Democracy on Trial, Part Two: Benjamin Wittes ’91 on the Justice Department, Authoritarian Drift, and How Citizens Push Back

12/12/2025 29 min

Listen "Democracy on Trial, Part Two: Benjamin Wittes ’91 on the Justice Department, Authoritarian Drift, and How Citizens Push Back"

Episode Synopsis

In the second half of their urgent conversation on Running to the Noise, Oberlin College President Carmen Twillie Ambar and Benjamin Wittes ’91 turn from the Supreme Court to the Justice Department. They dig into what happens when the power to prosecute is steered toward political ends. Together, they confront the implications of government lawyers misleading judges, career public servants being purged or sidelined, and federal prosecutions increasingly targeting political opponents with little regard for long-standing norms.Wittes, a senior fellow in Governance Studies at the Brookings Institution and co-founder and editor-in-chief of Lawfare, explains why the politicization of the Justice Department represents a distinct and dangerous inflection point for American democracy. Drawing on decades of reporting, relationships, and institutional knowledge, he illuminates why cases involving figures such as James Comey and Letitia James may be some of the clearest examples of vindictive prosecution in modern U.S. history.But this conversation is not just about institutions in distress. It is also about responsibility, imagination, and courage. Speaking directly to Oberlin students and young listeners, Wittes traces his own evolution from cautious, nonpartisan think-tank scholar to outspoken pro-democracy activist — projecting Ukrainian flags onto embassies, planting symbolic sunflowers, and rediscovering the defiant spirit he once had as an Oberlin student. His message is clear: civic virtue is not theoretical.This is a conversation about law, but also about hope, agency, and what it means to run toward the noise when democratic commitments are tested.What We Cover in this EpisodeWhy the politicization of the Justice Department poses a unique threat to democratic normsHow misleading federal courts and purging career professionals erode institutional capacity and public trustWhat “vindictive prosecution” looks like in practice, and why the cases against James Comey and Letitia James are so troublingHow shifts inside the FBI and DOJ could shape the rule of law for decadesWhy bipartisan commitments to prosecutorial restraint once held — and what it means that they no longer doBenjamin Wittes’s journey from nonpartisan analyst to visible pro-democracy activistA concrete call to Oberlin students and young citizens to stay engaged, resist intimidation, and act creatively in defense of democratic valuesEpisode LinksLawfarehttps://www.lawfaremedia.orgBrookings Institution – Governance Studieshttps://www.brookings.edu/topic/governance-studiesRalph Waldo Emerson“Politics”CNNJustice Department confirms in court filing it may prosecute Comey againNYTA Grand Jury Again Declines to Re-Indict Letitia James

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