Given the political chaos that now exists from the “flood the zone” approach of the Trump Administration, it is easy to be only dimly aware of the current systematic approach by the Trump Administration against political opponents and critics of his conduct.  This has become more than a tactic; it is now a long-term political strategy.

Never before in the history of this country has the DOJ been weaponized in this manner, and if these aggressive investigations and prosecutions continue it will undermine the Rule of Law.  Citizens will come to believe that our legal system now operates on the premise that to the “victor belongs the spoils.”

By way of example, allow me to give a partial list of the prosecutions and/or investigations under the Trump Administration:

Indicted:

James Comey, former Director of the FBI

Letitia James, New York Attorney General

John Bolton, former National Security Advisor

Active investigation:

Jerome Powell, Federal Reserve Chair

Lisa Cook, Governor of the Board of the Federal Reserve

Mark Kelly, US Senator for Arizona

Adam Schiff, US Senator

Minnesota Public Officials:

In many ways this is the most outrageous investigative ploy because after Renee Nicole Good was shot three times at point blank range by an ICE agent, under circumstances that appear to be reckless at best, the DOJ refused to do a joint investigation or cooperate with Minnesota authorities in an investigation. And in response to being criticized, the DOJ sent Federal Grand Jury Subpoenas directed at the activities of Governor Tim Walz, Mayor Jacob Frey and two other state officials.  The theory of this criminal investigation appears to be that the state officials were conspiring to interfere with the activities of ICE, but it’s an obvious distraction from the shooting and the failure of the federal authorities to cooperate with the state authorities.

I have practiced criminal defense work for over 50 years, and I have occasionally seen isolated cases where political insurgents will bring information as to possible criminality by an incumbent administration in the hope that law enforcement may bring a case and accomplish by an indictment what the insurgence cannot achieve at the ballot box.   (This is why the DOJ and many state law enforcement agencies refuse to bring criminal charges within a certain amount of time before an election.)  Occasionally, when charges have been brought against a major financial or political figure, sometimes a claim will be made that the prosecutor is bringing the charges to further their political ambitions.  (Sometimes these claims are true and sometimes they are not.) For example, claims of this nature were made about Rudy Giuliani when he was the U.S. Attorney of the Southern District of New York in Manhattan.

But never have we seen such a systematic utilization of indictments and investigations as has happened by the Trump Administration in the last year.  In my view, some of it may be on reprisal for past disputes, but most of it is motivated by an attempt to instill fear against those who might challenge the activities of the Trump Administration.  In football, the saying goes that “the best defense is a good offense.”  But this is not a sporting event, and people investigated or charged where there is no basis in fact or law, pay a terrible emotional and/or financial price for being subjected to the ordeal of being investigated or prosecuted.

Even though the indictments and prosecutions have been unsuccessful so far (the indictments of James Comey and New York Attorney General Letitia James have been dismissed), the continuous aggressive posture is undoubtedly having a chilling effect on whether or how people will speak out.  This is the objective of weaponizing the DOJ.  On the day Trump was sworn in he signed an Executive Order entitled “Ending the Weaponization of the Federal Government.”  In it, the Executive Order accuses the prior administration of “weaponizing the legal force of numerous federal law enforcement agencies” against those “perceived political opponents in the form of investigations, prosecutions, civil enforcement actions, and other related actions.”  This is exactly what the Trump Administration has been doing for the past year.  Looking back, the Executive Order was actually a calculated primer meant to justify his plan to weaponize the DOJ.

Given the chaos that has reigned because of the avalanche of the political and economic events in this country and around the world, it is easy not to fully focus on the potential for injustice occasioned by these politically motivated investigations and prosecutions.  People may just throw up their hands and say this is merely a legal problem, and let the lawyers fight it out.  In my view, this is a practice which, if continued, will impact the structure of our government and the democratic process.  I believe that Dr. Martin Luther King said it best:  “Our lives begin to end the day we become silent about things that matter.”