Quick Read

Former federal prosecutor Andrew Weissmann details how Donald Trump's administration has systematically corrupted the US justice system, from executive orders targeting law firms to undermining grand juries and judicial appointments, and proposes legal remedies to safeguard democracy.
Trump's executive orders coerced law firms into providing over $1 billion in pro bono work to his administration.
Weissmann proposes criminalizing material lies about elections, drawing parallels to laws in England and Brazil.
The Broadview case exemplifies grand jury manipulation, with prosecutors vouching for evidence, holding off-record communications, and removing dissenting jurors.

Summary

Andrew Weissmann, lead prosecutor in Robert Mueller's special counsel's office, discusses the systemic corruption of the justice system under Donald Trump, drawing from his book, "Liars Kingdom: How to Stop Trump's Deceit and Save America." He highlights Trump's executive order 14246, which targeted law firms like Jenner & Block (where Weissmann previously worked) for engaging in 'partisan' pro bono work, leading many firms to collectively pledge over a billion dollars in pro bono services to the Trump administration. Weissmann advocates for legal reforms, including criminalizing material lies about elections, citing examples from England and Brazil where such laws exist. He exposes the manipulation of the grand jury system, specifically the Broadview case where a US attorney presented partial and false information, leading to a judge dismissing charges and admonishing the prosecutor. Finally, Weissmann criticizes judicial nominees who refuse to acknowledge the legitimacy of the 2020 election, arguing such behavior is disqualifying for lifetime appointments and undermines judicial independence and adherence to facts.
This analysis reveals the systematic vulnerabilities within the US justice system and democratic institutions when faced with an administration willing to exploit them for political gain. It underscores the urgent need for legal reforms to protect election integrity, judicial independence, and the impartiality of federal prosecution, directly impacting the future stability and fairness of American governance and the rule of law.

Takeaways

  • Trump's Executive Order 14246 targeted law firms, including Jenner & Block, for perceived political opposition, leading to firms caving and providing significant pro bono work.
  • Andrew Weissmann was personally targeted by a Trump executive order, which a federal judge later found violated his First Amendment rights.
  • Weissmann's book proposes a legal remedy to criminalize material lies about elections, similar to laws in other democracies like England and Brazil.
  • The current US legal framework already criminalizes lying to federal officers (18 USC 101), which could be expanded to cover election-related falsehoods.
  • The Broadview case in Chicago exposed severe corruption within the grand jury system, including prosecutors vouching for evidence, off-record communications, removal of dissenting jurors, and submission of partial transcripts.
  • Judicial nominees who refuse to acknowledge the legitimate outcome of the 2020 election are seen as fundamentally disqualified due to a lack of independence and tethering to facts and law.

Insights

1Weaponization of Executive Orders Against Law Firms

Trump's Executive Order 14246 explicitly targeted law firms, including Jenner & Block, claiming they could not receive federal contracts or security clearances due to 'partisan' pro bono work. This pressure led many firms, notably Paul Weiss, to collectively provide over a billion dollars in pro bono legal work to the Trump administration, effectively coercing legal services based on political alignment.

Trump's Executive Order 14246; four law firms fought the orders, while many caved, agreeing to give over a billion dollars worth of pro bono legal work to the Trump administration. Paul Weiss, a revered firm, caved.

2Proposed Remedy: Criminalizing Election Lies

Weissmann advocates for a legal framework, potentially through a federal statute (like 18 USC 101 for false statements), to criminalize material, intentional lies about elections. He argues that while lies are regulated in other contexts (e.g., corporate fraud, defamation), election-related lies, even those as significant as claims of widespread fraud in the 2020 election, are not. He cites examples from England (disqualification for material lies about opponents) and Brazil (former President Bolsonaro barred for election lies) as precedents.

Comparison to criminal prosecution for Enron leaders, Roger Stone, Paul Manafort, and civil defamation lawsuits against Rudy Giuliani and E. Jean Carroll. Examples of laws in England and Brazil where politicians can be disqualified or barred for election lies.

3Corruption of the Grand Jury System: The Broadview Case

The Broadview case in Chicago revealed severe misconduct by a Trump-appointed US attorney, Andrew Bros, in presenting a case against ICE protesters to a grand jury. The judge found four major issues: the prosecutor vouched for evidence, engaged in off-record substantive communications with grand jurors, removed three grand jurors who disagreed with the government's direction, and initially submitted a partial transcript of the proceedings, omitting these issues. This led to the dismissal of all charges and an admonishment of the US attorney.

Judge's remarks in the Broadview case transcript, detailing four issues: prosecutor vouching for evidence, substantive off-record communications with grand jurors, removal of dissenting grand jurors, and submission of partial transcripts.

4Compromising Judicial Independence Through Appointments

Weissmann asserts that judicial nominees who refuse to acknowledge the factual outcome of the 2020 election, despite over 60 court cases rejecting fraud claims, are fundamentally unfit for lifetime appointments. Such behavior demonstrates a lack of independence from political influence and an unwillingness to be tethered to facts and law, thereby corrupting one of the last functioning checks and balances in the US government.

Judicial nominees consistently refusing to acknowledge the 2020 election results during Senate Judiciary Committee hearings. Over 60 court cases rejected challenges to the 2020 election.

Lessons

  • Advocate for legislative reforms that criminalize material lies about elections, drawing inspiration from international precedents to protect democratic integrity.
  • Demand greater transparency and accountability in the grand jury process, including strict adherence to rules against off-record communications and the removal of dissenting jurors.
  • Scrutinize judicial nominees for their commitment to judicial independence and their willingness to uphold established facts and legal precedents, especially concerning election integrity.

Quotes

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"We have all sorts of ways that we deal with intentional lies. And I was struck by the fact that we don't deal with lies when we're talking about the ballot box."

Andrew Weissmann
"

"Grand juries are what stand between, you know, us and an indictment. An indictment on a for any felony has to be uh brought at the federal level by a grand jury."

Andrew Weissmann
"

"The point of a judge is twofold. One, you have to be completely independent of the political process... Two, you have to be tethered to the facts and the law."

Andrew Weissmann

Q&A

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