Justice Department Policy: Lawful Evolution

The United States Department of Justice (DOJ) is a federal executive department of the US government that oversees the domestic enforcement of federal laws and the administration of justice. It was created in 1870 by President Ulysses S. Grant and is headed by the US Attorney General, who reports directly to the President.

The DOJ is responsible for developing and implementing policy initiatives, coordinating with other government agencies, and advising the Attorney General and Deputy Attorney General. It also reviews and coordinates all regulations and policies promulgated by the Department and its components.

The DOJ's mission is to uphold the rule of law, keep the country safe, and protect civil rights. It is composed of over 40 separate organisations and has field offices in all US states and territories, as well as in over 50 countries worldwide.

The process by which DOJ policies become law is complex and involves coordination with various government agencies and officials. It involves the development, review, and implementation of policies and regulations, as well as consultation with the Office of Management and Budget and the White House.

The Justice Department's mission to uphold the rule of law, keep the country safe, and protect civil rights

The US Department of Justice (DOJ) is committed to its mission of upholding the rule of law, keeping the country safe, and protecting civil rights. The department's work is guided by these three co-equal priorities, which are reflected in its various initiatives and programs.

Upholding the rule of law is a key priority for the DOJ, which includes protecting democratic institutions and ensuring the independence and impartiality of the justice system. This involves following the facts and the law without prejudice or improper influence, and holding accountable those who violate the law, including corporate criminals and those engaged in COVID-19 fraud. The DOJ also works to uphold the rule of law by supporting law enforcement agencies and maintaining public safety, including addressing gun violence and working to prevent and combat human trafficking and drug trafficking.

Keeping the country safe is another critical aspect of the DOJ's mission. This includes combating various forms of crime, such as violent crime, cybercrime, hate crimes, terrorism, and the proliferation of weapons of mass destruction. The DOJ also works to enhance national security and counter domestic terrorism through initiatives like the National Strategy for Countering Domestic Terrorism. Additionally, the department prioritizes protecting the country from nation-state threats and hostile foreign nations.

Protecting civil rights is a fundamental part of the DOJ's mission. This includes enforcing federal statutes prohibiting discrimination on various grounds, such as race, colour, sex, disability, and religion. The Civil Rights Division, created in 1957, works to uphold the civil and constitutional rights of all persons in the US, especially vulnerable members of society. The DOJ also protects reproductive rights and supports fair elections by investigating and pursuing violations of federal voting laws. Furthermore, the department prioritizes protecting the rights of older adults and addressing financial fraud and scams targeting this population.

The Justice Department's role in preserving civil rights

The US Department of Justice (DOJ) is composed of more than 40 separate organisations and over 115,000 employees. The DOJ's mission is to uphold the rule of law, keep the country safe, and protect civil rights. The Attorney General of the United States leads the Justice Department.

The DOJ's Civil Rights Division, created in 1957 by the enactment of the Civil Rights Act of 1957, works to uphold the civil and constitutional rights of all persons in the United States, particularly some of the most vulnerable members of society. The Division enforces federal statutes prohibiting discrimination on the basis of race, colour, sex (including pregnancy, sexual orientation, and gender identity), disability, religion, familial status, national origin, and citizenship status.

The DOJ's Office of Legal Policy (OLP) serves as the primary policy advisor to the Attorney General and the Deputy Attorney General. The OLP also assists the Attorney General with responsibilities in recommending candidates for federal judgeships and coordinates the judicial nomination and confirmation process with the White House and the Senate.

The Civil Division of the DOJ represents the United States, its departments and agencies, Members of Congress, Cabinet Officers, and other federal employees in any civil or criminal matter within its scope of responsibility. The Civil Division's responsibilities include defending against challenges to federal programs, ensuring the Federal Government speaks with one voice in its view of the law, preserving the intent of Congress, advancing the credibility of the government before the courts, and protecting the public fisc (the U.S. Treasury).

The DOJ also works with other federal departments, including Health and Human Services, Transportation, Environmental Protection, Homeland Security, and Housing and Urban Development, to uphold civil rights laws and advance environmental justice in communities across the United States.

The Justice Department's work to protect sensitive information

The US Department of Justice (DOJ) is committed to protecting sensitive information. The DOJ's mission is to uphold the rule of law, keep the country safe, and protect civil rights. This involves navigating the complex landscape of information sharing, which is crucial for effective decision-making, aiding prosecution, and enabling law enforcement officers and first responders to act appropriately. However, information sharing also poses risks to privacy, civil liberties, and civil rights if not properly secured and shared with authorised individuals only.

The DOJ recognises the importance of safeguarding sensitive information and has implemented several measures to ensure its protection. Firstly, the DOJ emphasises the use of secure websites for sharing sensitive information. Official government websites in the United States use the ".gov" domain, and secure websites have a lock symbol or "https" in the URL, indicating a safe connection. The public is advised to share sensitive information only on these official and secure websites.

Additionally, the DOJ has established policies and guidelines to govern the handling of sensitive information. This includes privacy policies and security controls to ensure that data is managed, safeguarded, and shared securely. For example, the White House National Strategy for Information Sharing recognises the critical role of information sharing in preventing terrorist attacks and improving law enforcement. The DOJ also works to combat various forms of crime, including corporate crime, COVID-19 fraud, cyberattacks, domestic terrorism, elder justice, gun violence, hate crimes, human trafficking, and opioid awareness. In each of these areas, the protection of sensitive information is paramount to ensuring the safety and security of the nation and its citizens.

Furthermore, the DOJ's Office of Legal Policy (OLP) plays a key role in developing and implementing significant policy initiatives. The OLP also serves as the primary policy advisor to the Attorney General and the Deputy Attorney General. It reviews and coordinates all regulations promulgated by the Department and assists in recommending candidates for federal judgeships. As of 2024, the OLP also houses the DOJ's emerging technology team, addressing cybersecurity and artificial intelligence initiatives.

The DOJ's commitment to protecting sensitive information is evident in its proposed rule to address national security risks posed to Americans' sensitive data. This rule aims to prevent access to Americans' bulk sensitive personal data by countries of concern, such as Russia, Iran, and China. The proposed rule establishes categorical restrictions on certain data transactions, identifies exempt transactions, and sets processes for issuing licenses and advisory opinions. It also addresses due diligence obligations for covered transactions. The DOJ sought public comment on the proposed rule, demonstrating its commitment to transparency and collaboration in protecting sensitive information.

The Justice Department's work to prevent terrorism

Counterterrorism Efforts

The Counterterrorism Section (CTS) within the National Security Division (NSD) of the Department of Justice plays a crucial role in preventing and disrupting acts of terrorism worldwide that impact US interests and citizens. CTS investigates and prosecutes domestic and international terrorism cases, as well as matters involving torture, genocide, and war crimes linked to terrorist groups and individuals. The creation of a domestic terrorism unit within the NSD demonstrates the department's commitment to countering rising extremist threats within the United States. This unit comprises dedicated attorneys who focus on handling and coordinating domestic terrorism cases effectively.

Information Sharing

The Justice Department recognizes the critical role of information sharing in preventing terrorism. The White House National Strategy for Information Sharing emphasizes that gathering, analyzing, and sharing information is essential to thwarting terrorist attacks. The department works to ensure that law enforcement officers have access to the necessary information to make effective decisions, aid prosecutions, and take appropriate action. This includes sharing criminal history, warrant records, and other relevant data to enable officers to make arrests and maintain community safety.

Policy Initiatives and Coordination

The Office of Legal Policy (OLP) within the Justice Department plays a pivotal role in developing and implementing significant policy initiatives. OLP coordinates with various department components and other Executive Branch agencies, serving as the primary policy advisor to the Attorney General and Deputy Attorney General. OLP's work involves reviewing and coordinating all regulations promulgated by the department and its components. Additionally, OLP assists in recommending candidates for federal judgeships and coordinating the judicial nomination and confirmation process.

Support for Victims of Terrorism

The Department of Justice also prioritizes supporting victims of terrorism, both domestically and abroad. The Office of Justice for Victims of Overseas Terrorism (DOJ/OVT) provides crucial assistance to US citizens affected by overseas terrorism. They help victims navigate foreign criminal justice systems and advocate for their rights and participation in foreign terrorism prosecutions. The department also has a Victims of Terrorism Abroad Task Force that works to support US victims and their families.

International Cooperation

The Justice Department collaborates with international partners to combat terrorism. For example, the department has worked with the Guantanamo Bay Detainees to make forum decisions for detainees, demonstrating its commitment to upholding the rule of law and protecting civil rights even in the context of counterterrorism efforts.

Use of Criminal Justice System

The US government has recognized the effectiveness of the criminal justice system as a counter-terrorism tool. The Obama administration, in particular, emphasized the use of intelligence, military operations, and the criminal justice system to fight terrorism. The system has proven successful in incapacitating terrorists and gathering valuable intelligence from and about them.

The Justice Department's work to combat human trafficking

The Department of Justice is committed to upholding the rule of law, keeping the country safe, and protecting civil rights. The department's work to combat human trafficking involves the efforts of many of its components, including the Civil Rights Division, Criminal Division, U.S. Attorneys' Offices, Federal Bureau of Investigation, and Office of Justice Programs.

The Civil Rights Division's Human Trafficking Prosecution Unit (HTPU) was created in 2007 to bring together the expertise of some of the nation's top human trafficking prosecutors. HTPU works closely with Assistant United States Attorneys and law enforcement agencies to streamline trafficking investigations, ensure consistent application of trafficking statutes, and identify multijurisdictional trafficking networks. The unit also plays a leading role in formulating and implementing enforcement initiatives, strengthening strategic partnerships, and developing and delivering capacity-building programs on best practices in survivor-centered human trafficking investigations and prosecutions.

The Child Exploitation and Obscenity Section (CEOS) leads the Criminal Division's campaign against the sexual exploitation of children, including child sex trafficking. Within CEOS is the High Technology Investigation Unit, which provides critical and innovative support to cases involving digital media. CEOS also shapes domestic and international policy, launches investigations, and provides guidance and training to prosecutors and agents within and outside the federal government.

The Money Laundering and Asset Recovery Section (MLARS) leads the Department's anti-money laundering and asset recovery efforts, specifically against human trafficking. MLARS investigates, coordinates, and prosecutes complex, multi-district, and international money laundering and criminal and civil asset forfeiture cases against suspected human trafficking groups and their assets. They also provide legal and policy assistance and training to federal, state, and local prosecutors and law enforcement personnel, and assist interagency policymakers by developing and reviewing legislative, regulatory, and policy initiatives.

The Office of Overseas Prosecutorial Development Assistance and Training (OPDAT) strengthens international capacity to combat human trafficking by providing technical assistance and training programs overseas. OPDAT draws on the expertise of experienced trafficking prosecutors to provide expertise and assistance in drafting and implementing anti-trafficking legislation, investigating and prosecuting human trafficking crimes, and assisting victims.

The Federal Bureau of Investigation (FBI) investigates human trafficking and supports victims through its Crimes Against Children and Human Trafficking Prosecution Unit, and the Victim Services Division. The Crimes Against Children and Human Trafficking Unit (CACHTU) has programmatic oversight over all FBI-led human trafficking investigations, including sex trafficking, labor trafficking, and domestic servitude. The Victim Services Division (VSD) ensures that identified victims are notified of their rights, provided with services, and receive tailored assistance throughout the investigative and criminal justice process.

The Department of Justice's efforts to combat human trafficking also include the work of the National Indian Country Training Initiative, which provides training for federal, state, and tribal criminal justice and social service professionals working on public safety issues in tribal communities, as well as the Office of Justice Programs and its various offices, such as the Office for Victims of Crime, which provides funding, training, and technical assistance to enhance the nation's capacity to assist crime victims.

Frequently asked questions