Prosecution among Friends: Presidents, Attorneys General, and Executive Branch Wrongdoing. By David Alistair Yalof. College Station: Texas A&M University Press, 2012. 196 pp.

Prosecution among Friends: Presidents, Attorneys General, and Executive Branch Wrongdoing. By David Alistair Yalof. College Station: Texas A&M University Press, 2012. 196 pp. In the decades since Watergate, every administration has faced charges of criminal misconduct. It is a fact of life for the modern presidency, which operates under greater public scrutiny, a proliferation of ethics codes and anticorruption laws, and an increase in offices charged with enforcing them. In general, either the Federal Bureau of Investigation (FBI) or Justice Department investigates those charges. But in some cases, special prosecutors or independent counsel have been named. David Yalofs book examines the conditions under which that decision is made. He aims to create "a framework to assess the need for special prosecutors" (p. 25). It is an important question. A special prosecutor increases public trust in the integrity of an inquiry, but there is a potential for abuse stemming from unchecked prosecutorial discretion and lack of accountability. Yalof generally favors routine procedures, but one critical consideration is who serves as attorney general. He seeks to link "the type of attorney general" and "the process by which the Department of Justice investigates executive branch wrongdoing" (p. 7). He delineates three types of attorneys general, according to their relationships with the president. Least connected is the "outer circle attorney general," one who is in the strongest position to head a "neutral investigation and prosecution" of executive misconduct (p. 27). The "inner circle attorney general," with personal or professional ties to the president, is less able to function independently in the absence of political checks to ensure impartiality. When an attorney general comes from the White House itself--the "Oval Office attorney general"--fair investigation "becomes a virtual impossibility" (p. 28). In 26 case studies, Yalof examines the interplay of each type with factors that contribute to the risk of investigatory bias: when the alleged misconduct involves the president, vice president, family members, or officials in Justice or the FBI. Political considerations also are salient: whether an election is upcoming, government is unified, or allegations implicate the current or prior administration. The book has several strengths. It is well written and evinces solid research, including use of archival documents. Yalof employs the case study method to good effect. By presenting so many, he necessarily treats them superficially, with some relevant details neglec0ted. But he is looking for broad patterns. His selections are meant to create "a rich tableau" (p. 32) of the choices facing an attorney general, and in that effort, he succeeds. Yalof also contributes to the literature on the unique nature of the attorney general's office, located at the nexus of law and politics. He criticizes customary senatorial deference to the president's choice, particularly Senate disinterest in the nominee's independence of the White House. Since the "success or failure of the investigatory process... begins with the choice of attorney general" (p. 7), greater Senate scrutiny is essential. His concluding chapter recommends scrutiny on a par with that of a Supreme Court nominee. …