The Justice Department is Threatening The Rule of Law

On its website, the U.S. Department of Justice states its mission: “to uphold the rule of law, to keep our country safe, and to protect civil rights.” Its values include “Independence and Impartiality,” “Honesty and Integrity,” and “Respect.”

And yet, at the direction of the White House and the Attorney General, the Department is being weaponized to threaten the Rule of Law. It is attacking Judges, exacting revenge against perceived political enemies of the President, firing Justice Department lawyers and FBI agents for following their oaths of office and engaging in schemes to put loyalists in charge of U.S. Attorney offices. These actions directly contravene the Department’s stated mission and values.

The Justice Department’s efforts to undermine the Rule of Law include:

• Creating a “weaponization working group” to go after perceived political enemies of the administration. It is led by Ed Martin, the former interim U.S. Attorney for the District of Columbia, who represented January 6 rioters. His permanent appointment was blocked in the Senate.
• Naming Mr. Martin a special prosecutor to investigate New York Attorney General Letitia James, who successfully sued Donald Trump in 2022 for allegedly overvaluing his assets. Mr. Martin is also investigating U.S. Senator Adam Schiff, a high-profile critic of the President.
• Firing two senior FBI officials, including a former acting FBI Director who resisted the administration’s requests for the names of agents who worked on cases related to January 6. Other agents who worked on criminal cases involving the President also have been terminated.
• Filing a misconduct complaint against James Boasberg, the Chief Judge of the U.S. District Court in Washington D.C., who was overseeing the case involving the use of the Alien Enemies Act to remove immigrants.  The Department’s complaint cites comments Judge Boasberg made at a private breakfast during a judicial conference, when he noted a pattern of government lawyers disregarding court orders. He voiced concern that that could trigger a constitutional crisis.
• Filing an unprecedented lawsuit against all U.S. District Court Judges in Maryland. The suit challenges a court order that provided an automatic two-day stay of deportation for immigrants with habeas corpus cases. The order intends to give Judges time to consider the issues and to protect due process rights. Paul Clement, Solicitor General under President Reagan, argued on behalf of the Judges that the lawsuit fundamentally violates the separation of powers principles set out in the U.S. Constitution. District Judge Thomas Cullen, a Trump appointee, dismissed the administration’s lawsuit against the Maryland U.S. District Court Judges in a 39-page ruling finding that the Federal Judges were immune from suit and that the suit violated the separation of powers principles established in the Constitution, noting that the executive branch is not the sole sovereign in the United States. In his ruling Judge Cullen also noted that principal officers of the “Executive and their spokespersons” have described Federal Judges as ”left-wing,” “liberal,” “activists,” “politically minded,” “rogue,” “unhinged,” “outrageous,” “overzealous,” “crooked,” and worse, finding this concerted effort by the “Executive” to smear and impugn judges who rule against it to be unprecedented.
• Dismissing criminal charges against New York Mayor Eric Adams in exchange for his cooperation in immigration enforcement. The acting U.S. Attorney in the Southern District of New York (a respected career prosecutor, former law clerk for Justice Scalia, and member of the Federalist Society) resigned in protest.
• Ignoring a complaint to the Justice Department’s Inspector General that accused top Department officials, including Emil Bove, of trying to mislead Judges and disregarding court orders. No action was taken on the complaint for two months.  It was only publicly revealed days before Mr. Bove’s confirmation to the U.S. Court of Appeals.  While at the Justice Department, Mr. Bove fired dozens of lawyers without stated cause.
• Firing without cause Maurene Comey, a highly respected career prosecutor for the Southern District of New York. She was one of the prosecutors who obtained a guilty verdict in the sex-trafficking trial of Ghislaine Maxwell. Ms. Comey is the daughter of former FBI director James Comey, who was fired in the administration’s first term. Jay Clayton, at the time the interim U.S. Attorney for the Southern District appointed by the White House who oversaw Ms. Comey, has not commented on the firing. Mr. Clayton was reportedly not involved in the decision to fire Ms. Comey.
• Moving to cancel consent decrees with state and local governments regarding civil rights violations of police departments.
• Assisting the White House attempts to circumvent laws regarding the appointment of U.S. Attorneys. In New Jersey, Alina Habba, one of Mr. Trump’s civil defense attorneys, was nominated for U.S. Attorney but her nomination was not acted upon during the time prescribed by law. Pursuant to statutory authority, the District Judges appointed First Assistant U.S. Attorney Desiree Leigh Grace as the U.S. Attorney. The Department then fired Ms. Grace, a highly respected prosecutor, and designated Ms. Habba a special attorney, saying that allows her to serve as acting U.S. Attorney.  While interim U.S. Attorney, Ms. Habba announced trespassing charges (later dropped) against Newark Mayor Ras Baraka, and assault charges against U.S. Representative LaMonica McIver over an incident outside an ICE detention center.
• The FBI agreeing to track down Texas Democratic state representatives who left the state to break quorum over a redistricting bill. They have committed no federal crimes.

These actions should concern every lawyer. The Rule of Law is fundamental to our democracy.

Please join us in speaking out against these unprecedented attacks on our justice system and in advocating for the Rule of Law. Find more information at https://georgialawyersfortheruleoflaw.org/.