Destruction of the Federal Government

One of the most cherished of American freedoms is the right to live under a criminal justice system in which cases are brought and decided based on evidence and law, not on political interest. The Eastern District of Virginia, where Arlington is located, has historically been one of the leading practitioners within the Justice Department of this type of American justice. It has enjoyed a sterling reputation, successfully handling important cases involving military and national security issues. Over the past two months, Trump has installed his puppets at its helm and turned it into a shadow of its former self. The office as newly configured has initiated weak, clearly vindictive prosecutions of people he considers enemies. Indications are that similar prosecutions will follow as Trump installs personnel who are loyal to him personally rather than to the rule of law in prosecutors’ offices around the country.  

The Eastern District is led by a U.S. Attorney, who is nominated by the President and confirmed by the Senate. This official serves as the federal government’s chief law enforcement officer in the District. At the beginning of September, the Eastern District was headed by a well-regarded, experienced career prosecutor, Erik Siebert, who enjoyed bipartisan support. He was serving in an acting capacity but had been endorsed by both of Virginia’s Democratic Senators and formally nominated for the permanent position by President Trump. His confirmation was moving smoothly through the Senate.

In mid-September, the press reported that members of the Trump administration were pressuring Siebert to indict New York Attorney General Letitia James for mortgage fraud. The reports said that career investigators and prosecutors in the district had concluded there was insufficient evidence to indict her. But Trump wanted James indicted nevertheless. Among other things, she had brought a civil fraud suit against him that resulted in a $355 million judgment – since overturned – and findings by the trial judge – since upheld – that Trump’s credibility was “severely compromised” and that his actions “shock[ed] the conscience.” Attorney General Pam Bondi reportedly defended Siebert, but Trump told reporters that [i]t looks to me like [James is] really guilty of something, but I really don't know” and that “I want [Siebert] out.”

Siebert is now gone. Trump says he fired Siebert and Siebert says he resigned. The new, acting U.S. Attorney for the Eastern District of Virginia is Lindsey Halligan. She previously served as one of Trump’s personal attorneys in the classified documents case and had recently been working at the White House to “remove improper ideology” from Smithsonian museums, a project she reportedly initiated. Her other reported previous legal work was defending insurance companies from property-damage claims by their policyholders. 

U.S. Attorney Siebert also reportedly resisted pressure from Trump to indict former F.B.I. Director James Comey. Trump allies have alleged Comey committed perjury in testimony before Congress about whether he had advance knowledge of or authorized a leak to the press of information about an ongoing FBI investigation. One of Halligan’s first actions as U.S. Attorney was to obtain Comey's indictment on two charges, making false statements and obstruction of Congress. Comey denies any misconduct. 

Under Halligan’s leadership, James has now been indicted as well. The charges are relatively minor and of a type rarely brought. Only a small amount of money was allegedly involved. One commentator wrote, “the question raised by the indictment of James is: would any other federal prosecutor have brought this case against any other defendant? The indictment is, like the Comey charges, notably lacking in detail—but the answer seems to be a resounding no.” As with the Comey indictment, the evidentiary support for James’ indictment appears vanishingly weak. James denies any wrongdoing. 

The New York Times reports that a senior Justice Department official has instructed “more than half a dozen” U.S. Attorney’s Offices around the country to begin investigations of a group funded by George Soros, a wealthy donor to the Democratic Party and progressive causes generally. In other contexts, the President has demanded that Soros be put in jail. Trump has also demanded that Sen. Adam Schiff be indicted. It is unclear just how long the list is of Trump’s potential targets. 

The Justice Department, although not without weaknesses, had long been one of the most respected and capable agencies in the federal government. Clearly, however, it is no longer an instrument of law and order. Like much of the rest of the federal government, Trump has reduced and distorted into a political weapon that he can use indiscriminately against his perceived enemies. In the first eight months of his second term, Trump has done immeasurable and perhaps irreversible damage to many important government institutions. His assault on the Justice Department is one of his most dangerous moves.