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Former AG Gives Adam Schiff a Lesson in the Law
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Former AG Gives Adam Schiff a Lesson in the Law

One of the more unusual arguments to emerge from a Senate confirmation hearing this week was the apparent suggestion that political opponents of a president deserve a different standard when it comes to potential criminal investigations. That was the direction California Sen. Adam Schiff appeared to take while questioning former Attorney General John Ashcroft during a hearing for attorney general nominee Todd Blanche.

Ashcroft's response was direct and uncomplicated. Political hostility toward a president, he argued, does not place anyone beyond the reach of the law. If someone has violated federal law, the attorney general has a responsibility to investigate and enforce it regardless of whether that person is a political ally, an outspoken critic, or even a declared enemy of the president.


Schiff framed his questioning around whether it is appropriate for a president to call on the attorney general to prosecute political opponents. Ashcroft resisted accepting that premise, instead emphasizing that a president should advocate for consistent enforcement of the law rather than selective prosecution based on politics.

When Schiff suggested Ashcroft appeared comfortable with a president asking the attorney general to pursue enemies, Ashcroft clarified his position with a straightforward example. If an individual who happens to oppose the president commits a violent crime, there is nothing improper about expecting federal law enforcement to address that crime. The determining factor is the alleged violation of the law, not the political relationship between the suspect and the president.


Schiff then pointed to two recent controversies involving critics of President Donald Trump. One involved former FBI Director James Comey's social media photograph showing seashells arranged to read "86 47." Critics interpreted the message as a coded reference to removing the 47th president, while defenders argued it was being misread. The other centered on a video released by several Democratic lawmakers encouraging military personnel to refuse unlawful orders.

Among those lawmakers was Arizona Sen. Mark Kelly, who later discussed the issue on NBC's "Meet the Press." Kelly argued that service members should consider that actions appearing lawful today could later be judged illegal under future legal interpretations or different administrations. Supporters viewed the message as reinforcing the military's duty to reject unlawful orders, while critics argued it risked encouraging hesitation or disobedience even when orders appear lawful.


These incidents formed the basis of Schiff's concern that investigations could be politically motivated. Ashcroft responded by returning to the broader principle that has long guided the Justice Department: the law should be applied uniformly. He stated that if the president's political opponents have broken the law, they are no more immune from investigation than anyone else.


Ashcroft summarized that principle plainly. The attorney general, he said, has both the authority and the obligation to enforce federal law consistently, regardless of the political identity of those involved. He added that individuals who violate the law become adversaries not simply of a president, but of the public itself, noting that society has historically referred to such individuals as "public enemies."

Written by Arthur Higgens - July 20, 2026