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The Dictatorship

There are two kinds of attorneys. Trump’s preference is painstakingly clear.

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There are two kinds of attorneys. Trump’s preference is painstakingly clear.

Since Watergate, Americans have expected presidents to steer clear of criminal prosecutions. But under Donald Trump, presidential interference is happening in broad daylight — enabled by his replacement of seasoned, Senate-confirmed prosecutors with political loyalists devoted to him, not the law.

Trump has only 18 of 93 Senate-confirmed U.S. attorneys in place. (He had 46 confirmed during the first year of his first term). But a lack of Senate-confirmed prosecutors hasn’t stopped Trump. To the contrary, he has a network of acting prosecutors who do what Trump wants — particularly prosecuting his critics — as quickly as he wants them, whether or not the law supports it.

Halligan’s decision to present those cases appears to violate Justice Department norms.

Lindsey Halligan, Trump’s hand-picked interim U.S. attorney for the Eastern District of Virginia, has no prosecutorial experience, and she did what her predecessor and the nonpartisan line prosecutors in her office refused to do: She presented felony charges to a grand jury against two of Trump’s critics, former FBI Director James Comey and New York Attorney General Letitia James. Because prosecutors aren’t supposed to bring charges unless the evidence is sufficient to obtain and sustain a conviction, Halligan’s decision to present those cases appears to violate Justice Department norms.

The New York Times reported in August that in the Northern District of New York, John Sarcone III, another Trump pick with no prosecutorial experienceissued subpoenas to James’ office probing whether James (whose office won the civil fraud case against the Trump Organization and a high-profile corruption case against the National Rifle Association ) violated Trump’s rights or those of his businesses or the NRA. Sarcone hasn’t been confirmed by the U.S. Senate. Attorney General Pam Bondi installed him “indefinitely” through an unusual maneuver after local federal judges declined to appoint him.

In New Jersey, Alina Habba, a former personal attorney of Trump’s who had no experience as a prosecutor, charged Newark’s Democratic Mayor Ras Baraka and Rep. LaMonica McIver, D-N.J., with crimes some time after she spoke to a right-wing podcaster about turning “New Jersey red.” Baraka was charged with misdemeanor trespassing outside an ICE detention facility in Newark and McIver with assaulting two law enforcement officers there.

Habba dropped the charge against barka, WHO”https://www.nytimes.com/2025/06/03/nyregion/ras-baraka-alina-habba-lawsuit-ice.html”>now suing Habba, claiming malicious prosecution. At the court hearing where a federal judge approved the government’s request to drop the charge against Baraka, the judge had a scathing rebuke for Habba: “The apparent rush in this case, culminating today in the embarrassing retraction of charges, suggests a failure to adequately investigate.” The judge continued: “Your office must operate with a higher standard. … Your role is not to secure convictions at all costsnor to satisfy public clamor, nor to advance political agendas.”

Though the case against McIver continues, so do questions about the legitimacy of Habba’s appointment. A bipartisan group of 10 former U.S. attorneys from the Reagan era to the Biden administration filed an amicus brief with the 3rd Circuit U.S. Court of Appeals in which they agree with a federal court ruling that found that Habba was appointed improperly. The appellate court is scheduled to hear oral arguments in that case Monday.

A federal judge in Nevada recently ruled last month that the appointment of acting U.S. Attorney Sigal Chattah was invalid. This week in Los Angeles, another judge weighed whether the Central District of California’s top prosecutor ought to be in the position.

None of this is normal. The Senate is supposed to confirm U.S. attorneys — the nation’s top federal prosecutors — to help ensure independence and accountability. While presidents can make short-term appointments, those typically expire after 120 days. At that point, federal judges may appoint temporary replacements. Trump has upended that system, using extraordinary and untested legal maneuvers, such as naming Sarcone “special attorney to the attorney general,” to bypass Senate confirmation and keep loyalists in place.

Ed Martin, Trump’s nominee for U.S. attorney in Washington, D.C., who failed to win confirmation even in a Republican-controlled Senate, told reporters earlier this year, “There are some really bad actors, some people that did some really bad things to the American people. And if they can be charged, we’ll charge them. But if they can’t be charged, we will name them.”

None of this is normal. The Senate is supposed to confirm the nation’s top federal prosecutors to help ensure independence and accountability.

“In a culture that respects shame,” he added, “they should be people that are ashamed.”

Martin now leads the DOJ’s so-called “weaponization” working group, but in any previous, post-Watergate administration, his statement would have cost him his job. Federal prosecutors have been taught to bring cases only when there’s enough evidence to obtain and sustain a conviction in court; not to shame people in the court of public opinion.

Trump’s second term has laid bare his determination to replace independent thinkers and prosecutors with political enforcers. The Justice Department’s Public Integrity Section — once the moral center on matters of corruption — has been hollowed out. Most of its veteran lawyers have been fired or reassigned, and The Washington Post reported in May that Bondi was reportedly weighing a plan that would allow federal prosecutors to seek indictments of members of Congress without the customary review of the career prosecutors who remain in the section.

“The reason you have the section is exactly what this administration says they want, which is [to] stop politicization,” former public integrity attorney Dan Schwager, told The Washington Post in that May report. “That requires a respect and ability to understand how the laws have been applied in similar situations in the past. The only way to ensure that public officials on both sides of the aisle are treated similarly is to have as much institutional knowledge and experience as possible.”

And BLN reported Thursday that “Career federal prosecutors are navigating what colleagues describe as an intense White House pressure campaign to execute Donald Trump’s vows of vengeance against his political foes and critics.”

During Trump’s first term, Attorney General Jeff Sessions refused to shut down the FBI’s investigation of Russian interference in the 2016 election and eventually recused himself from it altogether. His successor, Bill Barr, rejected Trump’s lies about the 2020 election. In the Southern District of New York, U.S. Attorney Geoffrey Berman refused to bring baseless charges against former Secretary of State John Kerry. Even special counsel John Durham, who spent four years and $8 million investigating what Trump termed the “Russia hoax,” found no evidence of politically motivated misconduct on behalf of the FBI.

This is not merely a bureaucratic reshuffle.

In Trump 2.0, those kinds of officials are gone. In their place are people like Bondi, who peddled false claims of voter fraud in 2020, and who said nothing critical after a social media post in which Trump openly pushed for her to prosecute his perceived enemies.

This is not merely a bureaucratic reshuffle. It is a fundamental assault on the post-Watergate norms that have defined the Justice Department for half a century. And Trump’s sidestepping of the Senate and putting in power people whose chief qualifications appear to be a willingness to do what he says threatens not only defendants but public faith in the impartial administration of justice.

There are two kinds of federal prosecutors: those who follow the facts and the law and those who bend to political pressure. It’s clear which kind Trump prefers.

Anthony Coley

Anthony Coley is a political analyst for NBC and BLN. He was director of the Justice Department’s Office of Public Affairs in the Biden administration and a communications director for U.S. Sen. Ted Kennedy.

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The Dictatorship

Justice Jackson keeps calling out what she sees as needless Supreme Court interventions

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Justice Jackson keeps calling out what she sees as needless Supreme Court interventions

Justice Ketanji Brown Jackson continues to speak out when she believes her colleagues are misusing their power. The latest example came Monday, when the Biden appointee dissented from a Supreme Court ruling in favor of law enforcement in a Fourth Amendment case.

In District of Columbia v. R.W.the high court majority disagreed with a ruling from D.C.’s appeals court that said a police officer violated the amendment by stopping a person without reasonable suspicion. In an unsigned through the court opinion, the justices said the D.C. court failed to properly consider the “totality of the circumstances.” The justices summarily reversed the lower court.

Jackson, however, saw the maneuver by her colleagues as heavy-handed.

In her dissent, she wrote that if the court’s intervention “reflects disapproval” of the D.C. court’s “assessment of which particular facts to weigh and to what extent, I cannot fathom why that kind of factbound determination warranted correction by this Court.” She deemed the move “not a worthy accomplishment for the unusual step of summary reversal.”

A notation at the end of the majority’s opinion said that Justice Sonia Sotomayor would have denied D.C.’s petition for high court review, but she didn’t join Jackson’s dissent or write her own to elaborate.

Jackson’s dissent follows a lecture she gave last week at Yale Law School in which she criticized what she saw as her colleagues’ disrespect of lower courts’ work.

Monday’s ruling appeared among several high court actions on a 25-page order lista routine document containing the latest action on pending appeals. The list is mostly unexplained denials of petitions for review, but sometimes it contains opinions and justices writing separately to explain themselves.

In another case on the list, Sotomayor, Jackson and the court’s third Democratic-appointed justice, Elena Kagan, all noted their dissent from the majority’s unexplained summary reversal in favor of law enforcement in a qualified immunity case.

It takes four justices to grant review of a petition. That simple math underscores the lack of power wielded by the three Democratic appointees, especially on the most contentious issues.

On that note, one of the new cases the court took up on Monday involves its latest foray into religion in public life, which the religious side has been winning at the court. The new case is an appeal from Catholic preschools in Colorado that want public funding while still admitting, as they wrote in their petition“only families who support Catholic beliefs, including on sex and gender.” The case will be heard in the next court term that starts in October.

Jordan Rubin is the Deadline: Legal Blog writer. He was a prosecutor for the New York County District Attorney’s Office in Manhattan and is the author of “Bizarro,” a book about the secret war on synthetic drugs. Before he joined MS NOW, he was a legal reporter for Bloomberg Law.

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The Dictatorship

The White House’s personal, financial and diplomatic lines keep blurring

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The White House’s personal, financial and diplomatic lines keep blurring

About a month ago, when Donald Trump spoke at a conference for Saudi Arabia’s sovereign investment fund, it was hard not to notice the complexities of the circumstances. On the one hand, Riyadh has helped steer the White House’s policy in Iran. On the other hand, the president’s son-in-law, having already received billions of dollars from Saudi Arabia, recently turned to the Middle Eastern country for more money for his private investment firm.

All the while, Saudi officials remain focused on private dealings with Trump’s family business, as the Republican extended his public support to the sovereign investment fund, ignored Pentagon concerns about selling F-35 fighter jets to Saudi Arabia and designated Saudi Arabia a “major non-NATO ally” as part of a new security agreement.

The trouble is, it’s not just the Saudis.

The New York Times reported on wealthy interests in Syria with ambitions plans for the nation’s future who needed the U.S. to drop the economic sanctions that crippled the country during Bashar al-Assad’s reign. One Syrian-born businessman, Mohamad Al-Khayyat, secured a meeting with Republican Rep. Joe Wilson of South Carolina, who recommended that plans for a luxury golf course carry the Trump Organization brand as a way of getting the American president’s attention.

The Times’ report, which has not been independently verified by MS NOW, added that the businessman was way ahead of the congressman. He’d already planned to propose a Trump-branded resort. The same businessman’s brothers, who enjoy the backing of Thomas Barrack, the American president’s special envoy to Syria, were also negotiating a real estate partnership with Ivanka Trump and Jared Kushner.

The Times summarized the broader context nicely:

Such a mixing of personal and diplomatic affairs has long been the norm in Middle Eastern nations, where a small set of players have historically run, and profited from, their dominant role in society. But it has become the way Washington operates in Mr. Trump’s second term, too.

Business discussions involving the president’s family … are consistently blurred with important policy decisions or consequential nation-to-nation negotiations.

Not to put too fine a point on this, but developments like these aren’t supposed to happen in the U.S. If a foreign country wants a change in federal economic sanctions, it’s supposed to go through proper diplomatic and economic channels as part of a formal process to prevent corruption and potential conflicts of interests.

In 2026, that model has been torn down — and replaced with what the Times described as “a warped system of executive patronage,” which is awfully tough to defend.

The article added:

Mohamad Al-Khayyat returned to Washington late last year toting a special stone celebrating the proposed golf course, carved with the Trump family emblem. He presented it to Mr. Wilson in his Capitol Hill office to deliver to the White House. Mr. Al-Khayyat then joined meetings with other lawmakers to push the sanctions repeal.

Weeks later, legislation for a permanent repeal won approval in Congress and was signed into law by Mr. Trump in late December.

This was no doubt noticed by officials and monied interests elsewhere, sending a clear signal about how to interact with the U.S. government (at least until January 2029).

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 Dictatorship

Monday’s Campaign Round-Up, 4.20.26: Obama makes one last pitch ahead of Virginia race

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Monday’s Campaign Round-Up, 4.20.26: Obama makes one last pitch ahead of Virginia race

Today’s installment of campaign-related news items from across the country.

* This week’s biggest election is in Virginia, where voters will decide whether to advance a Democratic redistricting effort. Ahead of Tuesday’s balloting, Barack Obama filmed one last pitch to the electorate in the commonwealth.

* With former Rep. Eric Swalwell out of California’s gubernatorial race, billionaire Tom Steyer is spending heavily to claim the front-runner slot. The Associated Press reported“Data compiled by advertising tracker AdImpact show Steyer has spent or booked over $115 million in ads for broadcast TV, cable and radio — nearly 30 times the amount of his nearest Democratic rival.”

* On a related note, the California Teachers Association, which had backed Swalwell, threw its support behind Steyer’s bid last week.

* When Donald Trump held an event in Nevada last week, many watched to see whether Joe Lombardo, the state’s Republican governor who is facing a tough re-election fight in the fall, appeared at the gathering. He did notthough Lt. Gov. Stavros Anthony spoke at the event.

* In Pennsylvania, Democratic Sen. John Fetterman isn’t up for re-election until 2028, but Punchbowl News asked every other Democratic member of the state’s congressional delegation whether the incumbent senator should run for a second term as a Democrat. Not one said he should.

* Jack Daly, a political operative who pleaded guilty in 2023 to defrauding thousands of conservative political donors, has lost some Republican clients of late, but the National Republican Senatorial Committee has continued to use the services of Daly’s firm.

* And in Tennessee, Republican Rep. Andy Ogles appears to be running for re-election, though his fundraising is badly lacking: As of the end of March, the far-right incumbent only had around $85,000 cash on handwhich lags his GOP primary opponent, former Tennessee Agriculture Commissioner Charlie Hatcher, who has around $150,000 in his campaign account.

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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