Pam Bondi’s obsequious attempts to prosecute Trump’s enemies aren’t just doomed to fail, they’re a terrible embarrassment for her and the Justice Department.
When Christopher Moltisanti walks into the dingy apartment and sees a gathering of concerned family, friends, and professional colleagues, he wants no part of the impending, spins around to leave — until he’s ordered back in by the boss, Tony Soprano.
The assembled gangsters and hangers-on take turns imploring Moltisanti to kick his self-destructive habits. Paulie Walnuts: “I don’t write nothin’ down, so I’ll keep this short and sweet. You’re weak, you’re out of control, and you’ve become an embarrassment to yourself and everybody else.”I doubt that any of the top political appointees at the Justice Department have the chops or guts necessary to tell the Attorney General that she’s fighting a losing cause with a series of doomed, presidentially-decreed payback prosecutions. But she’d be well advised to heed the unmistakable message that has been sent by judges, grand juries, and DOJ alumni alike: the cases are failing and doomed to fail further, and she’s doing irreparable institutional harm to the Justice Department. We’re familiar with the roll call of names President Donald Trump yearns to see on the other side of the “v.” in federal prosecutions brought by Bondi’s Justice Department. Former FBI Directoras the U.S. Attorney for the Eastern District of Virginia. The joint dismissals were a sharp rebuke of the Justice Department — and then Bondi made it worse still. Two weeks ago, the DOJ tried to re-indict James, but a grand jury rejected the proposed indictment. Understand how rare it is for federal prosecutors to seek but fail to obtain an indictment. The process is completely one-sided, with a prosecutor and FBI agent presenting evidence but no defense lawyer or judge present; the burden of proof is mere “probable cause,” far lower than proof beyond a reasonable doubt; and prosecutors need the votes only of a majority of grand jurors, not unanimity as required in a trial setting. You’ve surely heard the “ham sandwich” maxim. I’m here to tell you that it’s true., with a different grand jury rejecting the case. Bondi’s bumbling prosecutors can try yet again, if they’re gluttons for humiliation; unlike a trial acquittal, which bars a second prosecution based on double jeopardy principles, there’s no technical limit to the number of times prosecutors can ask grand juries to indict. But somebody needs to explain to Bondi that, as a practical matter, it’s over. It’s an embarrassment to get rejected by a grand jury once; it’s a mathematical near-impossibility to flame out twice. Enough is enough. Even if DOJ succeeds in resuscitating the James or Comey indictments, fatal flaws abound. Both defendants have strong arguments for dismissal based on selective or vindictive prosecution. Comey has a compelling claim that the five-year statute of limitations has expired on hisfrom September 30, 2020. And even if the Justice Department somehow clears those hurdles, then there’s the nontrivial matter of convincing a trial jury to convict, unanimously and beyond a reasonable doubt, on indictments featuring evidence that ranges from wafer-thin to confounding .Join a team of experts — from former prosecutors to legal scholars — as they break down the complex legal issues shaping our country today. Twice a week, Elie Honig and other CAFE Contributors examine the intersecting worlds of law, politics, and current events.is different; that investigation reportedly pre-dated the current Trump administration, and the charges of mishandling classified information seem serious and well-supported.) DOJ senior staffers would do themselves and Bondi a favor to convince her not to throw still more political sucker-punches at the occupants of Trump’s blacklist. How much more high-profile losing can the AG tolerate? How much more can the Justice Department take?Hatchet Man: How Bill Barr Broke the Prosecutor’s Code and Corrupted the Justice Department, and other prominent Democrats, Barr essentially ignored those fits of pique and let them tucker out. Bondi, by contrast, has hopped-to whenever Perhaps an intervention aimed at Bondi would be a bit misdirected. It’s plain, after all, that she’s largely carrying out the will of her boss. But she’s also a deeply experienced prosecutor with enormous power, broad discretion, and, ultimately, a department to lead and a legacy to protect. Bondi isn’t some helpless ninny compelled by circumstances to act against her will. She’s the attorney general of the United States. Even if Bondi can’t be convinced that their abuse of the criminal justice process is wrongheaded, perhaps an appeal to raw politics will resonate. Indeed, we’ve seen meaningful cracks in the unified front of political supporters who typically insulate Trump. He’ll never lose his base, but he won’t always command unyielding fealty.Trump’s efforts to suppress the Jeffrey Epstein files, the House and Senate overwhelmingly approved a bill requiring broad . And some effort at self-correction is preferable to resigned acceptance of a mad dash down the path of certain failure.Alex ShultzWhy the suspect, a 48-year-old former Brown student, attacked Brown and then later murdered an MIT professor remains unclear. Here’s what we know.While Trump can’t unilaterally create permanent federal holidays, he did give federal workers Christmas Eve and December 26 off.Karoline Leavitt announced the possibly illegal move by saying Trump and the deceased JFK will be a ”truly great team.”He made his “Presidential Walk of Fame” even more stunningly stupid by adding plaques insulting Biden, Obama, and his other predecessors.Trump announced a bonus for troops, but otherwise last night’s address was a warmed-over tirade meant to convince Americans they’re not struggling.Though Trump took a national abortion ban off the table, they’re still pushing to restrict abortion pills via FDA and EPA regulations.GOP moderates joined Democrats to force another House health-care vote. But it’s all moot unless Trump decides to make his party compromise.Why did the notoriously private First Lady film a Brett Ratner–directed documentary? It might have something to do with the $28 million paycheck.Democrats probably can’t repeat 2018’s blue wave. But a net gain of just three House seats would bust up Trump’s control of Washington.A new poll showed that the mayor-elect’s favorability rating has grown both in the city and statewide and that even more voters support his policies.AI cheaters, crypto maniacs, MAGA cool kids, and furious Canadians. The articles that captured your attention the most this year.Australia and the global Jewish community are reeling after gunmen killed at least 15 people in a horrifying attack on a Hanukkah celebration.New York
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