Injustice for All is a weekly series about how the Trump administration is trying to weaponize the justice system—and the people who are fighting back.
Welcome back to another week of the Trump administration’s war on America—led by one of its most loyal soldiers, Attorney General Pam Bondi.
The Department of Justice has been a busy little bee as of late, what with all the suing and being sued. Oh, and let’s not forget the terrorizing of Minnesota, of course.
DOJ to judges: Don’t tell us what to do
In its ceaseless quest to keep only the worst, most inexperienced, most Trumpy people in U.S. attorney roles, the DOJ has a new motto: Screw you, judges.
That’s pretty much the argument being made by the DOJ as to why, after a federal judge ruled that Lindsey Halligan was never legally in her interim U.S. attorney role, Halligan has nonetheless kept signing pleadings as “United States attorney and special attorney.”
Lindsey Halligan
When ordered by a judge to explain herself, everyone’s least favorite insurance lawyer-turned-Trump hatchetperson filed an absolutely whiny and spittle-flecked response. Her legal theory? Well, it’s twofold.
First, it’s that, since the DOJ says Halligan was properly appointed, she is—so there:
“It is the United States’ position that Ms. Halligan was properly appointed as interim United States Attorney … That Judge Currie dismissed two indictments based on her disagreement with that position does not prevent the United States from otherwise maintaining it,” the response said.
It … kind of does prevent you? Like, that’s sort of the whole point of a judge’s order?
The DOJ’s second genius claim is that, for a judge to ever say that a U.S. attorney might be subject to the same sort of discipline as any other lawyer who violates multiple ethical rules, it’s “a gross abuse of power and an affront to the separation of powers.”
The Trump administration’s constant invocation of the separation of powers is equal parts wearying and disingenuous, given that it really means it can ignore the other branches of government, and neither branch can do anything about it.
DOJ to judges: We mean it, don’t tell us what to do
Remember when the Third Circuit Court of Appeals told Alina Habba that, yes, actually, the lower court did not stutter, and the administration could not just keep her in the role of U.S. attorney in New Jersey indefinitely without having her confirmed by the Senate?
Well, the administration is back and demanding the full court to rehear the case … for reasons.
Those reasons boil down to arguing that the Federal Vacancies Reform Act doesn’t mean what it says it means, and that the DOJ can keep unqualified stooges like Habba without a Senate confirmation. How? Because Bondi can “delegate” her authority to anyone, and she wants it delegated to Habba, so there.
Sure, whatever.
Utah judge to DOJ: I will tell you what to do
A cartoon by Clay Bennett.
It’s time for another U.S. attorney disqualification!
This is the … hmm, let’s see … sixth disqualification. SIXTH.
U.S. attorneys keep being found to be illegally in their roles because Trump knows that they won’t make it through a Senate confirmation, so he keeps trying to stitch together temporary appointments.
So now New Mexico’s Ryan Ellison joins the inauspicious ranks of Alina Habba, Bill Essayli, Sigal Chattah, and Lindsey Halligan—all of whom have been told to stop cosplaying as U.S. attorneys.
On Wednesday, U.S. District Judge David Nuffer of Utah told Ellison that, no, he also could not stay indefinitely in an interim role that is limited by law to 120 days. Nevertheless, Ellison is still running around bragging that he’s “the top federal prosecutor in New Mexico” as he gets to stay on as first assistant anyway.
Of course.
Oregon judge to DOJ: I will also tell you what to do
A federal judge in Oregon has sided with the state over the DOJ’s attempt to get access to complete, unredacted voter data.
The DOJ had sued Oregon, along with several other states, demanding unredacted voter rolls as part of its open and obvious goals of suppressing votes and attacking immigrants. The state moved to dismiss the suit, and on Wednesday, U.S. District Judge Mustafa Kasubhai granted the motion.
Given that providing this level of access to voter rolls is illegal in many states—and given that the Constitution explicitly gives states the right to regulate elections—many states have refused. But come on, that won’t stop this DOJ.
You can expect the Trump administration to race to the court of appeals to whine about how unfair this is any day now.
DOJ to Minnesota: We will tell you what to do, and we are not sending our best
Not content to just surge trigger-happy federal agents to Minnesota, the DOJ is now going to pile 25 military lawyers into the state as special U.S. assistant attorneys.
This is not a new technique for the Trump administration, nor, regrettably, are military lawyers barred from being civilian prosecutors. This is how U.S. Attorney for Washington, D.C., Jeanine Pirro sought to fill her thinned-out ranks after the massive exodus of actually qualified federal
Members of the Congressional Progressive Caucus stand beside a photo of Renee Good, who was shot and killed by an ICE agent in Minneapolis on Jan. 7.
prosecutors.
There’s no doubt that this is, in part, because the Minnesota U.S. Attorney’s Office just lost six top prosecutors who refused to participate in the disgusting attempt to criminally investigate Renee Good’s widow, Becca Good.
But it’s also pretty clear that the office is gearing up to make sure that federal agents get to commit crimes, while Minnesota residents get jammed up with charges.
Shoving military lawyers in as immigration judges was clearly designed to get more deportations done faster rather than engage in actual judging.
One lawyer, Christopher Day, seemed to believe that his job was to evaluate things fairly and grant asylum when appropriate. So, of course, the administration fired him.
