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aileen cannon
'Dark Day for American Democracy': Alarm Over Trump DOJ Speech
"It's increasingly clear that we're entering a modern McCarthy moment," said the head of the ACLU.
Mar 15, 2025
U.S. President Donald Trump's campaign-like speech at the Department of Justice on Friday sparked a fresh wave of alarm over the Republican's attacks on his critics, disrespect for the rule of law, and plans for his second term.
Trump—who was convicted of 34 felonies in New York before returning to the White House—slammed his perceived opponents as "scum" and "thugs," called efforts to hold him accountable for alleged criminal activity "bullshit," and declared: "We will expel the rogue actors and corrupt forces from our government. We will expose... their egregious crimes and severe misconduct."
Trump's appearance with U.S. Attorney General Pam Bondi and props promoting drug enforcement displayed his intent to remake the federal judiciary and fueled speculation that he will appoint Florida-based District Judge Aileen Cannon, who dismissed the classified documents case against him, to the nation's Supreme Court.
"Some of the most hallowed halls of justice in America were disgraced by the president of the United States, who has inappropriately installed his personal lawyers and other loyalists into leadership roles at the Department of Justice," said Lena Zwarensteyn, senior director of the fair courts program and an adviser at the Leadership Conference on Civil and Human Rights.
"This reinforces what we knew: The independence of the department has been compromised. During his remarks, the president sought to undermine faith in our judicial system, attacked lawyers who support due process and the rule of law, and made it clear that he expects the attorney general and other leaders to use the full force and resources of the Justice Department to roll back our civil and human rights, target his enemies, and operationalize a worldview that perpetuates white supremacy," she said. "The anti-immigrant rhetoric that both he and the attorney general used was reprehensible and unacceptable."
Zwarensteyn stressed that "in our democracy, Justice Department lawyers—including the attorney general—are the people's lawyers, not the president's lawyers, and they have a sacred duty to enforce our nation's laws without prejudice and with an eye toward justice. The DOJ must be seen by the public—every member, from every community—as fair and independent arbiters of our legal system. Today's appearance at the DOJ by the president, during which he thanked and called out his appointees and personal lawyers, will further tarnish the public's trust of the department and undermine our democracy."
"This cannot be the way that the DOJ—the nation's signature agency for the enforcement of our federal civil rights laws—functions moving forward. We need a DOJ that is working for the people, not the president, and we demand better of our federal government and its leaders," she concluded, calling on the Senate to reject his nomination of Harmeet Dhillon to a key department post.
One of Trump's targets during the speech was Norm Eisen, who was involved with the president's first impeachment and previously served as White House special counsel for ethics and government reform, U.S. ambassador to the Czech Republic, and board chair of the watchdog Citizens for Responsibility and Ethics in Washington (CREW).
Eisen responded with a video on social media, highlighting his work with State Democracy Defenders Action, which he co-founded.
ACLU executive director Anthony Romero said in a statement that "Ambassador Norman Eisen is a great American patriot, with an extraordinary career in public service. He has served the American people for decades inside and outside of government. He has worked to defend democracy at home and abroad."
"It is a sad day when the president of the United States personally attacks an individual of such character," Romero continued. "When charitable organizations like CREW, the ACLU, and others sue the federal government to uphold the law, we are playing a vital role in upholding American values."
The ACLU leader also warned that "it's increasingly clear that we're entering a modern McCarthy moment. When the government is targeting a former ambassador, a legal permanent resident, law firms, and even universities and treating them like enemies of the state, it is a dark day for American democracy."
Since Trump returned to power in January, his administration has not only empowered billionaire Elon Musk to dismantle the federal government but also targeted news outlets, student protesters, and education institutions while signaling a willingness to ignore court orders—fueling calls for Congress to hit him with a historic third impeachment.
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Trump-Appointed Judge Orders Biden DOJ to Conceal Jack Smith Report
"Delay is the name of the game here," said one legal analyst. "If they can just stop the clock until January 20th, then... the attorney general will be a Trump appointee and they can kill the whole thing."
Jan 07, 2025
Aileen Cannon, a Trump-appointed federal judge in Florida, ordered the Justice Department on Tuesday to temporarily withhold from the American public special counsel Jack Smith's final report on his investigations into the president-elect, despite questions about her authority to do so.
Cannon's order came in response to a Monday request by President-elect Donald Trump's longtime valet Walt Nauta and Mar-a-Lago property manager Carlos De Oliveira, who are facing charges in a classified documents case brought by Smith. Trump was also charged in the classified documents probe, but Smith dropped the case against the Republican leader after he won the 2024 presidential election.
In their filing on Monday, Nauta and De Oliveira's attorneys called on Cannon to bar the release of Smith's final report, even though the classified documents case is currently before the 11th Circuit Court of Appeals in Atlanta—not Cannon's court. The Justice Department is appealing Cannon's decision last summer to dismiss the classified documents case as the agency pursues charges against Nauta and De Oliveira.
Cannon wrote in her order Tuesday that Attorney General Merrick Garland, Smith, and other Justice Department employees are enjoined from "releasing, sharing, or transmitting" Smith's final report or "any drafts of such report" outside the DOJ. The judge said her order would remain in effect until the 11th Circuit rules on Nauta and De Oliveira's motion to prohibit the release of Smith's report.
Barbara McQuade, a professor at the University of Michigan Law School, said in an appearance on MSNBC that she doesn't believe Cannon has "any jurisdiction" over decisions surrounding Smith's report.
"But delay is the name of the game here," she added. "If they can just stop the clock until January 20th, then... the attorney general will be a Trump appointee and they can kill the whole thing and say, 'There's no report to disclose.' So that's the goal here."
Speaking to reporters Tuesday just ahead of Cannon's order, Trump claimed he didn't "know" the Florida judge—despite appointing her—but praised her as "brilliant."
Trump on Judge Cannon who he appointed: I don't know the judge in Florida, but we had a brilliant judge in Florida.. her opinion was so brilliant that they dropped the appeal pic.twitter.com/rjzsNANHyu
— Acyn (@Acyn) January 7, 2025
Smith said in a filing earlier Tuesday that his office is still "working to finalize" the report on his investigations into Trump's hoarding of classified documents and efforts to subvert the 2020 presidential election. By law, special counsels are required to submit a final report to the attorney general, who has the authority to decide whether to make the findings available to the public.
Smith said in his filing that he would not transmit his report to Garland before 1:00 pm on Tuesday, and that the attorney general would not release the findings before the morning of January 10—if at all. It's unclear how Cannon's order will impact Smith's timeline.
Trump's lawyers have demanded that Garland withhold Smith's report entirely, claiming in a letter to the attorney general on Monday that making it public would "violate the Presidential Transition Act and the presidential immunity doctrine."
In their letter to Garland, Trump's attorneys—who have reviewed Smith's confidential report in recent days—revealed that the first volume of the document states that the president-elect "engaged in an unprecedented criminal effort" and was "the head of the criminal conspiracies" surrounding the 2020 election.
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Jack Smith Drops Trump Case
The president-elect's "ability to escape prosecution does not retroactively validate his illegal, unconstitutional and democracy-destroying activities," said one critic.
Nov 25, 2024
Special Counsel Jack Smith's announcement on Monday that he was dropping his case regarding President-elect Donald Trump's alleged handling of classified documents and election subversion was not unexpected, as U.S. Justice Department policy dictates that a sitting president can't be prosecuted while in office.
But government watchdogs said the developing was no less "troubling," and vowed that Trump must ultimately face accountability.
"At least for now, Trump may escape justice for his role in trying to overturn the 2020 election, fomenting the January 6 insurrection, and improperly handling classified documents," said Lisa Gilbert, co-president of Public Citizen. "But his ability to escape prosecution does not retroactively validate his illegal, unconstitutional and democracy-destroying activities. They were heinous and unconscionable acts that literally cost lives and threatened the peaceful transfer of power."
"If not the courts, history will judge them appropriately," said Gilbert.
In his motion to dismiss the case, filed in the U.S. District Court for the District of Columbia, Smith wrote that "the government's position on the merits of the defendant's prosecution has not changed. But the circumstances have."
" Donald Trump aims not just to excuse but to normalize all this behavior. Permitting him to succeed would enable a slide into authoritarianism. The American people must not let that happen."
Former Labor Secretary Robert Reich wrote in his Substack newsletter that regardless of DOJ policy, the filing was "a grave mistake," because Smith did not specify that the prosecution of Trump would be restarted after the president-elect leaves office.
"Smith says he had no choice," wrote Reich. "But he did have a choice. He could have asked the courts to put the cases on hold until Trump is no longer president... To be sure, Smith's requests were for dismissals 'without prejudice,' which technically leaves open the possibility that charges could be refiled after Trump leaves office. But refiling charges is vastly more cumbersome than simply ending a stay."
While Smith left the door open to once again bring charges against Trump in 2029, he "should have put the responsibility for avoiding the rule of law squarely on Trump," wrote Reich.
Legal analyst Barb McQuade added that Smith's tactic leaves the possibility that "there may be no appetite" to refile charges regarding eight-year-old allegations after Trump leaves office.
At Slate, Dahlia Lithwick and Mark Joseph Stern wrote that Attorney General Merrick Garland's "institutionalist instincts paralyzed the Justice Department for nearly two years, giving Trump a chance to run out the clock by the time Smith finally indicted him."
The attorney general is "partly at fault for waiting so long to commence the investigation into Jan. 6," they wrote, while right-wing federal Judge Aileen Cannon "is guilty of sabotaging" the case regarding Trump's retention of classified documents after he left office in 2021, which Cannon dismissed in July, claiming Smith's appointment as special counsel violated the Constitution.
"In a simplistic sense, the voting public also bears culpability for putting Trump back in the Oval Office despite his egregious attempts to steal the previous election. But that victory could not have happened without the Supreme Court, which essentially nullified the constitutional bar against insurrectionists returning to office, then awarded Trump sweeping immunity in Smith's Jan. 6 case. The court's immunity decision guaranteed that the former president would not face trial before the election, which in turn prevented the public from hearing the full range of evidence against him."
Gilbert emphasized that "at Public Citizen we believe that no one should be above the law, that criminality by the powerful must be punished, and that attempting to overturn the nation's election and fomenting political violence should be harshly sanctioned."
"Donald Trump aims not just to excuse but to normalize all this behavior," said Gilbert. "Permitting him to succeed would enable a slide into authoritarianism. The American people must not let that happen."
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