Jack Goldsmith, the Learned Hand Professor of Law at Harvard Law School, called Republican attacks on Sen. Elissa Slotkin hypocritical, while warning that her remarks could discourage public service.
In an Oct. 19 commentary for Executive Functions, Goldsmith described Slotkin’s language about deterring graduates from administration jobs as imprudent. He argued that warnings of future accountability from both parties could make people reluctant to work in government. He also compared the dispute with the treatment of Bush administration officials after the 2008 election.
Slotkin spoke Oct. 13 at the University of Chicago, where Vox editorial director and podcast host Astead Herndon asked what Democrats could do if they gained control of Congress, including whether to pursue impeachment. Slotkin called for examining prominent examples of alleged corruption involving President Donald Trump and people who helped carry out his agenda. She wanted graduates considering administration jobs to hear a warning: “I want that deterrence message sent.”
Sen. Mike Lee of Utah accused Slotkin of threatening young Americans who want to serve their country. U.S. Office of Personnel Management (OPM) Director Scott Kupor said her comments endorsed political prosecutions to discourage government service.
Slotkin’s office said the exchange concerned congressional oversight and did not propose prosecuting people simply for accepting administration jobs. In an Oct. 19 interview with CNN, Slotkin said, “My point is, do not get yourself involved in illegal activity.”
The Congressional Research Service (CRS) describes separate roles: Congress can investigate executive branch conduct, while federal criminal charges are pursued by the executive branch. In written remarks prepared for a Sept. 30 speech, Slotkin discussed alleged misuse of taxpayer money and possible prison time.
Grand jurors in February declined to indict Slotkin and Sen. Mark Kelly over a video in which they told service members to refuse unlawful orders. Trump’s Jan. 20, 2025, executive order directed a review of federal enforcement during the preceding four years, citing his administration’s allegation of political misuse under his predecessor.
Voters will decide control of Congress in the Nov. 3 election.
