“Trump attorneys say NO!” Justice Department REBUKES Trump
Quick Read
Summary
Takeaways
- ❖Donald Trump sought to prosecute Joe Biden for using an autopen, despite its legality and common use by presidents.
- ❖DOJ prosecutors at the DC US Attorney's Office investigated Trump's demand regarding Biden and quietly shelved it due to lack of evidence.
- ❖Trump's previous attempts to indict James Comey, Letitia James, and six members of Congress were rejected by grand juries or dismissed by judges.
- ❖Trial juries acquitted individuals like the 'sandwich thrower' and Sydney Lorie Reid, whom US Attorney Janine Piro attempted to prosecute for minor incidents as felonies.
- ❖US Attorneys like Janine Piro cannot unilaterally bring felony charges; they require grand jury indictments, which citizen juries have consistently denied for politically motivated cases.
- ❖Prosecutors can use grand jury rejections as 'top cover' to avoid directly defying a president's unlawful demands.
Insights
1DOJ Resists Trump's Autopen Prosecution Demand
Donald Trump directed federal prosecutors at the DC US Attorney's Office to indict Joe Biden for using an autopen. Prosecutors investigated the claim, found no legal basis, and quietly shelved the matter, demonstrating internal resistance to politically motivated prosecutions.
New York Times reporting revealed prosecutors looked into Trump's demand to indict Joe Biden for autopen use and decided there was 'no there there.'
2Grand and Trial Juries Act as Checks on Prosecutorial Abuse
Multiple attempts by Trump and his appointees to secure indictments or convictions against political opponents (e.g., James Comey, Letitia James, six members of Congress, a 'sandwich thrower') were thwarted by grand juries refusing to indict or trial juries delivering 'not guilty' verdicts. These citizen juries served as a critical bulwark against executive overreach.
Grand juries refused to indict six members of Congress () and the 'sandwich thrower' (). Trial juries acquitted Shawn Dunn (the 'sandwich thrower') and Sydney Lorie Reid ().
3The Mechanics of Prosecutorial Power and Resistance
United States Attorneys (presidential appointees) appear on filings but are not 'line attorneys' who do the investigative work or present to grand juries. While a US Attorney can try to bring charges, they still face the requirement of grand jury approval for felonies and the judgment of trial juries for misdemeanors. Grand juries often refuse to indict cases lacking legal merit, even when pushed by politically aligned prosecutors.
US Attorneys are figureheads; line attorneys do the work (). Janine Piro's appointed 'dance photographer' failed to get grand jury votes for Congress members ().
4DOJ's Reversal on Appeals Against Trump's Executive Orders
The Department of Justice initially filed a motion to withdraw appeals against trial court rulings that deemed Trump's executive orders punishing law firms unlawful. However, the next day, the DOJ reversed course and decided to pursue the losing appeals, indicating direct pressure from Trump despite the legal futility.
DOJ quietly filed to withdraw appeals of rulings on Trump's unlawful executive orders (), then reversed the decision the next day ().
Lessons
- Understand that the independence of career prosecutors and the role of citizen juries (grand and trial) are fundamental safeguards against political weaponization of the justice system.
- Recognize that even politically appointed officials in the DOJ cannot unilaterally bypass the legal process, which requires evidence-based cases and the consent of citizen juries for serious charges.
- Be aware of the subtle ways political pressure can influence legal proceedings, such as the DOJ's reversal on appeals, and the importance of vigilance in monitoring such actions.
Quotes
"Donald Trump wanted his federal prosecutors at the DC US attorney's office, my former home for decades, to prosecute Joe Biden in indict Joe Biden for doing what? Using an auto pen. Now, first of all, virtually all presidents have used auto pens since they were invented. Second, there's a DOJ, Office of Legal Counsel opinion saying that presidents are lawfully entitled to use auto pens..."
"There are still a 100,000 employees at the Department of Justice who were there before Donald Trump took the oath of office for his second term. They've hunkered down. They're keeping their head down. They're doing the work of the American people, not of dear leader."
"She would be required to tell the grand jury that because that is exculpatory or helpful evidence or what we call Brady evidence that would help the defense and we by um by our rules and procedures at the Department of Justice. We must present that helpful evidence to the grand jury to give them a balanced picture. But she would walk out with no votes to indict."
"What everybody should remember, Brian, is those people in the grand jury and the trial jury are just ordinary everyday citizens and they are we the people. That's we the people standing up against Donald Trump's lawlessness and prosecutorial abuse."
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