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Creation of a $1.776 billion fund to compensate individuals who claim to have been victims of the government’s “weaponization” of law represents the culmination of the president’s six-year effort to claim that he won an election that he so clearly lost.
During the past week, the Trump administration announced three separate but connected decisions that are so outrageous they may lead to his comeuppance. Collectively, they reward lawlessness and undermine the very foundations of our democracy.
The first of these was the announcement by the Department of Justice that a $1,776,000,000 fund was being established to compensate “victims” of the previous administration’s “weaponization” of the law by “unfairly investigating and punishing them.” As a quid pro quo, Mr. Trump agreed to drop his questionable $10 billion lawsuit against the Internal Revenue Service for what he charged was their role in failing to stop a contractor from leaking one of his tax returns to the media in 2019. To cap off the president’s trifecta, the DOJ added an amendment to the “victims’ fund” stating: “The United States releases, waives, and forever discharges [Trump, his family, his business] and is hereby forever barred and precluded from prosecuting or pursuing, any and all claims [that] have been or could have been asserted [by the IRS against them or] related or affiliated individuals.”
As problematic as each of the three may be, it’s the ways they are connected that is most troubling. The Trump lawsuit against the IRS was set to be dismissed by the judge who was hearing the case. She had argued that it was improper for the White House to sue a federal agency it controlled, as this put the administration in the position of being both plaintiff and defendant. The decision was to be announced by May 20th, forcing the White House to act to drop their suit before it was dismissed. It was, therefore, no coincidence that the DOJ announced on May 18th and 19th both the “victims’ fund” and the ban on any future IRS action against the president.
But the story doesn’t end there as serious questions must be asked about the entire IRS affair. The contractor who leaked the document has already been arrested and convicted for his crime. There was no connection between his admittedly criminal act and the IRS as an institution. Therefore, the president’s lawsuit against the institution and the $10 billion award in damages he was seeking was both unwarranted and excessive. Like many of Mr. Trump’s previous suits against media outlets, it was meant to intimidate in order to seek some sort of settlement.
The DOJ’s handling of the matter validated the judge’s concern that the head of government couldn’t sue an agency he oversees (not to speak of trying to secure a massive payout from that agency). It simply didn’t pass the smell test. Finally, the DOJ addendum giving the president, his family, and business a free pass from any further tax audits, investigations, or prosecution for any claims against them raises the obvious question: What tax problems are they covering up?
The creation of the $1.776 billion fund to compensate individuals who claim to have been victims of the government’s “weaponization” of law represents the culmination of the president’s six-year effort to go beyond just defending the violent insurrectionists of January 6th, 2021. This is important to Mr. Trump, because by defending them he is defending his claim that he won the 2020 election and, therefore, the violent mobs that stormed the Congress weren’t lawbreakers. They were heroes and persecuted martyrs who deserve compensation.
In this regard, it’s important to examine what Trump has done.
Just over six years ago we witnessed the horrifying scenes of violent mobs storming the US Capitol in an effort to stop Congress from certifying outcome of the 2020 election. They struck out at Capitol police who were doing their jobs protecting the members of Congress and the building itself. Some were injured; a few died. The scenes of what these rioters did were broadcast to a shocked nation.
Because the president egged on the mob, he was impeached by Congress. Ten Republican members of Congress voted to impeach Trump and seven Republican senators voted to convict and remove him from office.
After Mr. Trump’s relentless campaign mobilizing his supporters to demand loyalty, most of the 17 senators and representatives who voted against him are gone. They either resigned because the heat was too great or were defeated by Trump loyalists.
And the polls tell this story. In 2021, most Republicans were outraged by the mob violence. A poll from January of 2021 found that 78% of Trump supporters disapproved of the insurrection. A more recent poll reveals a dramatic shift that has taken place. When asked to describe the events of January 6th, 2021, 60% of Republicans say they were “people participating in legitimate political discourse.” Only 18% said that it was “people participating in a violent insurrection.”
Believing that he had set the stage to allow for his complete rewriting of history, the president, who had already commuted the sentences and/or pardoned more than 2,000 of the insurrectionists, now felt emboldened to have the government reward them for their blind loyalty to him. But in doing so, he may have pushed too far. Republican senators who consider themselves law-and-order, fiscal conservatives recoiled in horror over what a few called “utterly stupid,” “morally wrong,” and an abuse of power. Instead of acting to pass some of Mr. Trump’s legislative priorities, they criticized the president’s actions and took an early recess.
Trump’s blatant lawlessness will haunt America and the world for a long, long time.
Trump’s domestic and foreign policies — ranging from his attempted coup against the United States five years ago, to his incursion into Venezuela last weekend, to his current threats against Cuba, Colombia, and Greenland — undermine domestic and international law. But that’s not all.
They threaten what we mean by civilization.
The moral purpose of civilized society is to prevent the stronger from attacking and exploiting the weaker. Otherwise, we’d be permanently immersed in a brutish war in which only the fittest and most powerful could survive.
This principle lies at the center of America’s founding documents: the Declaration of Independence, the Constitution, and the Bill of Rights. It’s also the core of the post- World War II international order championed by the United States, including the UN Charter — emphasizing multilateralism, democracy, human rights, and the rule of law.
But it’s a fragile principle, easily violated by those who would exploit their power. Maintaining the principle requires that the powerful have enough integrity to abstain from seeking short-term wins, and that the rest of us hold them accountable if they don’t.
Every time people or corporations or countries that are richer and more powerful attack and exploit those that are not, the fabric of civilization frays. If such aggression is not contained, the fabric unravels. If not stopped, the world can descend into chaos and war. It has happened before.
We now inhabit a society and world grown vastly more unequal. Political and economic power are more concentrated than ever before. This invites the powerful to exploit the weaker because the powerful feel omnipotent.
Every time people or corporations or countries that are richer and more powerful attack and exploit those that are not, the fabric of civilization frays. If such aggression is not contained, the fabric unravels. If not stopped, the world can descend into chaos and war. It has happened before.
The wealth of Elon Musk, Jeff Bezos, Mark Zuckerberg, Larry Ellison, Charles Koch, and a handful of others is almost beyond comprehension. The influence of Big Tech, Big Oil, and the largest aerospace and defense corporations extends over much of the globe. AI is likely to centralize wealth and power even more. The destructive power of the United States, China, and Russia is unmatched in human history.
Trump — enabled by cowardly congressional Republicans and a pliant majority on the Supreme Court — has turned the U.S. presidency into the most powerful and unaccountable agent of American government in history.
Put it all together and you see the threat.
A direct line connects Trump’s attempted coup five years ago to his capture of Nicolas Maduro last weekend. Both were lawless. Both were premised on the hubris of omnipotence.
That same line extends to Trump’s current threats against Cuba, Colombia, and Greenland.
You see much the same in Putin’s war on Ukraine. In Xi’s threats against Taiwan. In global depredation and monopolization by Big Tech and Big Oil. In Russian, Chinese, and American oligarchs who have fused public power with their personal wealth.
But unfettered might does not make right. It makes for instability, upheaval, and war.
History shows that laws and norms designed to constrain the powerful also protect them. Without such constraints, their insatiable demands for more power and wealth eventually bring them down — along with their corporations, nations, or empires. And threaten world war.
Trump’s blatant lawlessness will haunt America and the world — and civilization — for years to come.
"These firings are part of a broader campaign to weaponize federal law enforcement and replace highly experienced public servants with political hacks eager to carry out Trump's retribution agenda," said one coalition.
This is a developing story… Please check back for possible updates...
Amid accusations that U.S. President Donald Trump is turning the Department of Justice into his "personal weapon," multiple media outlets reported Thursday that his administration is ousting at least three top officials at the Federal Bureau of Investigation.
The FBI purge includes Brian Driscoll, who served as acting director earlier this year; Walter Giardina, a special agent involved in the investigation of Trump's ex-trade adviser, Peter Navarro; and Steven Jensen, acting director in charge of the Washington Field Office, unnamed sources told outlets including The Associated Press, The New York Times, and Fox News.
Jensen was involved in investigating the Trump supporters who stormed the U.S. Capitol on January 6, 2021, and Driscoll—as head of the FBI before Trump's appointee, Kash Patel, was confirmed—resisted the adminsitration's demand that he turn over a list of agents who worked on probes of the insurrectionists, who were promptly pardoned when Trump returned to power.
Highlighting that battle over the list of agents, the AP detailed:
Emil Bove, the then-senior Justice Department official who made the request and was last week confirmed for a seat on a federal appeals court, wrote a memo accusing the FBI's top leaders of "insubordination."
Responding to Bove's request, the FBI ultimately provided personnel details about several thousand employees, identifying them by unique employee numbers rather than by names.
The three men were reportedly told to leave the FBI by Friday. According to Fox, one source described the removals as "retribution," and multiple people told the outlet that "more ousters are expected at the bureau by the end of the week, though the exact number of personnel included, or their roles at the bureau, are unclear."
The Times noted that "the fresh ousters reflect, in part, a long-running effort by senior Trump administration officials to dismiss agents and prosecutors who worked on cases related to the president. Those have included the investigation into his 2016 campaign's ties to Russia during his first term, the investigation into his handling of classified documents after he left office, the investigation into his efforts to overturn the results of the 2020 election, and the investigations of rioters at the Capitol."
The Not Above the Law coalition's co-chairs—Brett Edkins of Stand Up AmericaPraveen Fernandes of the Constitutional Accountability Center, Lisa Gilbert of Public Citizen, and Kelsey Herbert of MoveOn—issued a statement blasting Trump and Patel.
The reported ouster "shows just how far they are willing to go to punish anyone who they deem disloyal," the coalition leaders said. "The end result will be an FBI that puts settling political scores ahead of combating crime and protecting our rights."
"These firings are part of a broader campaign to weaponize federal law enforcement and replace highly experienced public servants with political hacks eager to carry out Trump's retribution agenda," they added. "The message to remaining FBI personnel is chilling: Bend the knee to Trump, or you're next."
The reporting came on the same day that U.S. Sen. John Cornyn (R-Texas) announced that Patel approved his "request for the FBI to assist state and local law enforcement in locating" Democratic state legislators who fled Texas to block the approval of a gerrymandered map for the 2026 cycle sought by Trump.
Earlier this week, The Guardian spoke with scholars and former prosecutors who sounded the alarm about the president and Attorney General Pam Bondi, whom legal experts have accused of "serious professional misconduct that threatens the rule of law and the administration of justice."
The Department of Justice, which includes the FBI, "is now being used as a personal weapon on behalf of Trump to a degree that is without precedent," said Peter Shane, who teaches constitutional law at New York University. "Trump has a team of sycophants and enablers at DOJ. They're not behaving the way office holders sworn to uphold the Constitution are expected to behave."
Randall Eliason, a former federal prosecutor now at George Washington University, similarly told the newspaper that "Trump is using the Justice Department to target his perceived enemies and pursue his political goals."
"The guiding principle for any DOJ prosecutor has always been loyalty to the Constitution and the rule of law," Eliason added. "Under this administration, it appears that the primary job requirement for any DOJ prosecutor, up to and including the attorney general, is loyalty to Donald Trump."
"Trump isn't king, but if Congress capitulates, he could be," warned the leaders of Popular Democracy.
Since U.S. President Trump's return to office on Monday—at an inauguration ceremony full of American oligarchs—as the Republican has issued a flurry of executive orders and other actions, progressive leaders and organizers have expressed alarm and vowed to fight against his "authoritarian" agenda.
On his first day back at the White House, Trump issued 26 executive orders, 12 memos, and four proclamations, plus withdrew 78 of former President Joe Biden's executive actions, according to a tally from The Hill. Those moves related to the fossil fuel-driven climate emergency, the death penalty, federal workers, immigration, LGBTQ+ rights, prescription drug prices, and more.
"In the last 24 hours, Trump has passed dozens of executive orders—many beyond his powers," said Popular Democracy co-director Analilia Mejia and DaMareo Cooper in a Tuesday statement. "Yet, not one of them has lowered prices or made life better for Americans. Instead, he's focused on eroding democracy, attacking constitutional rights, and spreading fear, cruelty, and chaos.
"Trump has taken aim at the 14th Amendment's rights of equal protection and citizenship—the fundamental American right to live and participate in our democracy—with an executive order targeting birthright citizenship," they noted, referencing a policy that is already facing legal challenges from immigrant rights groups and state attorneys general.
Announcing one of the lawsuits, ACLU executive director Anthony Romero said that "this order seeks to repeat one of the gravest errors in American history, by creating a permanent subclass of people born in the U.S. who are denied full rights as Americans. We will not let this attack on newborns and future generations of Americans go unchallenged. The Trump administration's overreach is so egregious that we are confident we will ultimately prevail."
Mejia and Cooper said that "his ineffective and inhumane executive orders targeting immigrants misuse military power and double down on damaging our communities."
The group America's Voice similarly expressed concern over Trump's "authoritarian notions of deploying the military on U.S. streets," with the group's executive director, Vanessa Cárdenas, saying that "this is an attack on American families and our American values. Trump's framing of our nation being 'invaded' coupled with the attacks on birthright citizenship and policies that will throw our immigration system further into chaos show that this is a hateful campaign to justify a nativist agenda that seeks to redefine 'American' and move this nation backwards."
Popular Democracy's leaders also called out various other items from Trump's first day that are expected to face legal hurdles—though the Republican spent his first term working with GOP lawmakers to pack the federal judiciary, including the U.S. Supreme Court, with far-right appointees, so the effectiveness of such suits remains to be seen.
"Trump's rollbacks of critical climate policy sell out future generations to the profit of oil and gas polluters, and further endangers the poor, Black, brown, and Indigenous people who have been at the frontlines of climate disaster," they said. Trump not only repealed various Biden-era policies but also declared a "national energy emergency" to "drill, baby, drill" for fossil fuels.
Climate campaigners slammed Trump for invoking "authoritarian powers on Day 1 to gut environmental protections," in the words of the Center for Biological Diversity. The organization's executive director, Kierán Suckling, vowed that "no matter how extreme he becomes, we'll confront Trump with optimism and a fierce defense of our beloved wildlife and the planet's health."
"The United States has some of the strongest environmental laws in the world, and no matter how petulantly Trump behaves, these laws don't bend before the whims of a wannabe dictator," Suckling stressed. "The use of emergency powers doesn't allow a president to bypass our environmental safeguards just to enrich himself and his cronies."
The president's attacks on health are expansive. As Mejia and Cooper detailed: "Trump's sweeping changes to healthcare will rip away access for millions, line the pockets of Big Pharma, and undo strides in reproductive rights. They also single out trans Americans, denying them lifesaving healthcare and the right to live freely and authentically."
Imara Jones, a Black trans woman, CEO of TransLash Media, and an expert on the anti-trans political movement, said in a Tuesday statement that "Trump's recognition of only 'two genders' means a war on trans people, as well as any cis person with a gender expression outside of the gender binary."
"This is not political theater, this is the beginning of a potential authoritarian takeover of the United States, one that starts with targeting one of the smallest and most vulnerable groups: transgender people," Jones emphasized. "They seek to erase trans people from public life and want to see if they can get away with it, as a prelude to much more. This should worry all of us."
Another development that provoked intense worry—and even
led the Lemkin Institute for Genocide Studies and Prevention to issue a "red flag alert for genocide in the United States"—was Elon Musk, the richest person on Earth and a key Trump ally, twice raising his arm in what was widely seen as a Nazi salute during a post-inauguration celebration.
Trump's Monday night decision to pardon over 1,500 people who stormed the U.S. Capitol on January 6, 2021, an insurrection incited by the president himself as he contested his 2020 electoral loss, elicited similar warnings.
"By granting clemency to these individuals, who sought to overturn the peaceful transfer of power, Trump is signaling that political violence and the rejection of democratic norms are acceptable tactics in service to his authoritarian agenda," said Our Revolution executive director Joseph Geevarghese. "This is a direct threat to the foundations of our democracy and the safety of our communities."
The leaders of Popular Democracy highlighted that "undergirding this extreme authoritarian agenda is a claim that Trump has a mandate to act like a despot—no such mandate exists, much less is acceptable to the American people."
"Trump isn't king, but if Congress capitulates, he could be," they warned, just weeks after Republicans took slim control of both chambers. "Popular Democracy is prepared to push back against Trump's assault on our communities. We will stand up against an unconstitutional power grab, and hold our representatives accountable in this fight."
"This move not only erases accountability for one of the darkest days in our nation's history but also emboldens far-right extremists and grants them free license to continue their ideological reign of terror," said one critic.
Democracy defenders on Monday night swiftly condemned U.S. President Donald Trump's decision to pardon roughly 1,500 insurrectionists who stormed the Capitol on January 6, 2021 and commute the sentences of some others.
The widely anticipated move, which Trump made with television cameras in the Oval Office, came just hours after he returned to power on Monday afternoon—despite being convicted of 34 felonies in New York last year and facing various other legal cases, including for his attempts to overturn his 2020 loss to Democratic former President Joe Biden that culminated in inciting the 2021 Capitol attack.
"Just hours after promising to bring 'law and order back to our cities,' Trump pardoned more than a thousand January 6th rioters and put violent offenders right back in our neighborhoods—people who assaulted police officers, destroyed property, and tried to overturn our freedom to vote," said Sean Eldridge, president and founder of the progressive advocacy group Stand Up America, in a statement.
"By giving January 6th rioters a free pass, Trump is rewarding political violence and making all of us less safe," he continued. "No one should be above the law in the United States of America, and our first responders and the American people deserve better than this."
Joseph Geevarghese, executive director of the grassroots progressive political organizing group Our Revolution, said that "Trump's pardons of January 6 rioters, including those convicted of violence against law enforcement, mark a grave and unprecedented attack on the rule of law and American democracy. This move not only erases accountability for one of the darkest days in our nation's history but also emboldens far-right extremists and grants them free license to continue their ideological reign of terror."
"These are not patriots, these are traitors who will now be free to recruit others into what Trump views as his own personal militia," he asserted. "By granting clemency to these individuals, who sought to overturn the peaceful transfer of power, Trump is signaling that political violence and the rejection of democratic norms are acceptable tactics in service to his authoritarian agenda. This is a direct threat to the foundations of our democracy and the safety of our communities."
Lisa Gilbert, co-president of watchdog Public Citizen, said that "it is perhaps on-brand that Donald Trump has kicked off his second term with an assault on our democracy, just as he ended his first term."
"This isn't just about degrading the U.S. Constitution and the rule of law in theory, his disgraceful actions here send a message that political violence is acceptable, so long as it is in support of him and his pursuit of unchecked power," she continued. "We intend to fight against these types of abuses over the next four years to maintain the integrity of the rule of law."
Accusing the Republican of "condoning insurrection," Common Cause president and CEO Virginia Kase Solomón similarly warned that "this will not be the last time President Trump attacks democracy" and vowed that her organization stands "ready to defend it."
During the insurrection, Kase Solomón said, "people died and more than 140 law enforcement officers were injured protecting members of Congress from the attack that followed. These deaths and injuries should not be in vain. To pardon those involved is a blatant and dangerous abuse of power."
"Trump was charged with multiple crimes for his attempts to overturn the 2020 election which ended in the insurrection at the Capitol," she noted. "Only his reelection, coupled with an extremely misguided ruling from the Supreme Court on presidential immunity, allowed him to escape trial. In pardoning those who attempted to violently overturn the election and invalidate 80 million votes, Trump is showing his contempt for our justice system and our democracy."
Noah Bookbinder, a former federal prosecutor who is now president of the watchdog Citizens for Responsibility and Ethics in Washington, warned that "giving a pass to those who participated, all of whom were convicted after trial with ample evidence and process or pleaded guilty to crimes, sends a message that the right of the people to choose our own leaders no longer matters because the results can merely be overturned by force."
"And," he said, "it raises a terrifying question: What happens if Trump doesn't want to leave the White House at the end of his term?"
Trump commuted the sentences of Jeremy Bertino, Joseph Biggs, Thomas Caldwell, Joseph Hackett, Kenneth Harrelson, Kelly Meggs, Roberto Minuta, David Moerschel, Ethan Nordean, Dominic Pezzola, Zachary Rehl, Stewart Rhodes, Edward Vallejo, and Jessica Watkins. The others—whom Trump called "hostages"—received "a full, complete, and unconditional pardon."
"I further direct the attorney general to pursue dismissal with prejudice to the government of all pending indictments against individuals for their conduct related to the events at or near the United States Capitol on January 6, 2021," Trump's order said. "The Bureau of Prisons shall immediately implement all instructions from the Department of Justice regarding this directive."
Shortly before leaving office on Monday, Biden issued a final wave of pardons, including for members of the U.S. House of Representatives select committee that investigated the insurrection. The Democrat said that he could not "in good conscience do nothing" to protect them and the pardons "should not be mistaken as an acknowledgment that any individual engaged in any wrongdoing, nor should acceptance be misconstrued as an admission of guilt for any offense."
This post has been updated with comment from Citizens for Responsibility and Ethics in Washington.
"Even when individuals have done nothing wrong—and in fact have done the right thing—and will ultimately be exonerated, the mere fact of being investigated or prosecuted can irreparably damage reputations and finances," said the outgoing president.
This is a developing news story... Please check back for possible updates...
In the final hours of his presidency, Joe Biden on Monday issued preemptive pardons to a number of current and former lawmakers and public officials whom President-elect Donald Trump has attacked.
Those pardoned include Anthony Fauci, the former director of the National Institute of Allergy and Infectious Diseases; Mark Milley, former chairman of the Joint Chiefs of Staff; and members of the House select committee that investigated the January 6, 2021 insurrection incited by Trump, who has pledged to pursue retribution against his political opponents.
"The issuance of these pardons should not be mistaken as an acknowledgment that any individual engaged in any wrongdoing, nor should acceptance be misconstrued as an admission of guilt for any offense," Biden said in a statement. "Our nation owes these public servants a debt of gratitude for their tireless commitment to our country."
"These are exceptional circumstances, and I cannot in good conscience do nothing," the outgoing president continued. "Even when individuals have done nothing wrong—and in fact have done the right thing—and will ultimately be exonerated, the mere fact of being investigated or prosecuted can irreparably damage reputations and finances."
Biden has made sweeping use of his clemency powers in the final days of his White House term, commuting the sentences of thousands of people convicted for nonviolent drug offenses and almost completely emptying federal death row.
But Biden has not granted clemency to several high-profile individuals whose causes progressive lawmakers and human rights organizations have championed, including Charles Littlejohn—a former IRS contractor serving a five-year prison sentence for leaking the income tax records of thousands of rich Americans, Trump among them—and Steven Donziger, who faced an unprecedented legal assault led by Chevron after he helped secure a historic settlement against the company over oil dumped in the Amazon rainforest.
"But for Mr. Trump's election and imminent return to the presidency, the office assessed that the admissible evidence was sufficient to obtain and sustain a conviction at trial," the report states.
The special counsel who investigated and charged Donald Trump over his attempts to subvert the 2020 election said in a final report released by the U.S. Justice Department early Tuesday that the former president would have been convicted for "a series of criminal efforts to retain power" had he not won another White House term in November.
"But for Mr. Trump's election and imminent return to the presidency, the office assessed that the admissible evidence was sufficient to obtain and sustain a conviction at trial," wrote Jack Smith, who resigned from the Justice Department late last week ahead of Inauguration Day.
Smith pointed to the Justice Department's view that "the Constitution prohibits the continued indictment and prosecution of a president," a position he said is "categorical and does not turn on the gravity of the crimes charged, the strength of the government's proof, or the merits of the prosecution, which the office stands fully behind."
The report, which Trump's legal team sought to bury, is the first of two volumes that Smith's team produced following the completion of its investigations into the former president's unlawful election interference and hoarding of classified documents. Smith dropped the two cases shortly after Trump's victory in the 2024 election.
According to the Justice Department, Smith has urged that the volume on the classified documents probe not be released to the public while the case against Trump's former co-defendants is still pending.
"Trump worked with other people to achieve a common plan: to overturn the election results and perpetuate himself in office."
In the newly released report, Smith detailed how Trump and his allies tried to "induce state officials to ignore true vote counts," manufactured "fraudulent slates of presidential electors in seven states that he had lost," directed "an angry mob to the United States Capitol to obstruct the congressional certification of the presidential election," and leveraged "rioters' violence to further delay it."
"In service of these efforts, Mr. Trump worked with other people to achieve a common plan: to overturn the election results and perpetuate himself in office," the report added.
Trump responded furiously to the report's release, ranting on social media that "Deranged Jack Smith was unable to successfully prosecute the Political Opponent of his 'boss,' Crooked Joe Biden, so he ends up writing yet another 'Report' based on information that the Unselect Committee of Political Hacks and Thugs ILLEGALLY DESTROYED AND DELETED, because it showed how totally innocent I was, and how completely guilty Nancy Pelosi, and others, were."
In his introduction to the report, Smith rejected as "laughable" Trump's claim that the investigations were politically motivated or influenced in any way by the Biden administration.
"While we were not able to bring the cases we charged to trial, I believe the fact that our team stood up for the rule of law matters. I believe the example our team set for others to fight for justice without regard for the personal costs matters," Smith wrote. "The facts, as we uncovered them in our investigation and as set forth in my report, matter. Experienced prosecutors know that you cannot control outcomes, you can only do your job the right way for the right reasons. I conclude our work confident that we have done so, and that we have met fully our obligations to the department and to our country."
The attorney general intends to withhold the classified documents report while a related legal battle plays out but make it available to certain members of Congress, according to a court filing.
With less than two weeks until U.S. President-elect Donald Trump's inauguration, the Department of Justice said Wednesday that outgoing Attorney General Merrick Garland will make public the portion of Special Counsel Jack Smith's report that deals with the Republican's attempt to circumvent his 2020 election loss—an effort that culminated in the violent storming of the Capitol on January 6, 2021.
The full report that Smith sent Garland on Tuesday is in two parts—one for each federal case that Smith took over in 2022 but later dropped due to Trump's November win. Volume one is about election subversion, and volume two is about the ex-president's alleged mishandling of classified material, which led to a raid of Mar-a-Lago, his Florida residence.
"The attorney general intends to release volume one to Congress and the public consistent with 28 C.F.R. § 600.9(c) and in furtherance of the public interest in informing a co-equal branch and the public regarding this significant matter," the DOJ explained in a Wednesday filing to the U.S. Court of Appeals for the 11th Circuit.
The filing relates to an attempt by Trump's co-defendants in the second case—valet Waltine Nauta and Mar-a-Lago property manager Carlos De Oliveira—to block the release of the report. The DOJ said that "to avoid any risk of prejudice to defendants Nauta and De Oliveira, the attorney general has determined, at the recommendation of the special counsel, that he will not publicly release volume two so long as defendants' criminal proceedings remain pending."
"For the time being, volume two will be made available for in-camera review only by the chairmen and ranking members of the House and Senate Judiciary Committees upon their request and agreement not to release any information from volume two publicly," the DOJ added. "This limited disclosure will further the public interest in keeping congressional leadership apprised of a significant matter within the department while safeguarding defendants' interests."
The filing does not say when Garland will release volume one. The revelations of his plans came a day after Trump-appointed U.S. District Judge Aileen Cannon—who last July dismissed the classified documents case, leading to an appeal—ordered the DOJ to withhold Smith's final report, despite questions about her authority to do so.
Government watchdog groups and ethics experts have lambasted Garland for not going after Trump quickly and forcefully enough for his various alleged crimes—which critics argue could have prevented his looming return to office.
The president-elect is set to be sworn in on January 20. His attorneys claimed in a Monday letter to Garland that releasing Smith's report would "violate the Presidential Transition Act and the presidential immunity doctrine."
Trump's lawyers have seen a draft of Smith's report and offered a preview in the letter to Garland, writing in part that "volume one of the draft report falsely asserts, without any jury determination, that President Trump and others 'engaged in an unprecedented criminal effort,' was 'the head of the criminal conspiracies,' and harbored a 'criminal design,'" while "volume II asserts, without any supporting verdict, 'that Mr. Trump violated multiple federal criminal laws,' and that he and others engaged in 'criminal conduct.'"
Politico pointed out Wednesday that "Trump welcomed the public release of previous special counsel reports, including Special Counsel Robert Hur's devastating assessment of President Joe Biden."
The Republican-controlled Senate is already preparing to hold confirmation hearings for Trump nominees including Pam Bondi, a former Florida attorney general and the president-elect's pick to replace Biden-appointed Garland.
Trump, meanwhile, has said that he is considering swiftly issuing pardons for his supporters charged and convicted for storming the U.S. Capitol four years ago—which opponents have warned "would be an affront to our democracy."
The president-elect's "ability to escape prosecution does not retroactively validate his illegal, unconstitutional and democracy-destroying activities," said one critic.
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."
Public Citizen said it would "mobilize Americans to resist Trump's agenda of cruelty and corruption."
Government watchdogs on Wednesday said they are "not going anywhere" and will continue pushing for U.S. President-elect Donald Trump to face accountability for his 34 felony counts and other alleged crimes, even as the Republican and his allies threatened the special counsel who has been prosecuting him.
"Trump will still be sentenced for the 34 felony counts on which he has been convicted, and other pending legal proceedings must
also move forward,"
said Robert Weissman and Lisa Gilbert, co-presidents of consumer advocacy group Public Citizen, which spent Trump's first term exposing corruption and unethical profiteering in his administration.
The group pledged to "mobilize Americans to resist Trump's agenda of cruelty and corruption" as it was reported that Special Counsel Jack Smith, who was appointed by the U.S. Department of Justice to investigate Trump's alleged mishandling of classified documents and his role in the January 6, 2021 attack on the U.S. Capitol, was in talks with the DOJ to wind down the federal prosecutions.
Under DOJ policy, a sitting president cannot face prosecution while in office.
Smith filed charges against Trump over the allegations, but the cases were thrown into uncertainty by the U.S. Supreme Court's ruling in July that held presidents have legal immunity for "official acts" while in office.
In legal filings that were unsealed last month, Smith argued Trump should not be entitled to immunity from prosecution because he "resorted to crimes" when he attempted to overturn the 2020 election results.
Trump said in recent weeks that he would fire Smith "within two seconds" if he won the presidency.
His allies, including Sen. Lindsey Graham (R-S.C.) and Rep. Steve Scalise (R-La.), have also demanded an end to what they call "lawfare" against Trump, with Scalise
saying Wednesday that the election results proved American voters want federal and state officials in to "immediately terminate the politically motivated prosecutions of President Donald Trump."
Graham wrote on the social media platform X on Wednesday, addressing Smith and his team, that "it is time to look forward to a new chapter in your legal careers as these politically motivated charges against President Trump hit a wall."
Trump was convicted of 34 state felony counts in New York for falsifying business records related to a hush-money payment to adult film star Stormy Daniels. He is currently scheduled to be sentenced on November 26, but his lawyers are likely to ask for an indefinite delay.
There's also state case in Georgia stemming from Trump's attempts to reverse his 2020 loss.
The work of ensuring Trump is "not about the law," said Weissman and Gilbert, "will continue in earnest [and] will be more important in 2025 than ever before."
Citizens for Responsibility and Ethics in Washington (CREW) said Trump's victory "is making the urgency of accountability and checks on the presidency clearer than ever before."
"We're going to keep standing up against corruption and authoritarianism," said CREW, "as we have been for years."
Public Citizen was among more than 200 groups that announced a virtual event called "Making Meaning of the Moment," planned for November 7 at 8:00 pm. More than 20,000 people had registered as of Wednesday evening.