Tag: jerome powell
Worse Than The Old Boss: Todd Blanche Drives Justice To A New Low

Worse Than The Old Boss: Todd Blanche Drives Justice To A New Low

When Pam Bondi was sacked earlier this month, amid reports that her firing offense was, of all things, insufficient zeal in securing convictions of Trump’s enemies, the logical question was: just what more could she have done? Bondi had seemingly pulled out every possible stop to deliver the scalps to the King, foiled only by the checks that exist outside DOJ’s walls, especially grand juries that refused to indict the innocent targets she had placed before them.

At the time, the question seemed rhetorical. It wasn’t. In Todd Blanche’s three weeks as Acting AG, he has taken screws that seemed fully turned and tightened them another notch. His initial moves suggest that, hard as it is to conceive, he will be even more vicious, more slavish toward Trump, and more willing to jettison the public interest and the rule of law than was his consummately servile predecessor.

Meet the new boss. Worse than the old boss.

In 14 months, the shortest confirmed tenure of any Attorney General in 60 years, Bondi managed to eviscerate the mission and good faith of the DOJ to the point where courts that had always assumed the best of government lawyers had begun to assume the worst. It was the antithesis of justice without fear or favor, the Justice Department’s historic watchword: instead, Bondi’s DOJ delivered favor to Trump’s allies and tortured his enemies.

Yet in barely three weeks on the fifth floor, Blanche has done Bondi one better, which is to say the country one worse. The Department, in April, has moved to whitewash the criminal records of the worst January 6 offenders; fired career prosecutors for working righteous cases now in political disfavor; deployed loyalist assistants to intimidate the Federal Reserve in a manner both nakedly political and downright bizarre; and routed a reprisal perjury prosecution to a division with no conceivable jurisdiction over it.

Start with the most historically consequential. On Tuesday, the Department filed a bare-bones motion in the D.C. Circuit seeking to vacate the seditious conspiracy convictions of the worst January 6 offenders: eight Oath Keepers, including founder Stewart Rhodes, and four Proud Boys, including Joseph Biggs and Ethan Nordean.

These men were the architects of the worst assault on democratic self-governance in our lifetimes. Their prosecutions, for seditious conspiracy, arguably the most serious and demanding charge in the federal arsenal, were the hardest and proudest achievement of the largest criminal investigation in DOJ history.

The seditious conspirators had already received an outrageous windfall when Trump commuted their sentences on his first day back in office. Since then, he has embraced them as “hostages,” “unbelievable patriots,” and “warriors,” and called January 6 itself “a day of love.” The motion to vacate takes this grotesque revisionism to its logical conclusion.

The four-page motion offered no legal argument, no claim of innocence, no suggestion of prosecutorial error. It simply declared that dismissal “is in the interests of justice.”

Whose justice might that be?

On remand, the government will move to dismiss with prejudice, meaning no retrial is ever possible. The legal system will formally reflect that Stewart Rhodes and company committed no January 6-related crimes. At that point, these newly exonerated defendants will be positioned to sue the United States for malicious prosecution, just as Michael Flynn did, walking away with 1.25 million taxpayer dollars. A collection of pardoned January 6 defendants has already brought a class action against the Capitol police officers they overran that day, alleging excessive force. Rhodes and company can now wave their own dismissals with prejudice.

This is not, as Bondi and Trump might suppose, the triumph of one political faction over another. The whitewashing of the worst January 6 crimes is an offense against the entire country, Republicans and Democrats, MAGA and never-Trump alike. The convictions Blanche erases belonged to all of us.

The second item involves firing people for doing their jobs, and smearing them on the way out.

This week, the department fired at least four career prosecutors who had worked FACE Act cases under Merrick Garland, simultaneously releasing a 900-page “weaponization” report accusing those same prosecutors of selective enforcement. They got the knife and the smear at the same time.

The Freedom of Access to Clinic Entrances (FACE) Act was passed in 1994 with bipartisan support, its primary target the physical blockading of abortion clinics, with protections for houses of worship added to bring Republicans along.

The felony cases Garland’s prosecutors brought involved defendants who physically blockaded clinic entrances. Not people standing peacefully with signs. The cases were not close calls. In Washington, D.C., defendants forced their way into a clinic and blockaded the doors while a co-conspirator livestreamed it. In Mount Juliet, Tennessee, a coordinated group physically blocked a patient from receiving care while two ringleaders ran a deliberate deception operation to delay police. That is the conduct Blanche has now declared a firing offense to prosecute.

What makes this doubly perverse is the asymmetry Blanche has enshrined as policy: FACE Act cases involving houses of worship get the Justice Department’s full attention, as with the tenuous prosecution of Don Lemon for covering a protest in a St. Paul church; cases involving abortion clinics are now restricted to “extraordinary circumstances.” Same conduct, same statute, different outcomes depending on the political valence of the victim.

Then there is Tuesday’s drop-in visit to the Federal Reserve by two prosecutors in Jeanne Pirro’s office and an investigator.

Chief Judge James Boasberg had already quashed Pirro’s subpoenas targeting the Fed in March, finding that the government had produced “essentially zero evidence to suspect Chair Powell of a crime” and that the investigation was transparently designed to pressure Powell on interest rates. So Pirro dispatched two prosecutors, Steven Vandervelden and Carlton Davis, to show up unannounced at the Fed’s Washington headquarters and request a tour of the renovation project Trump has cast as the source of Powell’s supposed criminal exposure.

It is hard to overstate how anomalous this is. Prosecutors don’t make unannounced visits to subjects of an investigation and ask for a tour. Beyond that, the Fed is represented by counsel, Robert Hur, the former United States Attorney who investigated Biden’s handling of classified documents and found no basis for charges. Contacting a represented party without counsel present is a blatant ethical violation. Hur responded with a tart letter advising Pirro’s office that if it wished to challenge Boasberg’s ruling, the courts provided an avenue. That avenue is called an appeal. Pirro has yet to file one.

A word about Vandervelden and Davis. They are also the same Pirro soldiers who previously tried to indict six sitting Democratic members of Congress for taping a video urging military personnel they need not comply with illegal orders. Vandervelden has no prior federal prosecutorial experience; Davis previously served as a congressional staffer and has a single brief stint as an AUSA to his name.

The result: not a single vote to indict. It’s the first total shutout in federal grand jury practice that I’ve ever even heard about. The old saw is that a grand jury will indict a ham sandwich. It wouldn’t bite on the very different malodorous sandwich Vandervelden and Davis were serving.

The only plausible explanation for the Fed field trip is raw intimidation, a rattling of sabers, saying we still have you in our sights. Trump confirmed as much the next morning, telling Fox Business the probe would continue and that it was “more than a criminal probe.” The President of the United States, on camera, volunteered that his prosecutors are doing something other than pursuing criminal justice.

Finally, there is Cassidy Hutchinson, the then-25-year-old former White House aide whose June 2022 testimony remains one of the most consequential public accounts of Trump’s conduct on January 6. She was a loyal Republican staffer with no political animus toward Trump. She simply told the truth under oath, at considerable personal cost, against documented pressure from her Trump-supplied attorney not to, an attorney she eventually discharged.

The prospective perjury charge centers on her relaying what she had been told by White House Deputy Chief of Staff Tony Ornato about Trump lunging for the steering wheel of the presidential vehicle. The Secret Service agent in the car disputed the account; Ornato himself later claimed not to remember telling her. Relaying in good faith what a senior White House official told you is not perjury, by any stretch. The willful and material falsehood the charge requires is nowhere in evidence.

Bondi opened the inquiry in her final weeks as a last-ditch bid to please Trump. Blanche greenlighted the next step: assigning the matter to Harmeet Dhillon’s Civil Rights Division. Dhillon is a longtime Trump personal attorney, an ardent promoter of his 2020 election fraud claims, and an official who has described her mission as not merely slowing civil rights enforcement but “turning the train around and driving in the opposite direction.”

But perjury prosecutions are not her job. Every division in the Department has its own bailiwick. I don’t know of a single instance in which the Civil Rights Division has handled a congressional perjury case. There is no institutional authority to do so. The assignment is designed for one purpose: to show Trump that the Hutchinson prosecution is in the hands of a trusted enforcer.

What distinguishes Blanche, and has earned him particular contempt among former DOJ colleagues, is that he knows better. Bondi was over her head from day one, a Fox News personality dropped into the nation’s premier law enforcement institution. Blanche is a former Assistant United States Attorney who spent years in the Southern District of New York. He knows that the career prosecutors he has fired acted with integrity and dedication to justice. He knows the value of the traditions he is feeding through a meat grinder, because he was formed by them.

Blanche served in a Justice Department where it was forbidden for the White House even to communicate with DOJ about a pending case, and he knows precisely why that rule existed and what its abandonment means. Now he takes pride in turning that rule upside down.

At his first press conference as Acting AG, asked about Trump’s explicit public demands that DOJ investigate his political opponents, Blanche said: “It is true that some of them involve men, women, and entities that the president in the past has had issues with and believes should be investigated. That is his right, and indeed it is his duty to do that, meaning to lead this country.”

Whoa. The Acting Attorney General of the United States describes it as the president’s duty, and a function of his leadership, to order prosecutions of his political enemies. It is a breathtaking characterization of Trump’s corrupt agenda, now become the Department of Justice’s mission statement.

In three weeks, Blanche has made clear there is no floor he recognizes. He is all in, past Bondi, past any limiting principle. We thought we had seen the bottom. We hadn’t.

And that gives rise to one question, also unfortunately not rhetorical: how much lower can he drive the Department of Justice?


In Trump's Department Of Justice, Bootlicking Blanche Wields 'Weaponization'

In Trump's Department Of Justice, Bootlicking Blanche Wields 'Weaponization'

When then-Attorney General Loretta Lynch and former President Bill Clinton happened to meet on the tarmac in Phoenix, they said they exchanged pleasantries about life, family and Brexit. The June 2016 chat, which continued on her plane, lasted about half an hour.

Back then, it was long enough to create a scandal, an inappropriate breach, condemned by Republicans and Democrats alike.

There was the timing, in the middle of an FBI investigation of eventual Democratic presidential nominee Hillary Clinton’s emails.

And there was the breaking of a post-Watergate tradition: keeping the Justice Department independent, free from influence and pressure from any official, past or present. That Lynch’s boss, President Barack Obama, didn’t weigh in was further proof of that practice.

The corruption that ran through Richard Nixon’s White House taught everyone a lesson, it was thought.

Think again.

The MAGA universe that railed against “weaponization” of the Justice Department during President Joe Biden’s time in office is now instilling it as policy.

Don’t believe me?

Just listen to Todd Blanche, President Trump’s former defense attorney, auditioning to replace ousted Attorney General Pam Bondi while, for now, he’s acting in her place. Bondi reportedly displeased her boss, who never hid his passion for revenge, by failing to successfully prosecute his enemies.

And in his first press conference in the new job, Blanche made it clear he’s fine with Trump continuing his vendettas.

“We have thousands of ongoing investigations and prosecutions going on in this country right now, and it is true that some of them involve men, women and entities that the president in the past has had issues with and that he believes should be investigated,” Blanche said, as reported in The Washington Post.

“That is his right, and indeed it is his duty to do that.”

Blanche also said that if he is not the president’s choice as attorney general and is asked to take another job, that’s fine with him. “I will say, ‘Thank you very much, I love you, sir.’”

Now that’s downright embarrassing.

The Justice Department has been transformed from a place where accomplished, well-educated lawyers vied to earn a coveted spot into a place where the best are purged and replaced by people willing to sign up for an agenda set by the guy at the top.

It apparently never occurred to the rubber stamps in the current Department of Justice that perhaps it wasn’t a failure of effort but the flimsiness of the charges — along with the resolve and good sense of judges and grand juries — that made the legal attacks on Trump’s self-proclaimed enemies a waste of time and taxpayers’ money.

There was collateral damage, including the smearing of reputations and the need for high-profile targets, such as former FBI director James Comey, New York Attorney General Letitia James and Federal Reserve Chair Jerome Powell, to hire their own lawyers.

Paying a price were FBI agents, prosecutors and civil servants purged for duty-bound involvement — however tangential —in any investigation of Trump or for the “crime” of being too “woke,” the all-purpose word that’s come to mean anything or anyone the administration dislikes.

American citizens also lost, and will continue to lose, and not just in the amount of their hard-earned money squandered. Under Bondi, the Department of Justice shut down pending criminal cases and declined to prosecute many more, as reported in ProPublica.

“In total, the DOJ quietly closed more than 23,000 criminal cases in the first six months of President Donald Trump’s administration, abandoning hundreds of investigations into terrorism, white-collar crime, drugs and other offenses as it shifted resources to pursue immigration cases,” the analysis said.

One closed case, an investigation into a Virginia nursing home with a recent record of patient abuse, seems pretty important to me — and the patients, I would imagine.

It’s all about priorities.

This version of making America great or even safe may not make sense, but it will certainly continue as long as there is no accountability.

That’s something else that’s been lost.

In 2016, as has been debated since, Comey, who has never been accused of possessing modesty, humility or a small ego, took the lead, clearing Hillary Clinton of criminal wrongdoing in a press conference while nevertheless criticizing Clinton and her staff for being “extremely careless in handling very sensitive, highly classified information.”

And when, 11 days before the 2016 election between Clinton and Trump, he informed Congress that the FBI was again looking into “her emails” and use of a private email server, several experienced prosecutors and Clinton’s team cried foul.

But because of that day on the tarmac, Loretta Lynch felt she could not overrule the decision made by Comey, the man who worked for her, no matter how much she believed it violated Justice Department protocol.

“Discussions were had at the highest levels of the department. My views were made known, they were communicated to him,” Lynch told CNN’s Jake Tapper. “I think we’re all going to be looking at that for a long time.”

That was 2016.

Ten years later, things have changed.

There will be little reflection on decisions made, no pushback from the majority of congressional Republicans on the blatantly partisan words of Todd Blanche or criticism of the qualifications of the next candidate for attorney general.

And as for “weaponization,” there is no doubt whose thumb will be pressed on the scales held high by that lady with the blindfold.

Mary C. Curtis has worked at The New York Times, The Baltimore Sun, The Charlotte Observer, as national correspondent for Politics Daily, and is a senior facilitator with The OpEd Project. She is host of the CQ Roll Call “Equal Time with Mary C. Curtis” podcast. Follow her on X @mcurtisnc3.

Reprinted with permission from Roll Call

By Targeting Powell, Pirro Didn't 'Go Rogue' -- She's The Tip Of Trump Spear

By Targeting Powell, Pirro Didn't 'Go Rogue' -- She's The Tip Of Trump Spear

White House officials are reportedly experiencing “significant frustration” and “heaping blame” on U.S. attorney and former Fox News host Jeanine Pirro over the firestorm surrounding her office’s criminal probe of Federal Reserve Chair Jerome Powell, which drew severe backlash this week from Republican members of Congress and a broad spectrum of right-wing media. But it would be a mistake to treat Pirro’s nakedly pretextual bid to punish Powell and curtail the Fed’s independence as the actions of a rogue actor — she is a committed Trumpist operative carrying out President Donald Trump’s instructions to use state power to punish his enemies.

Trump has made clear that he wants federal prosecutors and investigators (and indeed, all administration officials) to forcefully wield their authority against people and entities who defy him. Pirro’s actions against Powell — whether she acted on orders from above or her own initiative — are fully in keeping with that assignment. Indeed, she has the job in the first place in no small part because she was in the vanguard of Trumpist media figures calling for criminal charges against Trump’s foes during her Fox tenure.

Trump reportedly “criticized a group of U.S. attorneys at a White House event last week, calling them weak and complaining they weren’t moving fast enough to prosecute his favored targets.” Pirro, who was present at the event, is surely doing whatever she can to remain on his good list.

Pirro’s Powell probe followed years of Trump invective targeting the Fed chair and came amid his threats of legal action, and the president has repeatedly defended the probe this week. Pirro’s office is also reportedly investigating Democratic legislators who released a video urging service members and intelligence officers not to follow illegal orders, which Trump characterized as “SEDITIOUS BEHAVIOR, punishable by DEATH!”

And she does not shrink from critics who say she is overseeing politicized investigations. On Tuesday night, Pirro went on Fox host and chief Trump propagandist Sean Hannity’s show (one of the president’s favorite watches) to not only defend her pursuit of Powell but to blast Republican legislators who have taken issue with it.

..These actions are exactly what the president wants to see from his underlings.

Trump ran on “retribution” and assembled a team eager to protect his interests and target his political foes, including loyalists like Pirro, Attorney General Pam Bondi and her deputy, Todd Blanche, Pardon Attorney Ed Martin, and FBI Director Kash Patel. Less than a year into his tenure, the Justice Department has pursued cases at the president’s behest against a litany of Trump foils, including former FBI Director James Comey, New York Attorney General Letitia James, and Sen. Adam Schiff (D-CA).

Trump wants these cases brought, so more are coming. There’s a Trumpist U.S. attorney in Miami reportedly pursuing an absurd but sprawling investigation into the right-wing fantasy that former President Barack Obama led a “deep state” conspiracy against Trump; a newly-announced assistant attorney general post slated to purportedly target fraud under the president’s direct oversight, which could be a vehicle to go after Democratic governors like Minnesota’s Tim Walz and California’s Gavin Newsom; and a broad, all-of-government effort to criminalize progressive groups and their funders by smearing them as domestic terrorists.

But Trump needs prosecutors willing to do his dirty work; several have preferred to resign or be fired rather than pursue such weak and pretextual efforts. He surely knows from watching her on television over the years that in Pirro, he has a loyalist who won’t say no.

Pirro, a former judge and prosecutor who joined Fox after a failed 2006 U.S. Senate bid, emerged during the 2016 campaign as one of the most abjectly sycophantic Trump fanatics on TV — which made the president a regular viewer of her Saturday evening show. She spent much of his first presidency as a key cog in the right-wing media machine that encouraged the president to target his political foes through authoritarian tactics.

Pirro made headlines by demanding a “cleansing” of the FBI and DOJ, with the purportedly disloyal to be “taken out in handcuffs,” and spuriously accused Democrats like Hillary Clinton of various crimes. She lobbied for the ouster of then-Attorney General Jeff Sessions, calling for his dismissal on Fox and lashing out at his tenure to Trump in the White House, over Sessions’ unwillingness to turn Foxy fantasies into criminal indictments. Her support of Trumpian voter fraud conspiracy theories following the 2020 election led to her brief removal from Fox’s airwaves — and to her executive producer describing her as a “reckless maniac.”

The Fox host did show some concern about the prospect of prosecutorial overreach — when she perceived it as harming Trump’s interests. Pirro described Trump’s conviction by a New York jury as the result of “warfare” (because “lawfare is far too soft” a term) and suggested it could spark “a revolution” because it “was not a case that should've been brought.” She also suggested that the FBI agents searching Mar-A-Lago may have “wanted” to “engage in deadly physical force,” and said that the lack of media coverage of Hunter Biden’s laptop meant that “we are living in a fascist state.”

Pirro’s “blind obedience to President Trump,” as Schiff put it, was readily observable when her nomination came up for a Senate vote in August — but Republicans voted in lockstep for her confirmation. Now Republican senators like Thom Tillis (R-NC) and Lisa Murkowski (R-AK) are saying that the Powell probe goes too far — but as with Sen. Bill Cassidy’s (R-LA) criticism of Health and Human Services Secretary Robert F. Kennedy’s antivax moves, they’ve already yielded their strongest card by supporting the nomination in the first place.

The probes of Powell and Democratic legislators won’t be Pirro’s last investigations into the president’s foes. She seems more likely to end up a special counsel focused solely on such cases than drummed out of government for excessive partisanship. Her Fox catalog may hint at future targets, from Democratic governors who won’t comply with ICE to FBI and DOJ officials purportedly engaged in “election interference” against the president to the undocumented immigrants she says should be “presum[ed]” as violent criminals.

None of this is to say that Pirro’s authoritarian pursuit of the president’s critics will succeed — her relevant legal experience is decades old, and cases brought by her office have sputtered before D.C. juries at an historic rate. But she has the job because Trump knows that unlike more honorable federal prosecutors, she will keep trying.

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