On Tuesday, the Justice Department made it clear that it was still in Donald Trump’s corner when it came to a defamation suit filed by E. Jean Carroll., who has accused Trump of rape. That suit posits that Trump’s claim that he never met the writer, and that her accusations were just “trying to sell a new book” would seem to have no connection to Trump’s official duties. Neither would his claim that Carroll was “not my type.” Even so, the DOJ is defending Trump with the assertion that “Speaking to the public and the press on matters of public concern is undoubtedly part of an elected official’s job,” a position that would seem to license Trump to slander private citizens at will. It’s an argument that a federal judge has already flatly denied, but the DOJ is continuing to support Trump in an appeal of that decision.
It was just one of a series of decisions by Garland — including refusing to provide memos that show how Bill Barr justified failing to charge Trump with obstruction, and keeping former U.S. attorney John Durham on board as a special prosecutor in an unending investigation that seems to have no core principles—that have many fuming over his apparent refusal to make necessary course corrections after Jefferson Sessions and Bill Barr turned the DOJ into a private investigation and persecution service for Trump.
That wasn’t helped on Friday when The Washington Post reported that the DOJ will continue to fight subpoenas attempting to obtain the records of Trump’s Washington hotel. Trump leases the building from the federal government, but despite hearings, subpoenas, and a lawsuit, House committees have been unable to obtain the records they seek. Now the Justice Department is appealing a decision a ruling that the records must be produced, compounding the appearance that even from Mar-a-Lago, Trump still has the agency as his private law firm.
However, expectations are that Garland will announce revisions to the DOJ policy when it comes to seeking the records of reporters involved in leaks. The scope of such investigations was significantly reduced in 2013 — a fact that Sessions and Barr routinely ignored while indulging Trump’s ever active paranoia about leaks. Politico also notes that Garland is expected to speak on Friday afternoon to reaffirm the DOJ’s position in favor of voting rights — a statement that may precede legal action against states that have passed, or are trying to pass, restrictive voting bills.
Meanwhile, Barr has announced that “he didn’t recall” being briefed on the attempts to get into the phone records of Democratic lawmakers. It’s a statement that seems hugely unlikely, as the investigation was moribund in 2017 and revived when Barr took office. However, it’s a statement that is definitely intended to some some heavy-duty CYA for Barr, who already testified to the Senate that he didn’t know about any investigations being carried out at Trump’s orders.
Despite all the efforts, no evidence was ever found that Schiff or Swalwell ever leaked any information. It’s too bad as long as the DOJ was deciding to surveil a co-equal branch of government, they didn’t think to look at any Republican members. Because there’s certainly at least one good candidate who has spilled information all over the place.
Mar 22, 2017 — Nunes launches the first of several press conferences in which he declares that he has secret information showing that the Obama administration spied on Trump. Then Nunes runs back to Paul Ryan, then he holds a second press conference during which it becomes clear that Nunes is both revealing classified information and sharing that information with the people supposedly under investigation by his committee.