The Dictatorship
Here’s a remedy for Trump’s self-dealing that no pardon can touch
The Justice Department announced Tuesday that it has expanded its settlement of President Donald Trump’s lawsuit against his own government. Now the government has ruled out future IRS audits of the president, his family and his business, and announced that it will also use public money to create a nearly $1.8 billion fund to compensate allies the president thinks were wronged by federal prosecution or investigation.
Beyond the stunning scale of this self-dealing, there are other reports of disturbing actions by the administration: The Justice Department prepared to drop fraud charges against an Indian billionaire who offered to invest $10 billion in this country, the New York Times reported last week; another Mar-a-Lago dinner was held in April to promote the president’s crypto venture. Over and overTrump and others around him use their positions for personal gain in unprecedented ways. The Wall Street Journal reported last month that Trump has promised pardons to anyone who has been within 200 feet of the Oval Office — effectively an invitation to allies to continue breaking the law and monetizing the presidency.
Simply put, under a legal principle called disgorgement, you don’t get to keep what you stole.
There is, however, a way to address widespread theft from the public. Simply put, under a legal principle called disgorgement, you don’t get to keep what you stole.
Even the Trump administration agrees with this point. The Justice Department defended the principle in a case before the Supreme Court last month. Quoting precedents old and newthe government said: “Disgorgement serves the ‘foundational’ equitable principle that no wrongdoer ‘should make a profit out of his own wrong.’ ” This principle can hold the president and any accomplices accountable for corruption — and no pardon can stop that.
Disgorgement has deep roots in moral tradition and American law. The Securities and Exchange Commission’s disgorgement authority, at issue in the Supreme Court this termlets the government recover the money that fraudsters make through securities fraud (which could include crypto or prediction market scams). The issue before the court is whether the government needs to prove that the wrongdoer hurt specific people. The administration said no, arguing: “Disgorgement is a remedy designed to strip ill-gotten profits from wrongdoers,” so “SEC disgorgement under current law is not conditioned on a showing of pecuniary harm to victims.” In short: Those who profited through fraud have to give up the money, and it goes to the American people.
Other federal tools similarly enable getting stolen money back: the False Claims Act, Foreign Corrupt Practices Act and Foreign Extortion Prevention Act, to name a few. The most powerful of these is likely civil asset forfeiture. Unlike criminal prosecution, which is directed at a person, civil forfeiture involves the government suing the property itself (think: the 747 jet given by the Qatari government, or a specific crypto account).
Government can recover proceeds from third parties, such as family members or shell companies, that received the fruits of corruption without a legitimate claim to them, even if those parties did not participate in the illegal actions.
This distinction is not a legal technicality; it’s why civil asset forfeiture is uniquely resistant to pardons, presidential immunity claims and other defenses that could consume criminal proceedings. The asset forfeiture framework also allows the government to follow money wherever it goes. So government can recover proceeds from third parties, such as family members or shell companies, that received the fruits of corruption without a legitimate claim to them, even if those parties did not participate in the illegal actions. And the government doesn’t need to prove its case by the criminal law standard of “beyond a reasonable doubt”; it simply must show that the preponderance of the evidence supports recovery.
State leaders can act now to recover funds — and, critically, to open the asset investigations that form the backbone of disgorgement actions. A December University of Wisconsin Law School report sets out a comprehensive assessment of state accountability laws that state attorneys general can enforce against federal officials and those who interact with them. Ample state civil laws enable disgorgement. For example, a New York law allows the state attorney general to pursue restitution and disgorgement for repeated fraudulent or illegal acts in the conduct of business. That state’s Martin Act allows a broad range of recovery for securities fraud. More than 30 states have their own false claims acts, many with private recovery provisions. State law enforcement leaders should work together to build these cases, which will take time and expertise that the gutted federal government may lack. State legislatures may even consider updating their laws to ensure that they apply to misconduct by federal officials and create incentives for whistleblowers to come forward.
Asked by The New Yorker earlier this year about allegations of profiteeringa White House official said, “President Trump has always put — and will always put — the best interests of the American people first.” More recently, in response to Wall Street Journal reporting on possible Trump pardonsanother White House official said the Journal “should learn to take a joke, however, the President’s pardon power is absolute.” But Trump’s track record of abusing the pardon power suggests that this and other self-enrichment is no laughing matter.
The current Congress has proved unwilling to hold Trump accountable, but members in the minority could use investigative oversight tools to lay out a clear road map for enforcers. Should control of Congress change, lawmakers could subpoena financial records and communications from private parties, hold targeted hearings on specific deals, pass legislation to ensure that federal money can’t be doled out through corrupt slush funds, or replicate what House members sought to do with the Epstein files to demand transparency on a range of information held by the federal government. Although federal laws enabling disgorgement are strong, Congress could also punch them up.
Private litigants can also file suits immediately. The False Claims Act is an obvious tool, as any person with nonpublic knowledge of fraud against the federal government is encouraged to file a lawsuit on the government’s behalf. Civil claims under anti-corruption laws such as RICO, which allow private plaintiffs to recover extensive damages, don’t require any government cooperation.
Of course, the post-2020 effort at using criminal prosecution for accountability failed fairly spectacularly. But an accountability approach centered on recovering money stolen through corruption could garner wide-ranging public appeal in a way that the criminal accountability efforts never did. Hungary’s recent election is illustrative: Opposition candidate Péter Magyar’s focus on the corruption and kleptocracy of the Orbán regime drove overwhelming rejection among voters. Magyar also swiftly announced the creation of a National Asset Recovery and Protection Office with a mission of investigating corrupt deals and recovering the stolen proceeds. As Magyar put itall that “money that is stolen” actually belongs to pensioners or can help feed hungry children.
So, too, in the U.S.: All the pilfered money actually belongs to the American people. Those seeking payouts from the new Trump fund should not expect to keep that money if their claims cover up evidence of crimes such as attacking the Capitol — that would trigger the False Claims Act and enable disgorgement. Crypto profits built on insider knowledge of a presidential announcement? Claw them back. The foreign government “deals” that blur the line between statecraft and self-enrichment in which the president and his relatives rake in billions? The coerced corporate donations and prediction market winnings? It’s time to get the money back.
Trump’s pardons can’t stop any of this. Nor can the Roberts Court’s broad grant of criminal immunity in Trump v. United States. Those in Trump’s orbit who cross the line should know: Even with a promised pardon, the law can come for what they’ve taken from the American people.
Justin Florence is co-founder of the nonpartisan nonprofit Protect Democracy, founded in 2017. Previously, he served as special assistant to the president and associate White House counsel in the Obama administration. He is a Lecturer in Law at Harvard Law School, where he co-teaches the Democracy and Rule of Law Clinic.
Justin Vail leads Protect Democracy’s Washington office. He previously served as special assistant to the president for democracy and civic participation during the Biden administration and deputy director of private sector engagement in the Obama White House.
The Dictatorship
Maricopa County official fears Stephen Miller’s group has taken over election office
Even the Republican county attorney in Arizona’s most populous locality is sounding the alarm on potential election meddling by MAGA world.
That’s the crux of a court filing submitted by Maricopa County Attorney Rachel Mitchell this week. For those unaware, Mitchell garnered national attention after Senate Republicans tapped her to question Christine Blasey Ford during Supreme Court Justice Brett Kavanaugh’s confirmation process after Ford alleged that Kavanaugh sexually assaulted her as a teenager. Kavanaugh has flatly denied the allegation.
Two years later, Mitchell successfully ran for Maricopa County attorney, and she endorsed Donald Trump’s presidential campaign in 2024 — in other words, she is not an opponent of the MAGA movement. So it’s noteworthy that she and her legal team are accusing America First Legal, the right-wing activist group founded by White House adviser Stephen Miller, of effectively taking control of the Maricopa County Recorder’s Office, which helps administer elections.
The office is led by Justin Heap, who has egged on the Trump administration’s push to acquire sensitive voter data in Arizona. And the disturbing context to all this is Trump has openly declared that Republicans should nationalize voting processes and “take over the voting” in several cities — like Phoenix, perhaps.
According to The Arizona Republic:
In a June 8 legal filing, Mitchell’s lawyers asked Maricopa County Superior Court Judge Scott Blaney to rein in Recorder Justin Heap’s politically connected firm, the America First Legal Foundation, which it said has undertaken “an unprecedented power grab.”
“The Recorder lacks any explicit or implicit statutory authority to hire outside counsel — let alone a partisan organization — to serve as in-house counsel on ‘all’ matters under his ‘purview,’” Mitchell’s lawyers wrote.
America First Legal is advising Heap’s office as he battles the Republican-controlled Maricopa County Board of Supervisors in an attempt to claim official powers for himself. As Democracy Docket reportedthe dispute at one point allegedly involved Heap seizing election equipment and provisional ballot envelopes while votes were being cast in a local election in March, causing county supervisors to warn about “grave chain-of-custody concerns.”
The Arizona Republic said Mitchell listed several examples of America First Legal wielding unauthorized power in Heap’s office amid the dispute with the board:
Mitchell’s request, handled by the law firm of Snell and Wilmer, identified six examples of what she contends involves America First Legal going beyond Blaney’s intended role for them: litigating the power-sharing agreement with the board.
Now, Mitchell argues, America First Legal has claimed authority over all matters relating to early voting, told election officials to disregard directives from or seek advice from Mitchell’s office, threatened prosecution over drop boxes and sent a warning letter signaling new litigation against the board.
Let’s not downplay the crisis playing out here. The GOP-controlled Board of Supervisors and the Republican county attorney overseeing the largest county in Arizona, where the majority of the state’s voters live, are calling out the pro-MAGA county recorder, who stands accused of allowing a right-wing activist group, founded by a White House official, to have unchecked power over electoral processes. (Heap’s office did not immediately respond to MS NOW’s request for comment.)
The fact that even conservative officials are sounding the alarm here shows how extreme, unprecedented and potentially threatening to democracy this situation could prove to be.
Ja’han Jones is an MS NOW opinion blogger. He previously wrote The ReidOut Blog.
A federal judge in Washington has denied a bid Wednesday brought by a watchdog group to immediately block the Justice Department’s “anti-weaponization” fund, for now choosing to trust the department’s assertions that it is not moving forward with the fund.
U.S. District Judge Richard Leon ruled immediately, denying Citizens for Responsibility and Ethics in Washington’s request for a temporary restraining order that would have blocked the Department of Justice from taking steps to create the fund.
Throughout the 30-minute hearing, the DOJ reiterated that the administration was not moving forward with the nearly $1.8 billion fund, which seeks to compensate individuals who allege they have been politically targeted or victimized by the DOJ.
Andrew Block, the only lawyer present for the government, repeatedly cited Acting Attorney General Todd Blanche’s June 2 congressional testimonyin which he said the administration was “not moving forward” with plans to create the fund.
Leon indicated he agreed with the DOJ’s position that the case appeared to be moot, saying he was not persuaded there was an issue for the court to decide regarding the creation of the fund. He issued a stern warning to the DOJ, saying, “Don’t play possum with this court!” — meaning he does not want to be deceived.
The plaintiffs argued Blanche’s testimony did not amount to an official cancellation. Nikhel Sus, CREW’s attorney, said Blanche “refused to memorialize that rescission,” or in other words, put it in writing. Sus said that was “highly unusual.” Leon responded, “This whole case is highly unusual to say the least.”
Leon asked the government twice why they would not just rescind the order that established the fund. Block responded, “I don’t know,” and pointed again to Blanche’s public statements about the fund’s future.
Both Leon and Sus raised the issue of Trump’s continued public defense of the fund. “It can still be an important issue and also not moving forward,” Block said. “That isn’t a direction to move forward with the fund.”
Although Leon rejected CREW’s bid for an immediate block, he indicated he is still considering its request for a longer-term block against the fund.
A block order from a separate federal judge in Virginia remains in effect until at least Friday.
Fallon Gallagher is a legal affairs reporter for MS NOW.
The Dictatorship
‘Incredibly dangerous’: Capitol officer badly beaten by Jan. 6 rioters says Trump pardons absolved them
When FBI agents confronted Daniel Rodriguez about using a stun gun on a Washington police officer during the Jan. 6, 2021, attack on the U.S. Capitol, he wept, seeming to express remorse.
“I’m sorry,” he said through tears in a recorded interview after he was arrested in March 2021. “He’s a human being with children, and he’s not a bad guy. He sounds like he’s just doing his job and he’s — I’m an asshole.”
Two years later, as he was being led away after a judge sentenced him to more than 12 years in prison, Rodriguez raised his fist and screamed, “Trump won!”
Rodriguez is now a free man. The hefty prison sentences imposed on him and four other people convicted of assaulting police officer Michael Fanone — who was dragged into the crowd and severely beaten — were all wiped away in one of Donald Trump’s first acts as president in January 2025: He pardoned almost 1,600 people charged or convicted for their involvement in the riot.
Trump has used the clemency power like no president in history, freeing fraudsters, drug traffickers and corrupt politicians.
But his pardon of Jan. 6 defendants, more than 170 of whom pleaded guilty to assaulting law enforcement officers, stands apart. MS NOW is spotlighting the clemency granted to Jan. 6 defendants as part of a series on Trump’s pardons, “Justice Interrupted.”
“It’s incredibly dangerous,” Fanone told MS NOW in an interview. “You have individuals who were inspired by Donald Trump’s lies to storm and assault the Capitol and try to prevent the certification of a free and fair election. Donald Trump then absolved them of all of their criminal culpability.”
Trump’s first attorney general and his FBI director each told Congress they opposed pardons for people who hurt police officers, but the president did it anyway. Afterward, even some of his biggest backers balked.
“Pardoning the people who went into the Capitol and beat up a police officer violently, I think, was a mistake, because it seems to suggest that’s an OK thing to do,” Sen. Lindsay Graham, R-S.C., said on NBC’s “Meet the Press” after the pardons in 2025.
Republican Sen. Thom Tillis said on the Senate floor this past January, “People that harm police officers and destroy federal buildings should go to prison, and it’s a damn shame they’re out.”
Trump has never explained why he freed those rioters who violently assaulted police officers. When correspondent Peter Alexander confronted the president about his pardon of the man who shocked Fanone in the neck, Trump brushed aside the question.
“Among those you pardoned, D.J. Rodriguez,” Alexander said to Trump. “He drove a stun gun into the neck of a D.C. police officer who was abducted by the mob that day. He later confessed on video to the FBI and pleaded guilty for his crimes. Why does he deserve a pardon?”
Trump replied, “Well, I don’t know. Is it a pardon? Because we’re looking at commutes and we’re looking at pardons.” Told it was a pardon, he responded, “OK, well, we’ll take a look at everything. But I can say this: Murderers today are not even charged.”
But there was nothing, as Trump commented, to “look at.” Pardons are not reversible.
Fanone believes Trump knew exactly what he was doing: rewarding people who committed violence on his behalf.
“I know that he knows that it was violent. I know that he knows that, and I think that that was intentional,” he said.
In addition to Rodriguez, three others who attacked him were spared most or all of their prison terms:
- Albuquerque Cosper Head got 7 1/2 years for dragging Fanone into the mob while yelling, “I got one!”
- Kyle Young was sentenced to seven years, and Lewis Wayne Snoots to six, for helping to restrain Fanone during the attack.
- Thomas Sibick was sentenced to just over four years for assaulting Fanone and stealing his badge and radio.
Liz Oyer, a former Justice Department pardon attorney, said Trump has disregarded the normal tradition of presidential clemency.
“The things that the Justice Department traditionally looks for are acceptance of responsibility, remorse, rehabilitation, a significant track record of good conduct in the community before we would recommend someone for consideration of a presidential pardon,” she said, adding that few, if any, of the Jan. 6 defendants met that qualification.
“This president’s use of the pardon system is really undermining the legitimacy of our justice system,” she said.
In fact, a Lawfare analysis found that at least 97 of the roughly 1,600 people charged in the Capitol attack have been accused of new crimes since Jan. 6, 2021. At least 19 were accused after being pardoned.
One of the first rioters to breach police barricades, Christopher Moynihanpleaded guilty in February in New York to a harassment charge over threats to kill House Democratic Leader Hakeem Jeffries. Moynihan was later sentenced to three years’ probation.
Zachary Alama man a judge called “one of the most violent and aggressive rioters,” was sentenced in May to seven years in prison after a jury convicted him of committing a home invasion burglary in Virginia.
Andrew Paul Johnsonconvicted of illegally entering the Capitol, was pardoned despite having been accused of molesting children. In May, he was sentenced to life in prison for the sex crimes.
Fanone wasn’t supposed to be at the Capitol that day, but he rushed there when he heard the distress calls.
He was pulled into a crowd of attackers as he was trying to keep them out of the building. He was holding on to his service weapon to keep it from being taken from him. But once he felt the excruciating, debilitating shock from Rodriguez’s weapon, he knew he was in a dire situation; in fact, he thought he might be killed.
“I knew at that point that I was not going to be able to fight my way out of this,” Fanone remembered. “I wasn’t even going to be able to maintain control of my weapon. The only solution here was that people in the crowd helped me, and when I yelled out that I have kids, it worked.”
His doctors say Fanone suffered a heart attack.
Trump supporters have wrongly called Fanone a “crisis actor,” disputing that he really was attacked. Ed Martin, who once represented Jan. 6 defendants and is now the Justice Department’s pardons attorney, called him a “fake cop.”
Fanone says his life, and the lives of his loved ones, has never been the same.
“My mother’s been the target of swatting events eight times. She had a credible bomb threat called into her home,” he said.
“She had an individual pull up to her house in a pickup truck, approach her in her front yard while she was raking leaves, and throw a bag of dog feces at her.”
In an apparent attempt to wipe the charges, convictions or sentences of Jan. 6 offenders from public knowledge, the Justice Department recently took down press releases naming them from its website, calling it “partisan propaganda.”
Anyone who tries to find the official DOJ announcements of the convictions or sentencing of the men who attacked Fanone will see only broken links.
Ken Dilanian is the justice and intelligence correspondent for MS NOW.
- Maricopa County official fears Stephen Miller’s group has taken over election office
- Court denies request to immediately block DOJ ‘slush fund’
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- Spy law on track to lapse after House rejects extension
- US to reach $41T debt ceiling as soon as late winter, forecasters predict
- ‘Incredibly dangerous’: Capitol officer badly beaten by Jan. 6 rioters says Trump pardons absolved them
- Maricopa County official fears Stephen Miller’s group has taken over election office
- US to reach $41T debt ceiling as soon as late winter, forecasters predict
- Capitol agenda: Democrats’ H.R. 1 problem
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