How Trump turned DOJ against critics

When Federal Reserve Chair Jay Powell did not lower interest rates as Trump demanded (Trump posted that Powell was a "TOTAL LOSER" and "TOO ANGRY, TOO STUPID, & TOO POLITICAL, to have the job"), Trump's DOJ opened criminal investigations into Powell's testimony about a building renovation. In March, a judge blocked subpoenas because "their dominant (if not sole) purpose is to harass and pressure Powell," and "the Government has offered no evidence whatsoever that Powell committed any crime other than displeasing the President." Rather than appealing, Trump's attorneys dropped the case and said the judge should therefore vacate the ruling. The judge answered that if "the Government got its way here, then any party that lost a court case could choose to … erase an unfavorable decision."

While presidents are forbidden to use the DOJ for political purposes, targeting Powell also violated Trump's own executive order, "Ending the Weaponization of the Federal Government," signed on his first day in office. Trump accused the previous administration of "a systematic campaign against its perceived political opponents, weaponizing the legal force of numerous Federal law enforcement agencies … oriented more toward inflicting political pain than toward pursuing actual justice or legitimate governmental objectives." Trump promised in his inauguration speech: "Under my leadership, we will restore fair, equal, and impartial justice under the constitutional rule of law."

Despite his promise, Trump has weaponized the DOJ, enacting and exceeding his accusations against others.

Trump's DOJ targeted New York State Attorney General Letitia James, who sued him for fraud in 2022. Trump pleaded the Fifth during her investigation before a court ruled that he and his company had repeatedly used false financial statements in business dealings and were liable for civil fraud. Although an appeals court later eliminated the massive financial judgment, it left the fraud findings and other restrictions largely in place.

Trump's DOJ launched a federal grand jury investigation into James four months after he took office. He said she had violated his civil rights, but subpoenas produced no evidence. Investigators instead accused her of mortgage fraud, but the case was dismissed (because Trump had unlawfully appointed the attorney) and then abandoned when the next grand jury saw no grounds for an indictment.

Trump's DOJ also targeted James Comey, who oversaw the investigation into Hillary Clinton's use of a private email server for classified documents.

Trump claimed Comey mishandled the investigation because Comey found no criminal intent. Trump later fired Comey after he refused to end an investigation into Trump's national security adviser, Michael Flynn (who pleaded guilty to making false statements to the FBI).

Trump's new DOJ indicted Comey for obstructing and lying to Congress. Trump fired lawyers for refusing to indict, before appointing one who filed five days before the statute of limitations expired. Like the Letitia James case, this case was dismissed because the new lawyer, Lindsay Halligan, was unlawfully appointed. Trump's DOJ has left the case "pending," but indicted Comey again for posting an Instagram photo of seashells arranged in "86 47." That trial is set for July.

Trump's DOJ has also targeted members of Congress. After two Democratic senators and four Democratic representatives appeared in a video imploring U.S. military personnel not to obey any "illegal orders," Trump posted: "Each one of these traitors to our Country should be ARRESTED AND PUT ON TRIAL," claiming their "SEDITIOUS BEHAVIOR" was "punishable by DEATH." Trump's DOJ opened investigations, but his attorney Jeanine Pirro (a Fox News host before Trump made her D.C.'s top prosecutor) failed to secure a grand jury indictment because there were no grounds for any charges.

Trump's DOJ has even targeted Trump's non-political enemies. In 2023, Trump was convicted of sexually abusing Jean Carroll, and he lost a suit against Carroll when a court ruled that her non-technical use of "rape" (according to New York law, rape requires "penile penetration") was not defamation. Now, Trump's DOJ has opened a criminal investigation into statements she made about the funding for her lawsuit.

Most recently, Trump's DOJ targeted Gov. Tim Walz. In late June, a judge rejected "blatantly unlawful and unethical" subpoenas meant to "harass" Minnesota officials for not supporting Trump's ICE surge, part of the "administration's well-established history of using criminal investigations to retaliate against and pressure the president's political and personal adversaries."

Trump's DOJ's next target is the top-runner for the Democratic presidential nomination. Federal agents have been fishing into Gavin Newsom for the past year and appear to be focused on his wife's charity. No indictments have been made.

According to the DOJ's governing rules, its actions "must be impartial and insulated from political influence," because the "rule of law depends upon the evenhanded administration of justice." Trump's DOJ fundamentally subverts those principles by serving as the president's personal lawyers and private investigators answerable only to his vindictive whim.

Chris Gavaler is a professor of English at Washington and Lee University in Lexington. Contact Gavaler at [email protected].