Tag: doj
Blanche and Trump

Parachuting Into The Slush Fund Case, Blanche Proves DOJ Colluded With Trump

After studiously avoiding any role in the litigation of Trump’s IRS lawsuit—the one that gave rise to the bogus settlement agreement—the Department of Justice has suddenly parachuted into the Court of Appeals, where Trump is challenging the district court’s finding that the parties colluded and executed a fraud on the court.

The DOJ’s belated brief is plainly designed to argue that Judge Williams was mistaken in finding there was no real case or controversy because Trump controlled all sides. Its filing was designed to demonstrate that everything in the case was on the up and up, and in particular, the DOJ and Trump were not colluding with one another.

Instead, the filing shows the opposite. It reinforces the conclusion that the case was choreographed by the parties for DOJ to take a dive and Trump to emerge with the $1.776 billion slush fund and tax amnesty, ostensibly in return for the dismissal of his worthless and unconstitutional lawsuit.

Before Blanche’s confirmation, the Department had not even made an appearance in Trump’s lawsuit, one of the signal facts that Judge Kathleen Williams cited in concluding that the whole arrangement was a collusive fraud on the court. It spent 109 days on the sidelines. Meanwhile, the former federal judges who had advised Judge Williams responded to Trump in defense of Judge Williams’s ruling. At this point, the Ninth Circuit clerk recaptioned the case Trump v. 25 Former Federal Judges, underscoring DOJ’s absence.

The department’s plunge into the pool last Friday seems clearly to have been choreographed. First, Trump filed a motion styled “time-sensitive motion for stay,” which is not a thing. It also was not germane since Trump’s stay motion was being adjudicated in the district court.

Later that day, the DOJ dropped its filing, which it called “Defendants’ (not Appellants’) Response (not Opposition) to Appellant’s Time-Sensitive Motion for Stay.”

The DOJ attempts to support Trump and argue for the viability of the settlement, but challenges Williams while still arguing that it’s not on the same side as the president. It fails.

Recall the basics of this tangled and tawdry tale. Trump sued the IRS in his personal capacity over the Littlejohn leak, demanding $10 billion, then voluntarily dismissed his case under Rule 41. The very morning of the dismissal, the Department announced the settlement: in supposed return for the dismissal of Trump’s 100% worthless lawsuit, the Department bestowed the $1.776B “Anti-Weaponization Fund,” followed up with a gratuitous tax amnesty for Trump and family, conservatively worth another $100 million.

So the Department never lifted a finger to contest Trump’s claims, notwithstanding its successful defense of lawsuits just like Trump’s. Then, in coordination with Trump’s dismissal, it executed an immediate rollover and sweetheart offer, literally worth billions more than Trump’s meritless case.

In her opinion finding that the whole arrangement was a collusive fraud on the court, Judge Kathleen Williams emphasized the Department’s complete passivity. It showed, in essence, that the fix was in.

When Blanche was asked about Judge Williams’s opinion at his confirmation hearing, he was in equal measure insolent and insouciant. Blanche testified that he had read the Eleventh Circuit’s law and disagreed with Judge Williams. The apparent suggestion was that the Attorney General’s personal opinion of appellate precedent justified flouting the court’s order.

Trump too, the supposed adversary on the other side of the case, initially ignored Williams’s ruling entirely. For nearly three weeks after the July 13 order, he did nothing at all. Then, on August 1, he noticed an appeal, which certainly signaled that he doesn’t intend to just let the slush fund and amnesty wither on the vine.

Still no DOJ. The only parties who had shown up to argue the other side were the thirty-five retired federal judges who urged Williams to look hard at the fraud—and so the appeal now travels under the caption Donald J. Trump v. Thirty-Five Former Federal Judges. The caption alone tells the story: the United States, nominal defendant, has vanished from the “v.” entirely.

It was last week that the two bedfellows, Trump and the DOJ, got really cute. First, Trump filed a long and vapid “time-sensitive motion for stay” in the court of appeals. He already had moved for a stay in the district court, and Williams had not yet denied it, so he was plainly jumping the gun.

The reason became clear later that day when the DOJ jumped in with a “response”—not opposition—to Trump’s time-sensitive motion.

A better word might have been “endorsement.” Every argument in the DOJ brief supports Trump. Most notably, the Department insists that there was “adversity” in Trump’s tax lawsuit—i.e., it was a real case or controversy.

The main reason the DOJ claims there was adversity is that Trump had to settle for well less than the $10 billion he had sued for. So, the Eleventh Circuit is supposed to believe that the DOJ pushed hard and forced Trump to take “only” the $1.776 billion slush fund plus tax amnesty in return for the dismissal of his completely worthless lawsuit. That’s the best they’ve got on non-adversity.

The other principal argument is that “a party need not file a lawsuit in order to obtain a full settlement with the federal government.” That has it backwards. The billion-dollar payout runs through the Judgment Fund; the permanent appropriation Congress makes available for court judgments and the settlements of actual or imminent litigation. Subtract the legal mechanism, and what remains is a raw unauthorized raid on the treasury.

On a related note, the Department protests that if it really wanted to collude, it could have arranged it without Trump’s bringing a lawsuit at all. And that’s where the whole mess may be going: to a raw money grab not even disguised as an exchange for settling a lawsuit. Here, Mr. President; I love you and this is my way of showing it. Please help yourself to billions of dollars in taxpayer funds. Of course, this would amount not to a lesser offense than what Williams found, but a graver one, the kind of naked self-dealing the impeachment power exists to reach.

The balance of the brief is no more persuasive. The DOJ argues that the judge lacked jurisdiction because the voluntary dismissal divested her of it. They simply whiff on the point that the rules permit a reopening where there has been fraud on the court. It presents the outlandish settlement agreement as routine, but the implicit comparison is with cases that the Justice Department fought hard on the merits and then settled for a reasonable compromise amount. It pillories the district court for imposing sanctions at all, but the sanctions are the natural response, really the court’s only tool, for addressing the fraud.

Finally, the brief goes one step farther. It argues that Judge Williams should be kicked off the case. Their chief argument here is that the court ordered Trump, but not the DOJ, to answer certain questions going to whether the case was legitimate. That’s rich given that it was the DOJ that was purposely steering well clear of the litigation.

The implication of the argument is that the case was legit and the settlement agreement a fair arms-length exchange. And that means that the settlement is enforceable on its terms: Trump is entitled to both the slush fund and the tax amnesty. Todd Blanche’s empty representations to get confirmed do nothing to change that, as I wrote at the time.

The best way for the department to support Trump while being nominally opposed was to stay out of the fray. It worked for a time, until its very absence became a factor in the determination that the case was a collusive fraud on the court. Now it has to execute an impossible two-step: supporting Trump in every particular while feigning opposition to him. Gamblers call that taking a dive, and it’s done in order to fleece innocent players.

Here the marks are Trump’s usual suckers: the American people he is supposed to be serving.

Harry Litman is a former United States Attorney and the executive producer and host of the Talking Feds podcast. He has taught law at UCLA, Berkeley, and Georgetown and served as a deputy assistant attorney general in the Clinton Administration. Please consider subscribing to Talking Feds on Substack.

Reprinted with permission from Talking Feds.


Forced Retreat From Reflecting Pool Case Didn't Make Hero Of Unethical Pirro

Forced Retreat From Reflecting Pool Case Didn't Make Hero Of Unethical Pirro

It’s hard to imagine a more consummate and humiliating debacle than the complete retreat that the Department of Justice was forced to execute in the Reflecting Pool case.

It would loom even larger if the Department’s reputation were not already in tatters. Having staked a large portion of its remaining credibility on the charges against David Hearn, the 67-year-old former Olympic canoeist whom her office had accused of vandalizing the Reflecting Pool, U.S. Attorney Jeanine Pirro was reduced on Friday evening to confessing, in a twenty-page filing, that its whole theory was false: the Lincoln Memorial Reflecting Pool had been ruined not by vandals but by the administration’s own botched, rushed renovation.

Some observers gave the DOJ credit for belatedly doing the right thing, taking Pirro at her word: diligent prosecutors misled by a careless sister agency, who moved to dismiss the moment they learned the truth. In fact, Pirro had zero choice. A grenade had been hurled into her office, and she was forced to fall on it. No points here for virtue.

Pirro’s motion did not just fold quietly. It took the Interior Department to task for withholding what it knew, insisting that had the agency “been forthcoming with the information clearly in its possession, the government would not have sought a grand jury indictment.” And it repudiated the prosecution’s own theory, conceding that the damage “was the result of a botched installation and not vandalism,” and that “it is difficult to attribute the widespread damage to the Reflecting Pool to vandalism, let alone to establish that fact beyond a reasonable doubt.”

Pirro even put herself crosswise with the president, a friend and ally since the 1980s, who to this hour insists the pool was slashed with knives and box cutters and wants the case pressed. “I disagree 100% with Jeanine Pirro,” Trump fumed on Truth Social. “I don’t know what she was thinking?” For a prosecutor who has spent this administration as one of Donald Trump’s most reliable instruments, dismissing his pet case and blaming his renovation looks like a rare act of conscience.

The move that forced Pirro’s hand was the receipt of documents from the Department of the Interior demonstrating that the pool’s lining was peeling because of a rushed, failed installation—in other words, not because David Hearn tugged at a flap of it. That revelation is classic Brady material: evidence that supports the defendant’s innocence. Such material has to be turned over to the defense right away. Pirro’s own motion piously recites the point, reminding the court that “prosecutors have an affirmative obligation pursuant to Brady v. Maryland“ to produce such evidence to the defense—which takes some nerve, given that the reason she was writing was that the Brady bomb had just gone off in her hands.

So once those documents surfaced, Pirro found herself, like Odysseus, between Scylla and Charybdis. She could dismiss on her own terms, spinning the story as diligent prosecutors misled by a careless agency. Or she could turn the material over to Hearn’s lawyers and let them present it to Judge Todd Edelman—a former career public defender who, a week earlier, had already warned the government it was “operating at its own peril” in the case. Handed the Interior documents, he would have blown his top and dismissed the indictment himself, and potentially referred Pirro for disciplinary proceedings to her state bar.

Pirro’s hand was forced. The dismissal was not an unlikely visitation of virtue. It was damage control and cutting her losses. Her motion nonetheless drapes the retreat in principle, reciting that under “the Department of Justice’s Principles of Federal Prosecution, a criminal prosecution should only be maintained if the defendant ‘will more likely than not be found guilty beyond a reasonable doubt by an unbiased trier of fact and that the conviction will be upheld on appeal.’” She invokes the Department’s high charging standard as though walking away were an act of conscience rather than the only move left on the board.

Pirro’s immediate surrender served other, self-interested purposes. The prosecution was already so slapdash and improper that it raised the prospect of two looming train wrecks. The hasty dismissal is designed to avoid them both. We should hope some reckoning is still ahead.

The first is the distinct prospect of yet another gross impropriety in the grand jury. Hearn filed a motion on July 27, alleging that the government failed to present the grand jury with any evidence of damages. The administration had elevated what elsewhere were misdemeanor charges to a felony on the strength of a single statutory element: $1,000 or more in damage. Yet it apparently had no proof to offer of that amount of damages, or any amount. It is no different from charging a felon in possession and never introducing evidence of the gun.

And the hole was not incidental; the grand jurors saw it themselves. They questioned the government’s witness about the cost of the damage, and he could not quantify it. He testified, moreover, that the repairs would have been necessary regardless of anything Hearn did—the pool was already leaking more than a million gallons of water a week, its expansion joints past their service life, the liner already torn.

On that record, the grand jury somehow returned a felony indictment. Hearn accordingly moved for the full transcript and the instructions the jurors were given—a motion that, if granted, would have exposed how the prosecution steered a grand jury to a felony it had no evidence to support, and whether DOJ had once again committed misconduct behind those closed doors. Dismissing the case makes the question go away. For now.

The second glaring problem Pirro may hope to circumvent is her own flagrantly unethical conduct. When the indictment came down on July 2, Pirro did not let the charging document speak for itself, as DOJ norms require. She called a news conference and went well outside the record. “This is not only a priority for the president, but for myself,” she announced—publicly welding her office to Trump’s political grievance—and vowed, “We will prove beyond a reasonable doubt that Hearn willfully destroyed property at the Lincoln Memorial Reflecting Pool.” For good measure, she added that she had witnesses who saw him pull the lining up and destroy it, and that he faced up to ten years.

Making prejudicial, extrajudicial statements about a defendant is improper in itself, because it can taint the jury pool. It violates both DOJ policy and the state ethics rules that bind prosecutors. But it is far worse when the out-of-school statements are, as these sure now seem to be, whopping lies. A bar complaint over her handling of the Hearn case has already been filed in New York. Pirro can hope the spotlight on her conduct dims now that she has dismissed the case behind a skein of bromides about the Department’s high standards and the diligence of her prosecutors. She should not get that reprieve.

Which brings us to the telling gaps in Pirro’s own motion. Her defense, in essence, is that Interior misled her—that had she known the truth, she never would have charged. The first question that provokes is how the hell she rushed through a felony indictment without first checking with the responsible agency about the actual evidence.

And Interior does not concede that it left her in the dark. Interior Secretary Doug Burgum took to social media to contradict her outright, insisting his department “provided the U.S. Attorney’s office expert and eyewitness testimony to the damage done by vandals and provided every piece of evidence they asked for.” So the two arms of the government are now blaming each other in public—Pirro says Interior stiffed her; Interior says it handed her everything. It hardly matters which is lying: either way, Pirro charged a man with a felony she could not support.

And what about the witnesses she assured the public had seen Hearn tear up the pool? If they existed and were prepared to say he caused the widespread damage, they were prepared to perjure themselves—the government’s own records show that damage predated Hearn by weeks. So is the Department pursuing them? Were they friendly partisans, massaged into saying what the case required? Or did they never exist at all? The dismissal aims to bury those inconvenient, glaring questions.

A pedantic aside that I can’t resist. Pirro’s motion complains that Interior gave her office “less than fulsome” information—using “fulsome” to mean abundant. That usage has become common enough that the dictionaries now grudgingly allow it, but the older and better meaning is nearly the opposite: excessive to the point of being offensive or insincere, as in fulsome praise or fulsome flattery (more on the etymology of the word here). And that sense is almost too perfect here, because it was precisely the fulsome reinforcement of Trump’s false talking point—the swaggering, the boasts of tremendous evidence, the ten years—that produced this injustice in the first place.

All of this bluster and sloppiness gives the episode an element of farce. There is a Keystone Cops quality to the whole affair: Burgum insisting he could “absolutely” prove vandalism from the drained pool’s photographs, a president raving about a 300-foot slit cut with a box cutter, a U.S. Attorney promising tremendous evidence—all of it collapsing into a filing that concedes the pool fell apart due to the administration’s own botched renovation.

But the farce shouldn’t obscure the gravity—perhaps the purest instance of totalitarian abuse of the Trump years: the government cast a private citizen with no quarrel with Trump and no connection to the pool as the villain of a fiction, and moved to put him in prison for years.

The leader tells a lie everyone knows is a lie, and the machinery of the state sets about forcing the rest of us to repeat it, all the way to felony prosecution of a totally innocent bystander. That is what makes it the most perfectly Kafkaesque prosecution I can remember outside of the annals of fiction.

David Hearn went for a bike ride, stopped to touch a flap of coating that was already peeling, and put it back when a park employee asked him to. For that, the government of the United States tried to take ten years of his life. He is owed more than a dismissal. He is owed an apology—and the rest of us are owed an accounting of how the Justice Department came to be a willing and corrupt instrument of the president’s vanity.

Harry Litman is a former United States Attorney and the executive producer and host of the Talking Feds podcast. He has taught law at UCLA, Berkeley, and Georgetown and served as a deputy assistant attorney general in the Clinton Administration. Please consider subscribing to Talking Feds on Substack.

Reprinted with permission from Talking Feds.

Real Media Reform: Blocking The Paramount-Warner Merger Isn't Enough

Real Media Reform: Blocking The Paramount-Warner Merger Isn't Enough

Until a couple of months ago, we could get a dose of humor to help us get through the craziness, cruelty, and corruption of the Trump administration. But CBS pulled Steven Colbert off the air, not because of bad ratings; he had by far the most widely viewed network show at that hour.

The problem was Donald Trump is too thin-skinned to put up with a comedian poking fun at him regularly. As a result, he had Brendan Carr, his chair of the Federal Communications Commission, imply that the Ellison family’s effort to take over Paramount, CBS’s parent company, would be blocked if Colbert wasn’t fired. The Ellison family includes prominent Trumper, Larry Ellison, one of the richest people in the world, and David Ellison, his equally right-wing son who most immediately controls Paramount.

But taking over one of the country’s major broadcast networks wasn’t enough for the Ellisons. They also control TikTok, the fifth most widely used social media platform, which Trump wrestled away from a Chinese company and put in Larry Ellison’s hands.

And now, Paramount is looking to take over Warner Brothers. In addition to giving them control over two major Hollywood studios, the merger would allow Paramount to merge CBS’s newsroom with Warner-owned CNN. This would presumably mean arch-Trumper Bari Weiss would be in charge of CNN.

David Ellison put Weiss, who has long-established right-wing credentials, in charge of CBS News soon after taking over the network. In this role, she has already fired or driven away many serious reporters and repeatedly censored 60 Minutes, its highly regarded and widely watched investigative news show. We can expect more of the same at CNN if Paramount’s takeover of Warner is allowed to go through.

While Trump’s Justice Department’s antitrust division has greenlighted the Paramount-Warner merger, there is still a possibility it can be stopped. California and 11 other states sued to stop the merger on antitrust grounds. In addition to merging two of the major news networks, it would also consolidate two massive Hollywood studios.

An analysis by the Media and Consolidation Research Organization Lab, at the University of California, San Diego, found that the resulting reduction in competition would almost certainly mean fewer new movies are produced and less employment in the industry. It also would likely mean higher streaming prices for consumers. This is in addition to the problem of giving Trumpers even more control of the media.

There is at least some chance that the courts will block this merger on the merits. However, if it goes through the appellate process, the Republican Supreme Court may find the opportunity to provide another gift to Trump supporters irresistible. Still, the prospect of a years long delay could persuade Paramount to compromise and offer at least partial divestment of some of Warner Brothers holdings to facilitate the merger. In any case, the antitrust lawsuit raises the possibility of blocking the merger in its current form.

While further consolidation of the media and placing ever more of it in the hands of Trumpers is definitely bad news, it would be wrong to imagine that we previously had a golden age of media. News outlets owned and run by rich people tend to present news in a manner that is acceptable to the bosses. Stories about the upward redistribution of income over the last half-century, and anti-worker practices by businesses, tend to get short shrift. But there is no doubt they would get even less attention in a Trumper-controlled media universe.

However, we should be looking for something better. One route is a system of individual tax credits, say $100 per person, to support a person’s favorite news outlet(s). This would be a credit, not a deduction, and fully refundable, so even the poorest person would get a $100 to support the news outlet of their choice.

The model is the tax deduction for charitable contributions, except that everyone would get the same amount. There are many design issues that would have to be ironed out, but such a system could create a large pool of money to support news reporting in various forms that is not controlled by rich people.

This system also has the advantage that it can be done at the state or even local level. That means that cities run by progressives, like New York and Seattle, could pave the way by putting this sort of system in place. (Seattle’s new mayor, Katie Wilson, is a big supporter of this sort of system.)

It is hugely important to do what we can to block further consolidation of the media in the hands of the Trumpers. We also need to do other things, like reforming Section 230 to take away the special protection it gives the huge social media platforms. But the most important longer-term measure to protect a free press is to set up an alternative funding mechanism. An individual tax credit system is a promising route, but we need to get these alternatives on the table and start moving forward with them.

Dean Baker is a senior economist at the Center for Economic and Policy Research and the author of the 2016 book Rigged: How Globalization and the Rules of the Modern Economy Were Structured to Make the Rich Richer. Please consider subscribing to his Substack.


Foul Smell Arises From ICE Killing Of Longtime Houston Resident

Foul Smell Arises From ICE Killing Of Longtime Houston Resident

There was a time when the federal government’s record justified withholding judgment, when, in the wake of another gut-wrenching killing by ICE agents, a fair-minded person could count on the Department of Justice to investigate its own officers and bring charges if the facts warranted them.

That time is long past. ICE is now a rogue agency. It has lied about and obstructed the investigation of previous killings, and it has been regularly contemptuous of court orders. As the chief judge of the federal district of Minnesota wrote, “ICE has likely violated more court orders in January 2026 than some federal agencies have violated in their entire existence.” The presumption of regularity—the baseline courtesy we once extended to the government’s account of what its agents did—has been put through a wood chipper.

So when word emerged of another ICE killing—this one in Houston, of a longtime resident named Lorenzo Salgado Araujo—and ICE immediately claimed that the victim had “weaponized his vehicle” to run down an officer who fired only in self-defense, there was every reason to expect the worst.

And the worst is just what we’ve gotten—not just in the facts of the killing itself, but in the federal government’s apparent determination to circle the wagons and smother any effort to achieve justice.

It is a fetid, still-unfolding scandal, and it has come in four stages: the killing; the official excuse; the evidence that gives that excuse the lie; and the wagon-circling to foreclose any accountability.

Lorenzo Salgado Araujo was, by every measure, what our political leaders all claim to prize. 52 years old, he had lived in the country for 35 years, raising 3 sons—all U.S. citizens—whom he sent to college while running a construction business that gave dozens of other people jobs. He was diligently in the process of legalizing his immigration status.

As Bill Kristol put it, Salgado Araujo was a better American than the people leading our country.

Last Tuesday, July 7, Salgado Araujo woke up at his normal five a.m., got in his work van, and picked up his crew, comprising 3 other men, including his younger brother, Victor.

As he was on his way to work, at around 6:50 a.m., ICE agents confronted the van and delivered the fatal shots. The details remain murky but are coming into focus.

One particular heart-rending detail: That morning, Salgado Araujo’s wife, worried that something had gone wrong, called their eldest son, Ronaldo. Ronaldo drove to the site, found his father’s white van, but no sign of him. Then a video surfaced on his social-media feed: a man on the ground, shot, struggling. Ronaldo recognized his father instantly: not by his face, he said, but by his voice, crying for help as he lay bleeding out in the street.

Salgado Araujo arrived at Ben Taub Hospital, where all three of his sons had been born, carrying no identification. At the family press conference, a community leader asserted ICE agents removed all his personal identification. He therefore was logged in as a John Doe. He died hours later.

As we were learning about the killing, the Department of Homeland Security (DHS) issued an official statement. It cited no actual sources other than “information we are receiving.” People familiar with the ICE playbook could probably recite the account with their eyes closed.

DHS reported that Salgado Araujo had refused commands and “weaponized his vehicle in an attempt to run over an ICE law enforcement officer,” who fired “in self-defense.”

That’s more or less the identical account, down to the use of the word “weaponized,” that they proffered after the killing of Renée Good. But video evidence showed that the shot that killed Good was fired through her open driver’s side window, with the agent standing out of the vehicle’s path—severely undermining the claim that the shooter was defending himself from Good’s car plowing into him.

So Salgado Araujo’s killing and the official defense repeated the same rotten pattern as in the Good case. The third stage, as with Good, was the revelation of facts that make the official claims of self-defense look like a bald lie.

Good’s killing arose in the context of a robust, lawful demonstration. Consequently, there was a lot of video that rolled in. The 6:50 a.m. shooting on their way to a construction site is harder to piece together. Moreover, the ICE agents were not wearing body cameras, notwithstanding the promise in February in the wake of the Minnesota tragedies that DHS would “rapidly acquire and deploy body cameras to DHS law enforcement across the country.”

But there were three eyewitnesses: the three workers in the van with Salgado Araujo. Their accounts would be central to any bona fide investigation.

That makes ICE’s treatment of them particularly reprehensible. Instead of trying to elicit the facts from them, ICE put all three in immigration detention, apparently facing removal. The agency reportedly has imposed pressure on them to self-deport.

Fortunately, an attorney for the surviving passengers, Hugo Balderas-Ibarra, was able to speak to all of them, separately, in detention. Each of them flatly contradicts ICE’s self-defense scenario.

According to the lawyer’s account, all three passengers report that they were heading to work around 6:30 a.m. when an unmarked car pulled up behind them at a stoplight. When the light turned green, the unmarked car swung onto the shoulder, cut in front of them, and tapped its brakes. At that point, Salgado Araujo made a U-turn, and then the officers switched on their lights. According to the passengers, Salgado Araujo was on a road with heavy construction and crawling along at about five miles per hour.

One of the three, Jose Trinidad Rojas, wrote out his denunciation of ICE’s version by hand. “That is a lie,” Rojas wrote. “It is impossible for them to say that they were going to get run over … there were no officers in front of or behind the vehicle. They were on the sides.”

The ICE car rammed the van, not the other way around. Another ICE vehicle then pulled up on the other side, hemming them in.

An ICE officer proceeded to jump out of the unmarked car and ran at the van from the side, yelling “stop.” He began firing through the front passenger window. A shot hit Salgado Araujo in the abdomen. Victor, the brother, was in the passenger seat and said that when the officer fired the fatal shot, “the gun was in front of my face.”

If the witnesses’ unanimous and separate accounts are accurate, the ICE “weaponized vehicle” yarn fails outright. Salgado Araujo was not bearing down on the shooter, who shot through the front passenger window, so obviously was not in danger from the car.

One final wrenching detail. ICE was not even looking for Salgado Araujo or any of his passengers. Their target was a Guatemalan national who had nothing to do with Salgado Araujo, and who was nowhere in the vicinity. But supposedly someone in the van “resembled the target,” at least to the ICE agents.

Not so the aftermath. The feds appear to be waist-deep, and getting deeper, in a conspiracy to prevent the investigation of Salgado Araujo’s killing and stonewall any efforts to determine if a crime occurred.

A straight-shooting Department of Justice would initiate an investigation in the Civil Rights Division into whether the agents deprived Salgado Araujo of his civil rights in violation of 18 U.S.C. § 242. It’s the same charge that the officers who killed George Floyd were convicted of. The Department has employed it against law enforcement officers.

If the feds chose not to move forward, the assumption would be that the state authorities, who have a strong interest in possible homicide charges under state law, would get the baton, and that the feds would cooperate with their efforts, starting with the sharing of evidence.

With Todd Blanche’s DOJ, this normal approach is a pipedream.

First, the federal authorities appear to be undertaking efforts to prevent the most important evidence we now have, the eyewitness accounts, from ever seeing the light of day. All three witnesses were immediately taken into immigration detention and are now facing removal. If they are deported, the evidence walks out of the country with them.

As for the state of Texas’s efforts to look into the killing, the feds are actively trying to squelch it. Harris County DA Sean Teare revealed that “federal authorities continue exclusively handling all aspects in this case,” and that “access to key evidence remains under federal control.” The Houston Police Department issued a carefully worded statement: local law enforcement has “no independent jurisdiction to investigate federal agencies or federal law enforcement personnel who are acting in the course and scope of their official duties.”

That hedged account significantly understates Houston PD’s independent role. It incorporates the legal standard for federal immunity, roughly whether the federal agents’ conduct was necessary and proper. If a court were to determine that was the case, Houston law enforcement would be stymied; but that’s the whole issue that a state prosecution would take on. There is no law that strips a state of the power to investigate a killing within its borders simply because the killer wore a federal badge.

And most gallingly, the feds are not even pretending to undertake an investigation of the killing. They have announced a two-part inquiry. The DHS Inspector General—Joseph Cuffari’s office, currently sitting on more than six hundred open misconduct complaints against DHS employees—will “lead” the inquiry. But the Inspector General has no criminal jurisdiction over a homicide; at most, it can find that some internal deadly-force protocol was broken.

But never fear, the FBI is also on the case. Actually, never mind and start fearing: the FBI’s Houston office has announced that its inquiry will focus on whether Salgado Araujo assaulted a federal officer. They have opened a file on the victim and aren’t even looking into the killing. It’s akin to a kick to the dead victim’s stomach.

Even the most benign reading of the facts of Salgado Araujo’s killing screams out for a thorough investigation. The more sinister versions—fully warranted by ICE’s recent track record—present a litmus test for any Department of Justice.

A government that violates the Constitution, then lies about it, then circles the wagons to keep the lies from coming out, is failing that test in real time; worse, it gives every indication of indifference to, if not pride in, its derelictions. The deeply bitter irony is that the victim’s humility and dedication to the American dream were matched, point for point, by the government’s hubris and indifference to the rule of law.

It all doesn’t pass the smell test, meaning, in this case, it stinks to high heaven.

Harry Litman is a former United States Attorney and the executive producer and host of the Talking Feds podcast. He has taught law at UCLA, Berkeley, and Georgetown and served as a deputy assistant attorney general in the Clinton Administration. Please consider subscribing to Talking Feds on Substack.

Reprinted with permission from Talking Feds.

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