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The Dictatorship

Trump’s Justice Department seeks to shield president in Jan. 6 civil cases

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Trump’s Justice Department seeks to shield president in Jan. 6 civil cases

In the recent past, there was reason to believe Donald Trump might face criminal accountability for Jan. 6 and his actions after his 2020 defeat. Those hopes were dashed, however, by the results of the 2024 election and the demise of former special counsel Jack Smith’s case against the president.

There is, however, another potential avenue for accountability — a series of civil lawsuits filed against Trump — though as The New York Times reportedthe Justice Department appears to be taking steps to derail this option, too.

The Justice Department made an unusual effort on Thursday to short-circuit a series of civil lawsuits seeking to hold President Trump accountable for his supporters’ attack on the Capitol on Jan. 6, 2021. Department lawyers argued in court papers filed to the judge overseeing the cases that Mr. Trump was acting in his official capacity as president on Jan. 6 and so the federal government itself should take his place as the defendant. That move, if successful, could protect Mr. Trump from having to face judgment for his role in the Capitol attack and from having to pay financial damages if he were found liable.

The Times’ report, which has not been independently verified by BLN or NBC News, added that the legal maneuver appeared to be the latest effort to use the powers of the Justice Department to Trump’s advantage “by effectively having himself removed from the lawsuits.”

For those who might benefit from a refresherin the aftermath of the insurrectionist violence, among those who filed lawsuits against Trump were police officers injured during the insurrectionist violence. In fact, multiple cases were filed:

  • In March 2021two Capitol Police officers, James Blassingame and Sidney Hemby, sued Trump, claiming he was liable for the injuries they suffered during the riot.
  • In August 2021seven more police officers who were attacked and beaten during the Capitol riot sued the former president.
  • In January 2022three more police officers — including two who aided the evacuation of lawmakers — sued Trump, seeking damages for their physical and emotional injuries.
  • In January 2023the longtime partner of Capitol Police Officer Brian Sicknick, who died after the Jan. 6 riot, filed a wrongful death civil suit against Trump.

Those civil cases have since been consolidated and are pending before U.S. District Court Judge Amit P. Mehta.

To be sure, even if Trump were to lose the civil suits, there would be no criminal consequences, but they could prove to be politically embarrassing and financially costly. Indeed, let’s not forget that he has suffered several major legal setbacks and defeats in recent years — the E. Jean Carroll case, the Trump Organization’s fraud case, the demise of his fraudulent charity, the demise of his fraudulent “university,” et al. — and those were all civil cases.

What’s more, while the Justice Department has a policy prohibiting federal criminal charges against a sitting president, the Supreme Court has already ruled that sitting presidents can face civil suits while in office, and claims from Trump’s lawyers that he’s immune in these cases have already been rejected by two courts.

It’s against this backdrop that the Justice Department decided to intervene. The Times’ report added, “The department has argued that under the law federal officials acting within the scope of their office or employment cannot be sued personally, and that in such instances the government is the only entity that can be targeted.”

It’s an argument rooted in the idea that those who claim to have been harmed by the president’s actions on Jan. 6 should be able to sue the federal government, but shouldn’t be able to sue the Republican directly.

Will this work? Watch this space.

This post updates our related earlier coverage.

Steve legs

Steve Benen is a producer for “The Rachel Maddow Show,” the editor of MaddowBlog and an BLN political contributor. He’s also the bestselling author of “Ministry of Truth: Democracy, Reality, and the Republicans’ War on the Recent Past.”

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The Dictatorship

Wednesday’s Mini-Report, 5.13.26

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Wednesday’s Mini-Report, 5.13.26

Today’s edition of quick hits.

* Warsh was confirmed with 54 votes: “The Senate voted to install Kevin Warsh as chair of the Federal Reserve on Wednesday, handing the millionaire Trump ally the reins of America’s monetary policy even as he faced skepticism over his ability to remain independent of presidential influence.”

* When Barack Obama visited China in 2009, he was greeted by Xi Jinping himself. Nearly two decades later: “President Trump arrived Wednesday night in Beijing, where he was welcomed by a military band, an honor guard, hundreds of Chinese youth waving flags and China’s vice president, Han Zheng. Such carefully designed receptions for foreign leaders telegraph Beijing’s attitude toward these visits. … This time, they sent someone who is high-level but whose position is mostly that of a figurehead — which could be a way to send a layered message.”

* All the news on inflation is bad: “Wholesale prices in April posted their highest annual increase in more than three years, signaling more nettlesome inflation as pipeline costs intensify. The producer price index rose a seasonally adjusted 1.4% for the month, much higher than the 0.5% Dow Jones consensus forecast and the upwardly revised 0.7% March increase, the Bureau of Labor Statistics reported Wednesday. This was the largest monthly gain since March 2022.”

* The bar is low, but this represents a little progress: “Republican divisions over the Iran war deepened on Wednesday as three GOP senators voted with Democrats to curtail the conflict, signaling greater headwinds for President Donald Trump as he seeks to stem economic impacts that have damaged the party’s political standing. While the Democratic-led measure failed, it was the closest a war powers vote came to advancing in the Senate in the seven attempts since the war began as GOP concerns slowly grow over the path forward.”

* ICE’s newest chief: “The Department of Homeland Security has selected David Venturella, a former private prison executive, to lead U.S. Immigration and Customs Enforcement, the agency at the center of President Donald Trump’s controversial effort to detain and deport millions of undocumented immigrants. Venturella, who has served as a senior ICE adviser since February 2025, will be named acting director following the departure of Todd M. Lyons, DHS spokeswoman Lauren Bis said in a statement Tuesday.”

* In related news: “Ten thousand losses. That’s the Trump administration’s track record in court as federal judges grapple with the way ICE agents have swept through major U.S. cities and detained thousands of people in support of President Donald Trump’s aggressive deportation agenda.”

* It’s always interesting to me when discharge petitions work: “A bipartisan effort to force a vote on legislation sending fresh American security aid to Ukraine has amassed the 218 signatures needed to force a floor vote, the latest in a series of instances of rank-and-file lawmakers wresting control of the chamber’s agenda from Republican leaders.”

See you tomorrow.

Steve Benen is a producer for “The Rachel Maddow Show,” the editor of MaddowBlog and an MS NOW political contributor. He’s also the bestselling author of “Ministry of Truth: Democracy, Reality, and the Republicans’ War on the Recent Past.”

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The MAGA movement’s KKK revisionism is revealing

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The MAGA movement’s KKK revisionism is revealing

Ku Klux Klan denialism is in vogue for the MAGA movement these days.

As the GOP uses Jim Crow-like racial profiling and voter suppression tactics such as gerrymanderingsome Republicans are engaged in a campaign of obfuscation and misinformation to downplay allegations of racism.

And it increasingly seems that some of President Donald Trump’s supporters want to use falsehoods about the KKK to advance their goals.

Last week’s fact-free diatribe from Rep. Harriet Hageman, R-Wyo., about the KKK supposedly being a leftist organization is a prime example. As I recently wroteRepublicans have used the Justice Department’s dubious indictment of the anti-racist Southern Poverty Law Center to falsely portray racist extremism, which the SPLC tracks and investigates, as either nonexistent or a liberal contrivance. This tactic mirrors rhetoric deployed by conservatives who sought to deny the threat of the KKK during its rise, or even its mere existence.

The aforementioned falsehoods about the SPLC were the subject of an exchange Hageman had with conservative podcaster Winston Marshall in which she made the demonstrably false claim that the KKK, Nazis and the Aryan Nation are “far-left organizations” and “always have been.”

Hageman told Marshall:

The Aryan Nation, the Nazis and the KKK are not far-right organizations. Those are far-left organizations, and they always have been. The KKK was created and started by the Democrats in the United States to prevent Blacks from being able to participate in the political arena, if you will. So I’m going to say they’ve never been associated with the right; they’ve always been associated with the left.

This is the kind of derangement that would make a reputable historian weep.

And you can see in Hageman’s comments why speaking of politics in directional terms (i.e., “right” vs. “left”) is flawed. The KKK has never been liberal and essentially has always been a conservative group of Christian white supremacists. Some Republicans — particularly Black supporters of Trump’s, as we have seen lately — like to portray Democrats as the party of the KKK because at the time of the organization’s rise, the white Christian conservatives most vehemently opposed to Black civil rights called themselves Democrats.

But in reality, the KKK didn’t belong to any particular party, and the Democratic Party didn’t create it. People suggesting otherwise are most likely trying to score cheap political points.

As historian Elaine Frantz explained in a 2011 essay titled “Klan Skepticism and Denial in Reconstruction-Era Public Discourse,” the conspiracy to turn a blind eye to the KKK and its racist terrorism was a bipartisan project:

While Klansmen and their Democratic political allies deliberately spread doubt about Klan reports, they could not have succeeded as thoroughly as they did without the substantial, if intermittent, collaboration of their Republican opponents.

Hageman and some of her fellow Trump supporters apparently don’t want Republicans to be associated with racists, but pseudointellectual diatribes on American history are not the way to avoid that. Instead, I’d suggest not using phrases popularized by the KKK decades ago, such as “America First,” and refraining from celebrating former klan leaders, like Nathan Bedford Forrest.

And, of course, ceasing the GOP’s demonstrable and devastating political crusade against Black people would go a long way.

Ja’han Jones is an MS NOW opinion blogger. He previously wrote The ReidOut Blog.

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Raskin wants answers from Todd Blanche about alleged payments to fired FBI agents

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Raskin wants answers from Todd Blanche about alleged payments to fired FBI agents

The Trump administration allegedly paid off FBI agents fired or punished for misconduct, including one who impeded a probe into a white nationalist group and another agent who appeared at the Capitol during the Jan. 6 insurrection.

Those are the bombshell claims at the heart of a new probe Maryland Democratic Rep. Jamie Raskin opened Tuesday into the Justice Department, Acting Attorney General Todd Blanche and FBI Director Kash Patel.

Raskin “launched an investigation into a scheme inside the Department of Justice (DOJ) to direct millions of taxpayer dollars to FBI agents fired for serious misconduct, many of whom are aligned with Donald Trump,” according to a press release announcing the probe.

Raskins letter to Blanche demands details on the alleged payouts, which Raskin said were negotiated by Empower Oversight, a well-funded conservative activist group linked to Iowa Sen. Chuck Grassley that has focused on MAGA conspiracy theories under the guise of defending “whistleblowers.”

Raskin cites as an example an FBI agent who allegedly received a payout and reinstatement at the FBI after being removed for refusing to participate in a probe of the white supremacist group Patriot Front, which has been involved in acts of violence and intimidation toward Black people and immigrants. Raskin said this occurred despite revelations that the agent also “engaged in commercial sex overseas while on an official FBI assignment—unequivocal grounds for security clearance revocation and dismissal from the FBI.” The letter notes the agent was reinstated under Patel.

This claim seems particularly noteworthy in light of the Trump Justice Department’s indictment of the Southern Poverty Law Centerwhich investigates racist extremism and has even previously assisted the DOJ in such investigations. The SPLC is seemingly being targeted for purported fraud in connection with its work against white supremacist groups. Meanwhile, Raskin’s allegation is that the Justice Department rewarded someone for refusing to investigate white supremacy.

Raskin’s list of alleged payouts overseen by Blanche or Patel includes an agent who was reinstated and given more than $100,000 by the department after a court declined to reinstate him after he leaked details of a probe into the far-right group Project Veritas to the media. The representative also references an agent who was reinstated and given his security clearance back after facing punishment over documents, including photos and video, that showed him in a restricted area during the Jan. 6 insurrection at the U.S. Capitol back in 2021.

“There are many more examples of these indefensible and lawless payments,” Raskin’s letter to Blanche claims.

The letter demands a list of all FBI or DOJ employees who have received settlements or back pay after being fired or disciplined for alleged misconduct, and all documents pertaining to the negotiations.

Raskin lays out the picture of a lawless regime that prioritizes loyalty to the president — the first to be convicted of a felony — and subservience to his political agenda over seemingly all else. If the allegations are accurate, it’s a disturbing development, but arguably a predictable one.

The DOJ did not immediately respond to MS NOW’s request for comment.

Ja’han Jones is an MS NOW opinion blogger. He previously wrote The ReidOut Blog.

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