The Justice Department is not a fourth branch of government. This is an obvious statement of fact, but many senior government officials and their defenders in the media appear to need a reminder. While Congress created the Office of the Attorney General with the Judiciary Act of 1789, they didn’t get around to forming the Department of Justice until 1870.
From day one, DOJ has been an executive branch agency, which means the buck stops with one person: the president. DOJ is not “independent” of the rest of government. It cannot override presidential or congressional authority. To suggest otherwise is to wish for a rogue actor within the federal government that could negate checks and balances.
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