Tag: doj
Cassidy Hutchinson

Bring Me The Head Of Cassidy Hutchinson! Why Trump's Vendetta Will Fail

There’s an unsurpassed ugliness in watching the full might of the federal government bear down on a young woman whose offense was bravely telling the nation the truth about the president. Even by the standards of this administration’s long campaign of reprisal, the pursuit of Cassidy Hutchinson may be its nastiest and most repulsive move yet.

In June 2022, some 20 million Americans watched the 25-year-old aide to White House chief of staff Mark Meadows tell the House January 6 committee what she had seen unfold inside the Trump White House during the Insurrection. She had every reason to stay quiet: a career in Republican politics ahead of her and, by her account, a Trump-world lawyer who steered her toward saying less than she knew while dangling jobs in exchange for loyalty. She broke with him and spoke up anyway, at enormous personal cost. Her testimony was riveting and, to me and I think to the country, completely credible.

Now the villains she stood up to have seized power, and the president wants to see her in the dock. Prosecutors presented evidence against her to a D.C. grand jury. The Department of Justice is reportedly weighing perjury and obstruction charges, with an indictment request expected after the midterms.

Three points stand out: First, the investigation’s assignment to the Civil Rights Division is bizarre and a reflection of its political genesis. Second, it will never produce a conviction, as Hutchinson’s tormentors almost surely recognize. Third, if it ever sees the light of day, it likely will boomerang, with considerable damage to Trump and his administration.

The clearest indication of the political impetus is that the Civil Rights Division is running the case. For a DOJ alum, that detail leaps off the page.

The division, traditionally one of the crown jewels of the Department, is now a hollowed-out hackery run by Harmeet Dhillon, a Trump loyalist through and through. And it has no business near this case: the division oversees, or used to, a discrete set of offenses, and lying to Congress isn’t among them. The assignment smacks of a delivery to a hand-picked loyalist who makes up in devotion what she lacks in prudence and experience.

A perjury or false-statements case would normally run out of the U.S. Attorney’s Office in D.C., headed by Jeanine Pirro. But Pirro has suffered an astonishing run of grand jury defeats, from the “sandwich guy“ to six Democratic lawmakers whose only offense was reminding troops not to follow illegal orders to would-be fall-man for the Reflecting Pool debacle, David Hearn. Had this case landed on her desk, she probably would have been found hiding under it. So the case went to Dhillon, and it seems likely that the order came from Todd Blanche or someone above him.

We know what that someone wants. The Atlantic’s Sarah Fitzpatrick reported last week that Blanche’s and FBI Director Kash Patel’s jobs may ride on delivering indictments of Trump’s enemies, Hutchinson among them. One former official put it plainly: “The president wants indictments. He wants people in handcuffs. He wants the headlines.” Trump already fired one attorney general, Pam Bondi, in part for failing to jail his adversaries. The Hutchinson investigation, prompted by a referral from Trump allies Jim Jordan and Barry Loudermilk, began on Bondi’s watch. Blanche and Dhillon saw what happened to Bondi, and they can see Pirro hanging by a thread. More heads, more scalps. Get me Cassidy Hutchinson.

A president in political free fall weeks before the midterms might have better uses for his energy than pumping his legs in midair like Wile E. Coyote. But the reprisal agenda seems to matter more to Trump than anything, including his party’s fortunes.

Second, the case is a stone-cold loser, and any experienced prosecutor knows it.

Robert Jackson warned that the gravest danger in federal prosecution is the prosecutor who picks the person first and then goes looking for a crime. The corollary is maybe the most sacrosanct rule a federal prosecutor lives by: you don’t indict unless you’ve concluded the person is guilty and that 12 jurors will likely convict. Here, as with Comey, forget about it.

The geniuses in MAGA-land have fixed on Hutchinson’s testimony that deputy chief of staff Tony Ornato told her a story—in the presence of Bobby Engel, the head of Trump’s detail—that captured Trump’s crazed determination to join the marauders at the Capitol. According to that account, Trump said “something to the effect of, ‘I’m the f----ing president, take me up to the Capitol now.” He then reached for the steering wheel and, when Engel stopped him, lunged at Engel.

The supposed contradiction is that the Secret Service driver, in an interview months later, said he never saw Trump grab the wheel. That says nothing about whether Ornato told Hutchinson the story—in front of Engel, who said nothing to contradict it. And when the committee later questioned Ornato, he reportedly said not that the conversation never happened, but that he didn’t recall it. That’s the well-known dodge of a witness caught between a rock and a hard place, à la Emil Bove professing not to recall saying the Department might have to tell the courts “fuck you.”

What about building a case on the differences between what she told the committee early on, under the guidance of the Trump-supplied lawyer, and her later testimony? It won’t work. Federal law permits that theory—that one of two contradictory sworn statements must be false—for court and grand jury testimony, but not for congressional testimony. The DOJ would have to pick a specific lie and prove it. And for political reasons, the statement it picks has to be her truthful public testimony to the committee.

The same goes for prosecutors’ reported interest in who wrote a notecard for Trump during the riot. Hutchinson says she did; former White House counsel Eric Herschmann says he did. I’d bet on Hutchinson’s memory. But in any event, that’s what we’re talking about: a difference in memory, nowhere remotely near a crime.

Finally, we know what the prosecution would look like, and the likely jury reaction to it, because we have seen it before with our own eyes: a young woman under enormous pressure, inviting total ostracism in Trump-land, stepping forward to tell the truth. It’s doubtful a single juror, much less all 12, would vote to convict. And that is assuming the Grand Jury agrees to the prosecutors’ request to indict. That’s typically a layup, but with the office’s record and the weakness of the case, it looks more like a half-court heave.

Third, a prosecution would dredge up some of the most forceful evidence of the nature and gravity of Trump’s crimes, pushing back against his Orwellian project of erasing January 6.

That begins with Hutchinson’s boss. Meadows was by Trump’s side most of January 6, acting as the switchboard for the panicked calls from the Hill—including from senators like Ted Cruz and Josh Hawley who now profess outrage that Jack Smith obtained their toll records (a catalog of numbers dialed and duration of calls, and notably not the content of the calls), a completely routine and necessary move. Nobody knows more about Trump’s conduct that day. And most of what Hutchinson knows, she knows through him.

Meadows defied the committee’s subpoena, and the Garland Justice Department declined to prosecute him for contempt, a responsible call given his non-meritorious but plausible executive privilege defense. He cooperated in part with the Jack Smith investigation, a development that must have unnerved Team Trump. Since then, the administration has dodged that cannonball. A Hutchinson trial would put Meadows and his panoramic knowledge of Trump’s doings on January 6 at the center of the proceeding.

It would also resurrect the rest of her testimony: Trump hurling his lunch at the wall after Bill Barr told the AP there was no widespread fraud, ketchup dripping down the wallpaper; Trump urging the crowd toward the Capitol knowing many were armed.

Hutchinson herself would likely testify, a rarity for federal defendants but a natural move for her. And if the government called Ornato and Engel to contradict her, the cross-examination would be brutal. A jury, and the country, would get a fuller account than ever of what people inside the White House saw and thought that day.

Finally, the hounding of Hutchinson has an outsize moral dimension that lays bare the rot at the heart of the administration. James Comey, John Brennan, and Letitia James were all formidable figures, seasoned combatants with platforms, résumés, and the means to fight back against their reprisal prosecutions. Hutchinson was a brave 25-year-old junior aide who literally spoke truth to power.

It’s a contemporary-life version of timeless stories of dishonest and decrepit powers that be tormenting a young and righteous hero: Les Misérables, Joan of Arc, The Crucible, The Hunchback of Notre Dame. The moral chasm between the hunters and the hunted is oceanic.

They’d have to be blind with bloodlust, or terrified of Trump, to pursue this case. But as we know, that describes them precisely.

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.

Watters Pushed Reflecting Pool “Vandals” Story, But Now Conceals Humiliating Truth

Watters Pushed Reflecting Pool “Vandals” Story, But Now Conceals Humiliating Truth

Fox News host Jesse Watters’ coverage of the alleged vandalism of the Lincoln Memorial Reflecting Pool provides a useful case study in how the network’s MAGA stars respond to the collapse of their narratives.

Watters was a furious defender of President Donald Trump’s claims that vandals defaced the Reflecting Pool, then dropped the story completely rather than admit to his Fox audience that those claims were debunked. He still hasn't discussed the fact that prosecutors dropped charges and acknowledged that the damage resulted from “a botched installation and not vandalism,” or that the contractor has reportedly admitted fault.

Trump made renovating the pool an administration priority as he sought to beautify Washington, D.C., for the celebration of the 250th anniversary of the signing of the Declaration of Independence in July. But when the $14.7 million paint job Trump had ordered deteriorated just weeks after the pool was refilled, the president blamed “Deranged Vandals” for sabotaging his efforts by supposedly slashing the pool liner.

Watters emerged as the most strident supporter of Trump’s vandalism claims. While others in the MAGA commentariat seemed conspicuously uninterested in promoting the president’s narrative, Watters repeatedly portrayed the supposed vandals as America-hating leftists bent on destroying the country.

The Fox host scrutinized “tapes” of the purported vandalism he said had been provided by the Department of Interior, cited an anonymous official “confirming someone cut the liner,” and highlighted the Democratic donations and legal representation of David Hearn when the former Olympic canoeist was arrested after sticking his hands in the pool.

And so it was no coincidence that when the office of Jeanine Pirro, Watters’ former colleague at The Five who now serves as U.S. Attorney for the District of Columbia, secured felony charges against Hearn, she went on Watters’ show to take a bow.

“Fox News Alert: I hope Democrats enjoyed their little pool party, because Judge Jeanine just shut it down,” Watters said at the top of their July 2 segment. Trump “was fed up watching his new Reflecting Pool get savaged, so he sent his favorite attack dog to bite back — and she came armed with an indictment.”

“A lot of people, when this first happened with the pool, didn't believe the president that there was vandalism,” Watters told Pirro after that inadvertently revelatory introduction. “That's not the case.”

“Yes, it is not the case at all,” Pirro replied. “In fact, I was at the Reflecting Pool yesterday. There not only is a vandalism that is reflected in today's indictment, but there is a cutting of the liner of the pool, at the base of the pool for several yards across the pool.”

Pirro went on to claim that “someone was intent on doing incredible damage to the pool” and that those supposed vandals “are going to be made accountable, and in D.C. they will be.”

“I’m sure they will be,” Watters replied.

Watters has not returned to the Reflecting Pool story since that interview, according to a Media Matters review of the Nexis transcript database. (Charles Hurt, Watters' guest host on August 14, aired a correspondent segment that mentioned the DOJ had dropped charges in the case.)

He ignored the bombshell July 31 filing from Pirro’s office dropping charges against Hearn, citing new evidence “showing that the damage was the result of a botched installation and not vandalism.” The motion to dismiss cites documents showing the damage “was the result of flawed installation by the contractor, Atlantic Industrial Coatings (‘AIC’), and the rush to complete the project prior to events associated with the America 250 celebration in the weeks surrounding Independence Day 2026.”

Nor did he explain to his viewers that Trump subsequently posted that he disagreed “100%” with Pirro; publicly maligned her in the Oval Office; and reportedly considered removing her until she made a high-profile trip to the White House to explain herself.

Friday’s revelation from The New York Times that government documents show that the pool’s contractor “has told the Trump administration that errors in its own work and flaws in the repair plan, not vandalism, caused the pool’s new blue liner to peel and break loose,” went similarly unaddressed by Watters.

The smear got plenty of airtime — its repudiation got basically none. That’s how MAGA media operate as they attack Democrats and progressives in service of Trump.

Reprinted with permission from Media Matters

Joseph diGenova

White House Aide Hyped Joe diGenova's 'Investigation' Just Before He Quit

A day prior to Joe diGenova’s abrupt resignation from his position running Trump's “Grand Conspiracy” probe, diGenova ally and “special government employee” John Solomon — whose task force just declassified documents related to the probe, including notes from the FBI's interview of former Trump national security adviser Michael Flynn — was seemingly caught flat-footed, boasting of diGenova's role as part of a “buzzing accountability machine.”

On September 10, diGenova resigned from his Justice Department appointment running Trump’s “Grand Conspiracy” probe into Democratic political figures, law enforcement officials, and other perceived enemies of the Trump administration.

During the September 9 episode of his program Just the News No Noise, Solomon interviewed Flynn, who also praised diGenova, calling him “absolutely the right person” for the probe and a “pit bull-type prosecutor.” Solomon also claimed that the latest documents release was “about providing evidence to Joe diGenova and the prosecutors of the U.S. attorney's office in Miami and Fort Pierce.”

Solomon also appeared on Steve Bannon's War Room on September 8 ahead of the documents’ release, claiming that “there are some major cooperating witnesses that have now flipped to the state to working with Joe diGenova,” which will “accelerate the ability to bring accountability.”

Following diGenova's resignation, Solomon took to social media to reassure followers that the “Grand Conspiracy” investigation is still ongoing and that prosecutors are “continuing the work Joe started with a roadmap that includes subpoenas and some cooperating witnesses.” Meanwhile, Ryan Reilly reported for NBC that “a person familiar with the investigation” said that “Justice Department leaders had lost confidence in diGenova because they believed he was unfocused, moving too slowly and pursuing a path unlikely to succeed.”

Here is Solomon and Flynn's exchange on September 9:

JOHN SOLOMON (HOST): It isn't just about clearing Mike Flynn's name, though that's very important. It's also about providing evidence to Joe diGenova and the prosecutors of the U.S. attorney's office in Miami and Fort Pierce. They are now beginning to bring grand jury witnesses to begin securing indictments against those who weaponized the government from the summer of 2016 to January of ’25. Everything from the FBI and Russia collusion all the way to Jack Smith.

In that process, they have secured cooperation for one or two really significant FBI personnel. That's a really important thing. When someone in the middle of the drama says, we lied, we made it up, we didn't do that, that wasn't the truth, we set it up, it changes the ability of prosecutors to make a case, particularly in a partisan divide like we are in America.

Joe diGenova, the FBI, Kash Patel, Todd Blanche are getting their horses together now. For the first time, there is a buzzing accountability machine. And this — these documents today are already in the hands of prosecutors. They have it down in Florida. It would be called an overt act. It happened eight, nine years ago, which means it can't charge it itself.

…

MICHAEL FLYNN (GUEST): I just want to say, I appreciate what the Government Transparency Task Force is doing. You are working to get to the bottom of it, and I think that there's going to be more to come. In fact, I know there's going to be more to come.

I think that Joe diGenova is absolutely the right person at Fort Pierce and with this grand jury. I mean, Joe — and for people to know, I mean, Joe was one of the lawyers that I was consulting after I had gotten rid of my original lawyers and working closely with Sidney [Powell] to help us out. So, Joe is the right man to take this on. He is a pit bull-type prosecutor anyway, and he has the big strategic picture that I think that the country needs to have in a prosecutor that's going to dig and expose the truth. And that's what you guys did with this Transparency Task Force breaking story that you broke.

...

We have to bring these people to account. We have to — and I do believe that Joe diGenova is the right guy to build these various conspiracy cases to show that these people were undermining, not only guys like me, but they were undermining a duly elected president of the United States. They were undermining the Constitution of our country, and they and they basically did it, you know, in a very, almost — I would just say a criminal fashion. I mean, it's beyond corruption. It's criminal. And people are going to have to be held accountable.

Reprinted with permission from Media Matters

How A Corrupt And Incompetent Justice Department Is Damaging Public Safety

How A Corrupt And Incompetent Justice Department Is Damaging Public Safety

We have focused, for good reason, on a series of cases brought by the Trump Justice Department in rank violation of the most basic principles of due process and federal prosecutorial practice. The attorneys general who green-lighted them will live in infamy when the history of the Department of Justice’s corrupt work during Trump 2.0 is written.

Reprisal prosecutions brought for nakedly political reasons, like against James Comey and Letitia James, or “talking point prosecutions” against innocent defendants like David Hearn, brought to bolster a false public narrative, or outrageous surrenders of taking care of responsibilities for lawless sweetheart deals to Trump buddies will themselves mark this Department as the most corrupt in history.

It’s only gotten worse in the transition from Pam Bondi to Todd Blanche, who has been out front defending the 180-degree reversal of long-honored Department practice.

These cases have exacted outrageous costs on Trump’s enemies and bestowed outrageous benefits on Trump’s allies. All of them have brought great dishonor to the Department of Justice. All of them are characteristic of the sort of counterfeit justice found in authoritarian societies, not democratic societies governed by the rule of law.

The administration’s conversion of the Department of Justice into a law firm to further the personal interests and grievances of Donald Trump has deeply eroded credibility, built up over generations, since at least Watergate. The so-called presumption of regularity, basically a matter of trust and confidence that the Department was doing the right thing, is now in tatters.

But there is yet another downside to these systematic derelictions, and in some ways it is even more damaging.

The damage comes home to roost in other righteous cases that have always been the hallmark of the DOJ. We’re seeing cases that likely would have and should have proceeded to conviction coming up short, with tangible costs borne by the public.

Case in point: The trial earlier this year in a Washington courtroom of Moises Rivera-Luna, which for a second time ended in a hung jury.

Rivera-Luna is no sandwich-thrower. The Justice Department says he’s a ringleader of MS-13 who ordered murders in the United States from inside a Salvadoran jail cell more than a decade ago—the shootings and stabbings of young men in the D.C. area who had breached the gang’s codes. He is, in other words, exactly the kind of defendant a United States Attorney’s Office exists to convict, and twice now Jeanine Pirro’s office could not do it.

Cases like this, against ringleaders of interstate or international gangs, are among the most important that the Department brings. The DOJ is uniquely positioned to combat large organizations, and Congress has supplied the legal tools to do so.

I believe in the presumption of innocence, so the point here is not to insist that justice wasn’t done—it was the jury’s call whether the government proved its case beyond a reasonable doubt, and two juries declined to make it.

But I have spent a lot of time around DOJ prosecutions of organized crime, including in D.C., and everything about this one carries the presumption of credibility that MS-13 conspiracy cases have always carried. The defendant is very likely a very bad man, properly charged. The lead prosecutor, Nihar Mohanty, is a veteran who won convictions of Rivera-Luna’s co-conspirators in the same case back in 2013. These are, as one defense attorney who has tried nearly a dozen of them put it, cases that come with a playbook—cases that the Department has learned to bring successfully.

So how do you lose twice?

You lose it the way Pirro’s office is now losing a great many things. Before the MS-13 case was retried in April, the D.C. U.S. Attorney’s Office had won convictions in only four of eight federal trials before Washington juries since January. In the roughly dozen cases since, two defendants were acquitted outright, and four more juries hung, deadlocked and hopeless, reporting to the judge that they had reached an impasse. Roughly half.

That against the national numbers: Jurors convict at a rate of about ninety percent. I have practiced and taught in this field for decades, and I have never encountered a record remotely like this one—not in any office, state or federal, anywhere in the country. Judge Royce Lamberth, after nearly forty years on the bench, was similarly struck, remarking on the second MS-13 trial that he had never seen one quite like it.

It is important to understand why that ninety percent figure exists. It’s not because the system is rigged, and not because the juries are pushovers. It exists because a well-functioning Department of Justice charges prudently. Prosecutors, in the ordinary run of things, have enormous discretion over which cases to bring. In normal times, it is axiomatic that they may not and will not bring cases that don’t satisfy the Principles of Federal Prosecution. That means that—and these are two separate requirements—the prosecutors and supervisors have concluded that the defendant did the offense and that it is likely that the government will prove it beyond a reasonable doubt at trial.

That rock-bottom test is the foundation of every criminal trial in this country. Accumulated over fifty years of practice, it has meant that the Department of Justice goes into battle with a certain presumption of regularity and overall credibility with at least the run of jurors.

No more.

Pirro’s office has spent the presumption down to nothing, and that means that a generic juror in the district may well take their seat already jaundiced. They know about the sandwich guy. They know about the indictments that collapsed, the prosecutions the president openly demanded, the office convulsed by Trump-prompted firings and departures. So when a defense lawyer stands up and suggests that a witness shaded the truth or that the government has overreached, that juror is a more receptive audience than they would have been two years ago—because they have been given every reason to wonder whether this office plays by the same rules. It broke the rules in the cases the president wanted. Why would a juror assume it kept them here?

These are the hidden costs of the Justice Department’s corruption and fecklessness, and it is the part few people are talking about. The DOJ’s outrageous cases—the Comeys, the sandwich guys—are largely being lost. There is a rough justice in that (although I emphasize, it is “rough” because the defendants are still being subjected to completely unjust financial, emotional, and reputational harm). The cost lands somewhere else entirely: it is born one hundred percent by the public.

When Rivera-Luna walks out of that courtroom because the jury could not bring itself to trust the government that charged him, the price is not paid by Jeanine Pirro or by the president who installed her. It is paid on the streets of Washington—in the possibility of more violence, more victims from a man the Justice Department insists, with very good reason, is a ruthless killer.

The office says it will try him a third time in September, running the same script that failed twice. Perhaps a third jury will convict, but the deeper problem does not go away with one verdict, because a transnational gang’s ringleader is far from the last hard case they will face.

Here’s a case coming down the pike in the same courthouse, which would be hugely challenging and important for any DOJ: a conspirator in the 1988 bombing of Pan Am Flight 103. The Department has worked the case indefatigably, and it is a critical test of the U.S. criminal justice system, but the prosecutors are going to stand before jurors who have every reason to squint and with the equivalent of one hand tied behind their backs.

The responsibility and dishonor rest squarely with Jeanine Pirro and a Department led by Todd Blanche that is proud to champion the abrogation of the norms of generations of DOJ prosecutors. But make no mistake: it’s the public that pays the wages of the corruption.

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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