Section 3 · The General Welfare
17 Department of Justice
- 8 done
- 25 partially done
- 3 attempted
- 28 not started
What has happened
The Mandate said
“One example includes potentially seeking the overruling of Humphrey's Executor v. United States. … The next conservative Administration should formally take the position that Humphrey's Executor violates the Constitution's separation of powers.”
What happened
Done
Trump v. Slaughter: the Court (6-3, Roberts, C.J.) held the FTC's for-cause removal protection unconstitutional and overruled Humphrey's Executor v. United States.
The Mandate said
“Enforce the death penalty where appropriate and applicable. … The next conservative Administration should therefore do everything possible to obtain finality for the 44 prisoners currently on federal death row. It should also pursue the death penalty for applicable crimes—particularly heinous crimes involving violence and sexual abuse of children—until Congress says otherwise through legislation.”
What happened
Partially done
DOJ said it had rescinded the Garland moratorium on federal executions and authorized seeking death sentences against 44 defendants; it readopted the first-term pentobarbital execution protocol, added the firing squad as a manner of execution, and sent Congress a legislative proposal. No federal execution had been carried out yet.
The Mandate said
“Pursue proactive litigation to advance the federal government’s interests in areas where erroneous precedent curtails authorities provided by Congress (for example, by pursuing the overturning of the Flores Settlement Agreement).”
What happened
Attempted
DOJ moved in the Central District of California in May 2025 to terminate the Flores Settlement Agreement; Judge Gee denied the motion in August 2025 and the government appealed (Ninth Circuit No. 25-6308, Flores v. Bondi), where twenty states filed an amicus brief against termination on 2026-01-28. The agreement remains in force; the appeal was argued in mid-2026 and no decision was found.
- Amicus brief of California and 19 other states, Flores v. Bondi, No. 25-6308 (9th Cir.), on appeal from C.D. Cal. No. 2:85-cv-04544 — recites the government's motion to terminate and its appeal
- California Attorney General press release: Bonta leads multistate amicus brief opposing Trump Administration's attempt to terminate the Flores Settlement Agreement
The Mandate said
“Enforce the death penalty where appropriate and applicable. … The next conservative Administration should therefore do everything possible to obtain finality for the 44 prisoners currently on federal death row. It should also pursue the death penalty for applicable crimes—particularly heinous crimes involving violence and sexual abuse of children—until Congress says otherwise through legislation.”
What happened
Attempted
Presidential memorandum directed the Attorney General and the U.S. Attorney for D.C. to seek the death penalty in all appropriate District of Columbia cases and to pursue federal jurisdiction over death-eligible D.C. crimes.
The Mandate said
“One example includes potentially seeking the overruling of Humphrey's Executor v. United States. … The next conservative Administration should formally take the position that Humphrey's Executor violates the Constitution's separation of powers.”
What happened
Attempted
In the FTC case the Court stayed the district court's reinstatement of Commissioner Slaughter, granted certiorari before judgment, and directed the parties to brief whether Humphrey's Executor should be overruled (No. 25-332).
Still to come
Executive action 25
- Printed page 556 Restart the China Initiative Major Not started
- Printed page 562 Enforce 18 U.S.C. 1461-1462 against mailed abortion pills Major Not started
- Printed page 549 Move the FBI out of the Deputy AG's supervision to the Criminal and NSD AAGs Notable Not started
- Printed page 551 Strip the FBI's Office of General Counsel and move legal services to DOJ Notable Not started
- Printed page 551 Eliminate every FBI office abolishable without Congress Notable Not started
- Printed page 564 Investigate and prosecute the Pennsylvania Secretary of State under 18 U.S.C. 241 Notable Not started
- Printed page 571 Refocus the Bureau of Justice Statistics on core crime statistics Notable Not started
- Printed page 557 Review all public DOJ policies, investigations, and cases before January 20, 2025 Minor Day one Not started
- Printed page 550 Redirect FBI notifications and approvals to the relevant Assistant Attorney General Minor Not started
- Printed page 551 Eliminate the FBI's own Offices of Congressional Affairs and Public Affairs Minor Not started
- Printed page 551 Shift FBI resources to field offices and shrink headquarters staff Minor Not started
- Printed page 552 Require every U.S. Attorney to produce a violent-crime reduction plan Minor Not started
- Printed page 556 Launch public education programs on threats from China and Iran Minor Not started
- Printed page 558 Intervene in matters where old consent decrees still bind parties Minor Not started
- Printed page 562 Move 18 U.S.C. 241 election prosecutions to the Criminal Division Minor Not started
Needs Congress 3
All recommendations in this chapter
Every recommendation this chapter is the home of, in printed-page order.
- Printed page 549 Review all active FBI investigations and terminate unlawful ones Partially done
- Printed page 549 Detail DOJ attorney appointees to catalogue questionable FBI activities Partially done
- Printed page 549 Issue a public report on the FBI investigations review Partially done
- Printed page 549 Move the FBI out of the Deputy AG's supervision to the Criminal and NSD AAGs Not started
- Printed page 550 Redirect FBI notifications and approvals to the relevant Assistant Attorney General Not started
- Printed page 550 Prohibit the FBI from policing misinformation and disinformation Partially done
- Printed page 551 Strip the FBI's Office of General Counsel and move legal services to DOJ Not started
- Printed page 551 Eliminate every FBI office abolishable without Congress Not started
- Printed page 551 Eliminate the FBI's own Offices of Congressional Affairs and Public Affairs Not started
- Printed page 551 Shift FBI resources to field offices and shrink headquarters staff Not started
- Printed page 551 Seek legislation eliminating the FBI Director's 10-year term Needs Congress Not started
- Printed page 552 Require every U.S. Attorney to produce a violent-crime reduction plan Not started
- Printed page 553 Bring federal charges where local prosecutors let criminals evade responsibility Partially done
- Printed page 553 Sue local officials and District Attorneys who refuse to prosecute crimes Attempted
- Printed page 554 Require line attorneys to pursue mandatory minimums under the ACCA Done
- Printed page 554 Support the Restoring the Armed Career Criminal Act Needs Congress Not started
- Printed page 554 Carry out federal executions and pursue the death penalty Partially done
- Printed page 555 Prosecute interstate drug activity including possession of distributable quantities Partially done
- Printed page 555 Aggressively deploy RICO against criminal organizations Done
- Printed page 555 Finalize the southwestern land border wall Partially done
- Printed page 556 Restart the China Initiative Not started
- Printed page 556 Launch public education programs on threats from China and Iran Not started
- Printed page 557 Review all public DOJ policies, investigations, and cases before January 20, 2025 Day one Not started
- Printed page 557 Prepare a plan to end policies, investigations, and cases contrary to law Day one Partially done
- Printed page 557 Have appointees repeat the case review upon inauguration Day one Partially done
- Printed page 558 End the double standard in the FACE Act prosecution campaign Done
- Printed page 558 Review all DOJ consent decrees and settlement agreements in force Partially done
- Printed page 558 Terminate unnecessary or outdated consent decrees Partially done
- Printed page 558 Intervene in matters where old consent decrees still bind parties Not started
- Printed page 558 Act on all cases, including those on appeal, as the review concludes Partially done
- Printed page 558 Prohibit settlement payments to third parties Done
- Printed page 559 Issue guidance aligning litigation decisions with the President's agenda Done
- Printed page 559 Discipline attorneys who pursue litigation contrary to the President's agenda Attempted
- Printed page 560 Seek to overturn Humphrey's Executor v. United States Done
- Printed page 562 Have DOJ spearhead a government-wide nondiscrimination initiative Partially done
- Printed page 562 Reorganize the Civil Rights Division to prosecute DEI discrimination Partially done
- Printed page 562 Enforce 18 U.S.C. 1461-1462 against mailed abortion pills Not started
- Printed page 562 Move 18 U.S.C. 241 election prosecutions to the Criminal Division Not started
- Printed page 564 Investigate and prosecute the Pennsylvania Secretary of State under 18 U.S.C. 241 Not started
- Printed page 564 Reject third-party demands for politically motivated investigations Not started
- Printed page 566 Review all federal DOJ grant disbursals Partially done
- Printed page 566 Overhaul the DOJ grant application process with stricter vetting Partially done
- Printed page 567 Issue guidance to U.S. Attorneys to prosecute immigration offenses Done
- Printed page 567 Help DHS obtain information on criminal aliens in sanctuary jurisdictions Partially done
- Printed page 567 Withdraw or overturn every immigration decision of AG Garland Partially done
- Printed page 568 Repromulgate every Trump-era immigration rule through rulemaking Partially done
- Printed page 568 Fund adjudication of immigration cases, including under Migrant Protection Protocols Partially done
- Printed page 568 Litigate to overturn the Flores Settlement Agreement Attempted
- Printed page 568 Enforce anti-discrimination law through the Immigrant and Employee Rights Section Done
- Printed page 568 Place appointees committed to immigration enforcement across DOJ Not started
- Printed page 568 Create a more vigorous anti-fraud program within EOIR Not started
- Printed page 569 Vastly expand the number of political appointees across DOJ Not started
- Printed page 569 End and recall all nonessential DOJ personnel details Not started
- Printed page 569 Review four years of DOJ misconduct findings and sanctions Not started
- Printed page 570 Review DOJ hiring practices and assess hiring committees for impartiality Partially done
- Printed page 570 Consolidate redundant DOJ HR, legal counsel, and public relations functions Partially done
- Printed page 570 Put political appointees over each division's public affairs officers Not started
- Printed page 570 Merge the Offices of Legislative Affairs and Public Affairs into one office Not started
- Printed page 570 Review the DOJ organizational chart and reporting chains Partially done
- Printed page 571 Seek congressional pay reform for Assistant U.S. Attorneys in the field Needs Congress Not started
- Printed page 571 Refocus the Bureau of Justice Statistics on core crime statistics Not started
- Printed page 571 Bar third-party contractor reports that look like official BJS reports Not started
- Printed page 572 Refocus National Institute of Justice research funding Partially done
- Printed page 572 Prioritize and fund the National Crime Victimization Survey Not started
No recommendations in this tier.
Also cited in this chapter
Recommendations whose home is another chapter but which this chapter repeats.
No recommendations in this tier.