“The US House committee investigating the January 6, 2021, attack on the Capitol and the Trump White House’s role in it is charging ahead. But — thanks in part to the limited power of congressional inquiries — the success of their next steps depends on the Justice Department.
And at least right now, the committee appears to be losing faith in that department, and specifically in Attorney General Merrick Garland, who has thus far been reluctant to prosecute high-ranking Trump administration officials who’ve stonewalled the committee. Several members of the committee criticized Garland for failing to prosecute at least one former top Trump aide whom Congress voted to hold in contempt. In the words of Rep. Elaine Luria (D-VA), “Attorney General Garland, do your job so we can do ours.”
The committee also voted unanimously..to hold two former Trump White House aides in contempt of Congress. The former aides, trade adviser Peter Navarro and social media director Dan Scavino, both refused to comply with a subpoena seeking documents and testimony.
In the likely event that the full House agrees that the two men should be held in contempt, both could be fined and face up to a year of incarceration — though the decision whether to prosecute the two former White House aides will be made by the Justice Department and not by Congress.”
“In front of judges and in court filings, the Justice Department is engaged in a delicate rhetorical dance on the domestic terrorism issue. Seeking to satisfy a large swath of the public outraged by the Jan. 6 riot, prosecutors have declared that the event “certainly” qualifies as domestic terrorism. But they’ve kept their powder dry thus far on invoking the terrorism sentencing boost — potentially because its impact can be so severe.”
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“Invoking the terrorism enhancement typically adds about 15 years in prison to a defendant’s recommended sentence, sets the minimum calculation at 17 and a half years, and also flips the person charged into the criminal-history category used for serial offenders.”
“One of Sessions’ final moves in office was to sharply limit when the Justice Department could enter into consent decrees. Vanita Gupta, who ran the Civil Rights Division during the Obama administration, called that policy “a slap in the face to the dedicated career staff of the department who work tirelessly to enforce our nation’s civil rights laws.” The Biden administration rolled back Sessions’ directive, and Gupta is now back at the Justice Department as an associate attorney general.
Sessions was correct that consent decrees should be used judiciously. Justice Department investigations and settlements are a heavy-handed imposition of federal authority. But they can also provide recourse for citizens who have been betrayed by rotten police departments and indifferent local governments.”
“On Wednesday, CNN Executive Vice President and General Counsel David Vigilante made a revelation sure to startle those unaware of the state’s vast power to not just seize information from journalists but bully their employers into silence about it under penalty of jail time.
“Since July 17, 2020,” Vigilante wrote, “I have been bound by a gag order or a sealing order that prohibited me from discussing, or even acknowledging, that the government was seeking to compel the disclosure of the professional email communications of CNN reporter Barbara Starr.”
The Justice Department under Attorney General William Barr had been requesting email header data and phone logs of Starr, a Pentagon reporter, dating from June 1 to July 31 of 2017, for reasons that are still unknown to any third parties aside from some federal judges operating a secret court. (Starr herself was not the target of the investigation, the feds confirmed to reporters.)
The Trump administration launched a crackdown in 2017 against national security-related leaks, an effort that led to the secret seizure of three Washington Post reporters’ phone records, which was revealed only last month. In doing so, former President Donald Trump’s DOJ prosecutors followed the rules and legal justifications established by their predecessors in the Obama administration, which prosecuted more leakers than every prior presidency combined, even charging Fox News White House chief James Rosen as “at the very least, either…an aider, abettor, and/or co-conspirator.””
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“one of the only judges to lay eyes on the DOJ’s reasoning for harassing CNN concluded that it was based on “speculative predictions, assumptions, and scenarios unanchored in any facts.”
Commented CNN’s Vigilante: “This was the first characterization of the evidence we had seen, and it was stunning: After months of secret proceedings and heavy-handed enforcement tactics, a neutral judge said that, in large part, the emperor had no clothes.””
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“As Nick Gillespie and I wrote six years ago, “From press accounts of similar actions at other news publications and social media sites, we know that it is increasingly common for the federal government to demand user information from publications and websites while also stifling their speech rights with gag orders and letters requesting ‘voluntary’ confidentiality.””
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“while the increasing but still comparatively rare open clashes between the DOJ and news organizations tend to make headlines, the real data collection is happening every day, quietly, in the form of requests and subpoenas to social media companies and other third-party vendors.”
“That the Department of Justice sought the private phone data of US lawmakers without their knowledge is remarkable and disturbing. While details are still emerging, the exchange sets a concerning precedent about the ability of the executive branch to obtain the digital records of lawmakers as well as tech companies’ roles in complying with such orders.”
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“The DOJ’s inspector general, Michael Horowitz, announced on Friday that he will start a review of the agency’s actions under the Trump administration and will look at “whether any such uses, or the investigations, were based upon improper considerations.””
“The most alarming move from the Justice Department lately came from a surprising source: the US attorney for the Middle District of Pennsylvania, David Freed.
Many details about the underlying situation here are still murky. But on Monday, Freed’s office and the FBI began “an inquiry into reports of potential issues with a small number of mail-in ballots at the Luzerne County Board of Elections,” Freed said in a statement.
If there are reports of issues with ballots, the Justice Department should naturally investigate. But the way this information was dribbled out seemed designed to bolster President Trump’s baseless claims that mail voting is deeply flawed — when Freed’s actual findings have so far revealed no such thing.”
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“And indeed, Trump campaign spokesperson Matt Wolking quickly tweeted out Freed’s statement, writing: “BREAKING: FBI finds military mail-in ballots discarded in Pennsylvania. 100% of them were cast for President Trump. Democrats are trying to steal the election.” (Wolking eventually deleted the tweet after it had been retweeted thousands of times.)
But Freed’s longer letter about his findings so far, released later Thursday, contains nothing to back up the inflammatory “steal the election” claim. Indeed, it seemed entirely possible that the military ballots were opened accidentally because the election board staff thought they could have been ballot requests instead of the ballots themselves.
It’s also unclear whether the local election board’s practice was simply in keeping with a recent ruling from the Pennsylvania supreme court — that any mailed ballots lacking an inner “secrecy envelope” have to be discarded. Republicans in the state have supported this ruling, and Freed’s statement did not comment on the issue.
So it’s uncertain whether local officials did anything wrong at all, and there’s certainly been no evidence of a dastardly plot to steal the election. Yet Freed’s statement seemed designed to bolster Trump’s baseless claims to this effect. And ABC News’ Alexander Mallin reported that Barr had personally briefed Trump about the investigation, explaining why the White House was so prepared to pounce.”
“Under Barr, the Department of Justice has become a political instrument for President Trump. Whether it’s misleading the public about the Mueller report or using tear gas to disperse peaceful protesters so that Trump could stage a photo op, Barr has repeatedly sacrificed the dignity of his office in order to please his boss.
If you don’t know much about Barr’s history, it’s hard to make sense of his behavior. Having already served as AG under George H.W. Bush’s administration, Barr had a solid reputation as a serious guy. When he reemerged in 2018 as Trump’s pick for attorney general, he was widely seen as a creature of the Republican establishment, and his selection was “greeted with a measure of relief” within the DOJ, according to the New York Times.
But events since have shown him to be a more than willing accomplice in Trump’s slow-motion destruction of democratic norms. Which raises the question: Why has someone like Bill Barr given himself over to an aspiring authoritarian like Trump?”
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“He believes the president should be more powerful than Congress and the courts. In his mind, that’s the only thing that can keep the country safe when it is threatened by war, natural disaster, or economic collapse. He believes that is what the founders intended.”
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“it’s funny watching interviews with him. He’s very measured in how he speaks, but what he is saying is very far right and deeply conservative across the board. And his actions are extraordinary, at times unprecedented, for an attorney general, from dispatching National Guard troops from multiple states all over DC, to setting up a command bunker where he oversaw all of that, to removing prosecutors and pushing for lower sentences for the president’s allies. He speaks carefully but his actions are anything but measured.”
“In any other administration, the firing of a US attorney who had been conducting investigations of the president’s allies would be scandalous. But this is not a typical administration and this is not a typical Department of Justice. Under Barr, the DOJ has become a political instrument for the president. Whether it’s misleading the public about the Mueller report or using tear gas to disperse peaceful protesters so that Trump could stage a photo op, or trying to fire Berman, Barr has repeatedly sacrificed the dignity of his office in order to please his boss.”
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“He believes the president should be more powerful than Congress and the courts. In his mind, that’s the only thing that can keep the country safe when it is threatened by war, natural disaster, or economic collapse.”
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“it’s funny watching interviews with him. He’s very measured in how he speaks, but what he is saying is very far right and deeply conservative across the board. And his actions are extraordinary, at times unprecedented, for an attorney general, from dispatching National Guard troops from multiple states all over DC, to setting up a command bunker where he oversaw all of that, to removing prosecutors and pushing for lower sentences for the president’s allies. He speaks carefully but his actions are anything but measured.”
“Forcing Apple to create a backdoor would perhaps make investigations easier and quicker for the FBI, but it’s not absolutely necessary to conduct investigations. The FBI didn’t say how it was able to gain access to the phones, but the agency clearly didn’t need Apple’s help to do so. This has been the case in past investigations as well. The Department of Justice is asking a company to change its business practices and create a vulnerability in millions of its customers’ devices for what amounts to a shortcut.”