Jackley part of group advising Trump team on Justice Department transition

PIERRE, S.D. — South Dakota Attorney General Marty Jackley is calling for less politicization and improved communication with the nation’s top law enforcement agency under the next administration. The Pierre native traveled last week to President-elect Donald Trump’s Mar-a-Lago resort for his third time ever as part of a small group of state attorneys general advising Trump’s transition team on legal priorities.

He declined to specify who else was a part of the work group, but did note that they were outlining an approach intended to preserve the nation’s legal institutions, and that both close advisors to Trump — and the president himself — had been a part of these conversations.

“There has been a focus on the Department of Justice,” Jackley said of the advisory council. “I care about the people who work there, and I don’t like what it is drifting into.”

Jackley criticized what he sees as increasing politicization within the DOJ, particularly under President Joe Biden’s administration. He pointed to the appointment of a special counsel to investigate former President Trump’s alleged role in the Jan. 6 Capitol protests and the handling of classified documents. In a November letter, Jackley praised the DOJ’s decision to drop some charges but labeled the investigations “political prosecutions.”

“The Department of Justice has an important function, and it needs to become less political,” he said. “The timing of those prosecutions — dropped after the election — speaks for itself.”

Jackley’s concerns are rooted in his time as U.S. attorney for the District of South Dakota from 2006 to 2009, a role that gave him firsthand insight into the department’s capabilities. While he maintains a strong relationship with the current district attorney, Alison Ramsdell, he expressed frustration over the lack of meaningful collaboration with the DOJ under Attorney General Merrick Garland. When Garland visited South Dakota earlier this year — making stops in Sioux Falls and Indian Country to meet with tribal leaders — Jackley says that despite reaching out to visit with the U.S. attorney general, he never got a response, and he’s never spoken to the man in his life.

Contrast that with Eric Holder — attorney general under President Barack Obama — who Jackley said he had spoken with countless times.

“I made an effort to meet with him,” Jackley said, referring to Garland’s day-trip through South Dakota. “We didn’t hear back… I’ve had conversations with many attorneys general before where we talk about how the U.S. attorney general is doing, FBI’s working relationship with DCI, how things are going in Indian Country… These are things you would think the attorney general would want to ask, these are the conversations you would hope to have.”

Lessening politicalization and strengthening communication are part of a broader philosophy that Jackley would like to see the DOJ undertake, and what he’s advocating for to Trump and those close to him. He wants conservatives running the office, but simultaneously take an apolitical approach to matters of the law.

“The Department of Justice has a very important role in protecting our nation,” he said. “Part of that effort is a cooperative effort with U.S. attorneys and attorneys general… You have to make hard decisions and can’t just run to special prosecutors.”

Jackley emphasized his commitment to these priorities, while distancing himself from any speculation about personal ambitions tied to the advisory role.

“My only ask would be help at home. I am not looking for a job,” he said.

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