The Dictatorship
James Comey and Letitia James press for dismissal of their cases, challenge prosecutor’s appointment
ALEXANDRIA, Va. (AP) — Lawyers for former FBI Director James Comey and New York Attorney General Letitia James asked a judge Thursday to dismiss the cases against them, saying the prosecutor who secured the indictments was illegally installed in the role.
U.S. District Judge Cameron McGowan Currie said she expects to decide by Thanksgiving on challenges to Lindsey Halligan’s appointment as interim U.S. attorney for the Eastern District of Virginia. That decision could help determine the fate of the politically charged cases, which were both shepherded by the hastily installed Halligan and together have amplified concerns that the Justice Department is being used as a weapon to target President Donald Trump’s perceived adversaries.
Halligan was installed in the job at Trump’s urging by Attorney General Pam Bondi in September, just days before Comey was indictedin what defense lawyers say was an end-run around the constitutional and statutory rules governing the appointment of U.S. attorneys. They say the maneuver was designed to ensure indictments against the president’s political opponents after the prosecutor who had been overseeing the two investigations, but had not brought charges, was effectively forced out.
“Ms. Halligan was the sole prosecutor in the grand jury room, and when the sole prosecutor lacks the authority,” said Ephraim McDowell, one of Comey’s defense lawyers, “that’s not going to be a harmless error.”
U.S. attorneys, top federal prosecutors who oversee regional Justice Department outposts across the country, are typically nominated by the president and then confirmed by the Senate. Attorneys general do have the authority to name an interim U.S. attorney who can serve for 120 days, but lawyers for Comey and James argued that once that period expires, the law gives federal judges the exclusive say of who gets to fill the vacancy.
The interim US attorney resigned under pressure
After then-interim U.S. attorney Erik Siebert resigned in September while facing Trump administration pressure to bring charges against Comey and James, Bondi installed Halligan, a White House aide with no prior prosecutorial experience. The appointment followed a Trump post on Truth Social in which he complained to Bondi about the lack of prosecutorial action against his political enemies and said, “JUSTICE MUST BE SERVED, NOW!!!”
Siebert had been appointed by Bondi in January to serve as interim U.S. attorney. Trump in May announced his intention to nominate him, and judges in the Eastern District unanimously agreed after his 120-day period expired that he should be retained in the role.
But after the Trump administration effectively pushed him out in September, the Justice Department again opted to make an interim appointment in place of the courts, something defense lawyers say it was not empowered under the law to do.
“If the government were to prevail here,” McDowell said, then it “would never need to go through Senate confirmation again for U.S. attorneys.” He said any dismissal of the indictment must be permanent, with no opportunity to bring the case again, to avoid rewarding the government for a violation.
The Justice Department defends Halligan’s appointment
The Justice Department maintains that the law does not explicitly prohibit successive appointments of interim U.S. attorneys by the attorney general. Henry Whitaker, a lawyer for the department, argued that the indictment was properly returned by a grand jury and should not be dismissed over what he described as at most a paperwork or clerical error.
“The grand jury made a decision based on the facts and the law, and they followed their oath,” Whitaker said.
He also said that even if there were questions about Halligan’s appointment, they were resolved by the fact that Bondi had personally ratified the indictment and reviewed the grand jury proceedings. But Currie, the judge, questioned whether that was possible given that a section of the grand jury proceedings that were produced to her was, for unexplained reasons, missing a section.
A Justice Department spokesperson later said that there was no missing time and that the time period in question concerns when the grand jury was deliberating, which “would not be included in a transcription.”
Comey has pleaded not guilty to charges of making a false statement and obstructing Congress, and James, a Democrat, has pleaded not guilty to mortgage fraud allegations. The challenges to Halligan’s appointment are part of a multiprong effort to get the prosecutions tossed before trial. Their lawyers have separately argued that the prosecutions are improperly vindictive and motivated by the president’s personal animus toward their clients and should therefore be dismissed.
Trump’s history with Comey and James
Comey, as FBI director in the early months of Trump’s first term, infuriated the president through his oversight of an investigation into potential ties between Russia and Trump’s 2016 campaign. Trump fired Comey in May 2017. The two have been open adversaries since, with Comey labeling Trump “unethical” and comparing him to a Mafia boss and Trump branding Comey an “untruthful slime ball” and calling for him to be punished because of the Russia investigation.
James has been a frequent target of Trump’s ire, especially since she won a staggering judgment against him and the Trump Organization in a lawsuit alleging he defrauded banks by overstating the value of his real estate holdings on financial statements. An appeals court overturned the finewhich had ballooned to more than $500 million with interest, but upheld a lower court’s finding that Trump had committed fraud.
The Dictatorship
National Guard and Park Police patrol as coating peels…
WASHINGTON (AP) — National Guard members and U.S. Park Police patrolled the deck around the Lincoln Memorial Reflecting Pool on Monday as President Donald Trump’s administration faces a self-imposed deadline to fix a botched renovation before the nation’s 250th anniversary celebration.
The patrols came two days after Trump said authorities had made “multiple arrests” of people he insisted were responsible for damage to the peeling coating after an algae bloom occurred. The liner was installed as part of his $14 million-plus project.
The president has confirmed the problems most likely require draining the pool again for liner repairs and he promised a quick fix. Without offering substantiation, he also said vandals dumped fertilizer in the pool and slashed the coating with a box cutter.
But the timeline was not clear Monday, with the White House saying damaged areas are still being assessed. Contractors and federal workers in recent days have been using chemicals and ozone nanobubbles to combat the algae.
Trump pitched the original improvements as intended to clean, beautify and reinforce an iconic site that he said had become dilapidated and dirty because of previous presidents’ neglect. Algae has plagued the pool for a century, and Trump insisted that a newly installed “American flag blue” coating, which he selected himself, would turn the pool into a gleaming expanse along the National Mall.
Yet within weeks of Trump declaring the rehabilitation completed in time for Independence Day, the water was plagued by a vivid green algae bloom that clouded the pool’s coating. A piece of liner, about 4 square feet, was observed Friday partially floating in the pool. The Associated Press saw additional pieces in the water Monday.
Via social media, the president has blamed the problems on “SICK, DERANGED PEOPLE!” He asserted Monday on Truth Social that intentional damages include a “300 foot long gash” and that “chemicals have been illegally placed in the water.” A day earlier, Trump posted, “Work will begin immediately on fixing the seriously vandalized Reflecting Pool.”
At an executive order signing on Monday, the president said five people had been arrested and five more were under suspicion, and he deflected blame for the pool’s maintenance issues: “I can’t help it if somebody goes in with a knife and starts hacking it up.” He has not backed up those claims, and even if anyone has deliberately peeled or cut the lining, that would not explain the algae bloom that appeared more intensely than what typically occurred before the renovation.
Images showing that Trump’s project apparently backfired boomeranged across social media last week, drawing crowds of onlookers eager to see the effects themselves. An unknown number ended up being detained by federal authorities.
One man arrested was David Hearn, 67, of Bethesda, Maryland. A former Olympic canoe racer, Hearn told The Associated Press that he reached into the pool because he wanted to examine the peeling new coating. He said he briefly touched a chunk that was still attached to the side of the pool, then let go shortly after a park worker told him to. Hearn said he was then detained by National Guard troops and Park Police for five hours before being released Friday night.
“I’m a curious citizen,” Hearn said in a telephone interview. “I reached down to see what it felt like. It was very rubbery.”
The Park Police did not immediately respond Monday to AP’s questions about how many arrests were made and whether any charges had been filed. Washington’s Metropolitan Police Department said Monday that the agency is not involved.
The White House said Monday that any arrests have been made only by the U.S. Park Police.
It was not immediately apparent what criminal or civil violation someone might commit reaching into the pool. Trump, in one of his Truth Social posts, cited laws against defacing monuments as grounds for imprisoning anyone harming the pool.
___
Barrow reported from Atlanta. Katie Vogel contributed reporting from Washington.
The Dictatorship
8 convicted in Texas immigration center shooting sentenced to decades in prison
FORT WORTH, Texas (AP) — Eight protesters accused by the Justice Department of having ties to antifawere sentenced Tuesday to decades in federal prison over a shooting outside a Texas immigration detention center that wounded a police officer. Prosecutors have called the shooting an act of terrorism.
One of the defendants, a former U.S. Marine Corps reservist convicted of opening fire during the July 4 demonstration outside the Prairieland Detention Center near Dallas, was sentenced to 100 years in prison, the maximum punishment.
The lengthy sentences were condemned by family members and supporters in a news conference outside the federal courthouse in Fort Worth. Hope Song, whose son Benjamin Songreceived the heftiest sentence, disputed prosecutors’ claims that her son shot the officer and said he didn’t intend to hurt anyone.
U.S. District Judge Reed O’Connor, one of two judges overseeing the proceedings, said what happened wasn’t a protest but “an assault on democracy.”
“The need to deter this type of conduct is high,” O’Connor said.
The seven other protesters received prison terms ranging from 30 to 70 years.
Prosecutors said the eight are members of antifa, a decentralized anti-fascist organization and a targetof the Trump administration. Antifa is not a single organization but rather an umbrella term for far-left militant groups that confront or resist neo-Nazis and white supremacists at demonstrations.
President Donald Trump last fall signed an executive order designating antifa a domestic terrorist organization, even though there is no domestic equivalent to the State Department’s list of foreign terror organizations.
The defendants deny any affiliation with antifa and maintain they attended the demonstration in support of detained immigrants.
Prosecutor Frank Gatto urged the judge to impose stiff penalties.
“People with that kind of extremist beliefs need extra time in prison,” Gatto said. “They believe violence is justified.”
Phillip Hayes, Song’s attorney, said outside the courthouse that he takes issue with the idea that the protesters are extremists.
“This is a bunch of kids and young adults who really have a really big heart and really wanted their voice to be heard,” Hayes said. “It was never intended that anybody get hurt. It was never intended that any shots would be fired.”
Prosecutors said in court that Song had yelled “get to the rifles” and opened fire, striking a police officer who had just pulled up to the center.
Hayes argued that Song’s shots were “suppressive fire” and that a ricochet bullet hit the officer after he arrived on the scene and “aggressively” pulled out his firearm. He said his client will appeal the 100-year sentence.
“Song, aside from this day, has had an impeccable life. A former Marine. A good student,” Hayes said. “He had a lot of good qualities that were just ignored. The judge went ahead and gave as much as he could.”
Other defendants and their family members pleaded for leniency in court.
Autumn Hill said the gathering “seemed more like a party to me than anything else” and that she and others who participated “didn’t expect or want any violence or destruction of property to occur.”
Amber Lowrey told the judge that her sister, Savanna Batten, is a compassionate person with dreams of opening a bakery. She said Batten’s activism started with animal rights and evolved into anti-war and human rights advocacy.
“She’s the best person I know,” Lowrey said.
Hill and Batten both received 50-year sentences.
Other defendants previously pleaded guilty to providing material support to terrorists rather than take their case to trial.
Critics warn the case could have a wide-reaching impact on protests given that organizations operating within the U.S. are supposed to be protected by First Amendment free-speech rights.
Last week, federal prosecutors charged 15 peoplewith impeding the Trump administration’s immigration crackdownin Minnesota. They claimed the demonstrators were members of antifa who conspired against the federal government to block arrests and deportations by setting up blockades around government buildings and throwing chunks of ice at federal vehicles, among other actions.
The Dictatorship
Tulsi Gabbard and Senate GOP face difficult new questions over influence of her ‘guru’
About a month into Donald Trump’s second term, Senate Republicans weighed whether to confirm one of the president’s worst nominees. Indeed, the list of reasons to reject Tulsi Gabbard’s nomination for director of national intelligence was not short.
The former congresswoman lacked the requisite experience in intelligence matters. She had an indefensible habit of echoing Russian propaganda. She struggled to explain her record of defending Bashar al-Assad’s Syrian regime. Senators heard from former national security officials who issued unsubtle warnings about elevating Gabbard to an important and influential position.
But in case that weren’t quite enough, let’s also not overlook the fact that Gabbard was a member of a secretive Hare Krishna offshoot religious sect that is considered by many of its former members to be an abusive cult.
Gabbard, who wrapped up her tenure as DNI last week, has long insisted that any suggestion that she was somehow enthralled to or controlled by this sect or its leader, whom she has referred to as her “guru,” is just bigotry against her faith.
But it’s against this backdrop that The Washington Post obtained hundreds of secret memos prepared for Gabbard during her congressional tenure, which were put together by members of the alleged cult and which included thousands of pages of specific directives to her on policy and politics.
After careful analysis of thousands of these documents, which have not been independently verified by MS NOW, the Post determined that they likely came from Gabbard’s secretive guru, a man named Chris Butler.
The memos, starting in 2013, when the Hawaiian first arrived on Capitol Hill, reflect a dynamic in which Gabbard didn’t just take direction from the materials, but essentially took dictation from the alleged cult leader: Memos told Gabbard what she should do as a member of Congress, and she often did exactly that, sometimes word for word.
The Post’s Jon Swaine spent months trying to get Gabbard to respond to questions, but to no avail. Her spokeswoman reportedly encouraged Swaine to drop the story, saying, “I cannot imagine WaPo’s readers would be interested in yet another uncredible, bigoted attack on the DNI’s faith.”
On May 20, Swaine nevertheless alerted the DNI and top members of her staff to the fact that the Post was prepared to publish his reporting anyway on her association with Butler.
On May 22, Fox News reported that Gabbard was leaving the administration, ostensibly because of a health issue involving her husband.
This week, Senate Minority Leader Chuck Schumer spoke on the Senate floor and commented on the reporting:
There are reports that Tulsi Gabbard was receiving instructions from a so-called guru and repeating them word for word. That ought to concern all of us if it’s true. No one knows who this guru really is, what his connections are, and where the instructions came from. … We need answers.
The New York Democrat’s comments made sense, though it’s worth considering who, exactly, “we need answers” from.
It stands to reason, for example, that Gabbard has some explaining to do, but I’m also interested in the answers from those who elevated her to an influential intelligence office in the first place.
In February 2025, confronted with an avalanche of reasons to reject Gabbard’s nomination, 52 Senate Republicans — every GOP member except Kentucky’s Mitch McConnell — shrugged off every red flag and voted to confirm her as the nation’s DNI, including so-called “moderates” such as Maine’s Susan Collins and Alaska’s Lisa Murkowski.
The question for these 52 senators seems obvious: Do you regret that confirmation vote and now recognize it as a mistake? Or do you still think it was a good idea to put Gabbard in this influential intelligence position?
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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