Trump's Justice Department pushes a spate of politically sensitive cases as midterm elections near
Defense lawyers and Democrats say a blitz of headline-making actions and cases is no coincidence and reeks of politics — in both the timing and the targets.
As the midterm elections approach, President Donald Trump's Justice Department has been embarking on a flurry of politically charged actions and investigations, according to defense lawyers, Democrats, and critics. The timing and targets of these actions have raised concerns about the department's possible political motives.
In the past month alone, the Justice Department intensified an inquiry into Democratic Rep. Ilhan Omar, conducting a search of her residence. Simultaneously, the department charged two former FBI officials with false statements regarding their knowledge of investigations involving Hunter Biden. Furthermore, the department has attempted to indict James Comey, the former FBI Director, and made an unsuccessful attempt to indict a former White House aide who testified about Trump's efforts to overturn the 2020 election.
These actions are not only significant due to their timing but also because they primarily target outspoken critics of Trump or issues that have resonated with the Republican base. The Justice Department has also employed unconventional tactics, such as bypassing grand juries to file placeholder cases against Comey and the ex-FBI officials in Washington, D.C., a historically difficult jurisdiction for prosecutors to secure indictments.
No modern Department of Justice has ever demonstrated such disregard for established norms and protocols in investigating politically sensitive cases, according to David Laufman, a senior Justice Department official who served under both Democratic and Republican administrations. The Justice Department, in response, maintains that it is "following the facts and the law, not anyone's political timetable."
While the Justice Department typically refrains from major actions before an election to avoid influencing political outcomes, department policy is based on the principle of purpose rather than proximity to Election Day. This means that the department does not stop ongoing work during election season. However, the standard emphasizes the importance of avoiding actions that could influence an election, rather than simply avoiding actions close to Election Day.
The department's spokesperson clarified that the policy is an informal practice, not a written rule, and that the timing of actions should not be used to affect an election. The standard is purpose, not proximity to Election Day.
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