Does it bother Americans that Trump has damaged our trust in the DoJ and its ability to pursue JUSTICE, not Trump's vendettas?
- Federal judges appointed by both Republican and Democratic presidents have increasingly criticized Justice Department lawyers for misleading courts, misrepresenting facts, and engaging in unseemly or unethical conduct. [1, 2, 3]
- Courts have openly questioned the traditional "presumption of regularity"—the baseline assumption that government attorneys act truthfully and follow standard procedures in good faith. [1, 2, 3]
- Judges have accused department officials of using the grand jury and subpoena processes improperly to target political rivals or advance administration ag
"Friday’s dismissal of the Department of Justice case against David Hearn for vandalism of the Lincoln Memorial Reflecting Pool came days after Hearn’s lawyers asked for transcripts of the grand jury proceedings that led to the indictment. The lawyers noted that the government’s only witness testified that the pool was already damaged before Hearn went near it, and that the witness could not quantify the cost of any damage Hearn might have done over and above the cost of repairing the existing damage. The lawyers told the court there were “irregularities in the government’s presentation of the evidence to the grand jury” that “call into question whether the grand jury was misled.”
The Department of Justice has been caught repeatedly misleading grand juries or committing misconduct in getting indictments. Hearn’s lawyers were suggesting that the Department of Justice engaged in the same misconduct in the indictment of David Hearn for damaging the bottom of the reflecting pool.
In their filing, they noted that a judge and former federal prosecutor in the District of Columbia had recently stated that “[g]enerations of presidential administrations and public officials” have reinforced the idea, called the “presumption of regularity,” that public officials do their jobs properly, operate in good faith, and follow correct procedures. But, the judge noted, “In just six months, the President of the United States may have forfeited the right to such a presumption.”
On July 28, J. David McSwane, Pratheek Rebala, and Carla Astudillo of ProPublica reported that judges across the country are calling out lawyers for the Department of Justice, questioning whether they can be trusted to tell the truth and whether they are operating according to centuries-old norms. Judges have called behavior by Department of Justice lawyers “unlawful,” “unethical,” “unseemly,” and otherwise dishonest.
The degradation of the Department of Justice, which is charged with defending the rule of law for the American people, into an instrument of Trump’s political wrath has been illustrated in the fight over the confirmation of Acting Attorney General Todd Blanche to attorney general.
Before going to the Department of Justice, Blanche was Trump’s personal attorney. He led Trump’s criminal defense team in the case of falsifying records to cover up hush-money payments to adult film actress Stormy Daniels, as well as his defense against the two cases brought by special counsel Jack Smith: the one indicting him for trying to overturn the results of the 2020 presidential election and the one indicting him for retaining classified documents after leaving office.
Since he took over for former attorney general Pam Bondi, Blanche has openly flouted the law in order to do Trump’s bidding. He secured indictments against people Trump perceives to be enemies, including former FBI director James Comey for posting on Instagram a picture of seashells arranged to form the number “8647.”
