[buridan]

The 5th amendment applies to the Federal Government, not to the states. However, the Supreme Court has held that most Bill of Rights protections were “incorporated” into the 14th amendment due process clause & therefore apply to the states through the 14th.

[OneWingedShark]

The 5th amendment applies to the Federal Government, not to the states.

And the DOJ is federal government.

However, the Supreme Court has held that most Bill of Rights protections were “incorporated” into the 14th amendment due process clause & therefore apply to the states through the 14th.

I rather hate “incorporation” — it's some magical operation used to subdue the States. Consider the 1st Amendment, it is quite cleat that it applies to Congress, most states don't have a congress but incorporation makes the text magically change into 'legislature' and then applied to the states.