates.
What’s the story?
For two years, Alex Whiting was part of the United State special counsel, working on the investigation into Donald Trump’s involvement in the January 6 riots in Washington DC in 2021.
Five people died in association with the mass protest, and 100 police officers were injured. Trump was accused of inciting his supporters to act, amid claims the results of the 2020 election were fraudulent, and he was the rightful winner.
But when Trump returned to the White House in January 2025, he shut down the investigation immediately.
Whiting says he believes a trial would have resulted in a conviction, this will not happen while he remains president – and will only proceed if it is resumed when his second term ends.
He adds this is only a "theoretical" possibility at this point, due to Trump's age and other circumstances.
How Trump has damaged the US justice system
Now Professor of Practice at Harvard Law School, Whiting tells The News Agents that his biggest concern over Trump’s second presidency isn’t that he will never face trial or justice for his actions, but the long term damage the Republican is doing to the US justice system.
The Republican-dominated Supreme Court recently voted to limit the powers of US judges, resulting in more legal power for the nine appointed judges, the White House, and Trump himself.
The president has also blurred lines between government and the Justice Department in ways that have never before been seen in the US – to his own benefit.
“We're in a period where the rule of law is highly contested,” Whiting tells Emily Maitlis.
“It'll be fascinating for historians and commentators later to unpack this and figure out how we got to this point.”
“I think we have reached a crisis point where the law is being bent and used and manipulated in ways that we really have not seen before in this country for generations.
He says the US system is facing a "critical moment" as the Trump administration rebuffs "hundreds" of claims made of Trump breaking the law.
The result in America has been to seed and grow a distrust in the US legal system, one which Whiting says will continue to take root for years to come.
“It's a fantasy to think that with the next president – whether the next president is a Democrat or Republican – things will go back to normal,” Whiting says.
“Some of the changes that have occurred will remain, some will take a lot of time to rebuild.”
Why repairing Trump’s damage needs to start now
He says that legal processes that took decades to build that have been "honoured and cherished" under previous presidents are being torn down under Trump's second leadership.
These include the distinct separation between the White House and the US Justice Department, where the president-selected attorney general would have once had authority over who the US government pursues for prosecution. Under Trump, it's him who's calling the shots and directing its targets.
Trump has instructed the Justice Department on investigations into individuals he dislikes, pardoned friends and supporters of their crimes, and targeted individual law firms who have been involved in cases against him.
The president has also chosen to appoint people loyal to his MAGA cause to senior positions in the Justice Department, such as current attorney general Pam Bondi, who was previously one of his defence lawyers during his first impeachment trial.
“It will really change the department, and that will be a difficult thing to undo, because what will the next administration do? Fire everybody who was hired under this administration? Will they return to the Civil Service protections?” Whiting asks.
“Those are really complex questions that people thinking about the future will have to start thinking about now.”
Trump’s dangerous impact on the structure of US government
Trump has also directed investigations into members of his first administration, such as Chris Krebs – who Trump accused of treason – and Miles Taylor, who also criticised the president.
“It is very chilling for people who work in government to think that at any moment, because doing their job honestly and faithfully could get them in the crosshairs,” he says.
“I think that will deter good people from coming into government and affect people in government in the way they do their job.
“It's hard to imagine that people around the president are giving him honest advice and direct information on things that are happening. “
Whiting says the Trump' administration is not consistent with the principles of democracy – and the American people are becoming aware of this, with No Kings protests recently taking place across an estimated 50 US states, to stand up against the president.
“People are beginning to have a sense that the administration is running the government like the President is a king, and is using the government to enrich his family and also to further his own personal agenda.”
Will US democracy survive?
But despite his disillusionment in the US legal system as it currently stands, Whiting insists that he still believes in American justice.
"The traditions of the Department of Justice, which have been challenged, and in some cases torn down, remain strong and there are a lot of people in the country who believe in them, and will want to return to them," he adds.
"I don't think it is why people elected this president, and I think that it's going to be difficult to repair the damage, it's like a hurricane that has come through and caused amazing damage.
"Within this country, there is a deep commitment to democracy, the rule of law, the norms and traditions that the department represents."
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