Trump DOJ blatantly violating its own rules: ex-federal prosecutor

During an early May appearance on Fox News, Acting U.S. Attorney General Todd Blanche vigorously defended a grand jury indictment of former FBI Director James Comey — who, Blanche claims, threatened to kill President Donald Trump when he posted, on Instagram, a photo of seashells formed in a way that read "8647." Trump is the 47th president of the United States, and "86" means to ditch or get rid of. Many legal experts are arguing that the case has no merit, as "86" doesn't necessarily have a violent connotation — and "8647" could easily be interpreted to mean "impeach Trump," "ditch Trump" or "remove Trump from office" without encouraging any type of violence against him.

One of those Blanche critics is Barbara McQuade, a former federal prosecutor for DOJ who is now a University of Michigan law professor and frequent legal analyst for MS NOW (formerly MSNBC).

In an op-ed published by Bloomberg News on May 6, McQuade argues that Blanche is violating longstanding DOJ rules and policies with his actions against Comey and other Trump foes.

"Responding to what Fox News described as 'widespread criticism' that the indictment (of Comey) fails to meet the legal standard of a 'true threat,'" McQuade explains, "Blanche disclosed some previously unknown information. 'This is not about a single Instagram post,' he said, adding that intent is proved with 'witnesses,' 'documents' and 'materials.' 'This is about a body of evidence that the grand jury collected over the series of about 11 months,' Blanche said."

The former DOJ prosecutor continues, "But the indictment against Comey only references the post and no other evidence. And sharing evidence beyond the four corners of an indictment violates the DOJ's policy. These 'extrajudicial' disclosures can taint the potential jury pool and thus, impede a defendant's due process rights to a fair trial. They also put the indictment at risk of dismissal by the judge. Blanche's willingness to take that chance provides further evidence that this DOJ is more about political messaging than about justice."

Blanche isn't the only Trump appointee McQuade criticizes in her Bloomberg op-ed. She also calls out former Fox News host Jeanine Pirro, now a U.S. attorney for the District of Columbia — and argues that her actions against U.S. Federal Reserve Chairman Jerome Powell violate traditional DOJ standards and policies.

"Even investigations that have not resulted in charges are being litigated in the media, contrary to DOJ norms," McQuade laments. "Jeanine Pirro, the U.S. attorney in the District of Columbia, has made it known that her office holds leverage over Powell with its on-again, off-again criminal investigation into the finances of the central bank's new headquarters. Her statements fly in the face of DOJ policy to neither confirm nor deny even the existence of an investigation. Then, when Trump was pressuring Powell to lower interest rates, Pirro issued grand jury subpoenas, which a judge quashed as baseless. She announced the investigation was over when Trump sought Senate confirmation of Powell's successor, Kevin Warsh."

McQuade continues, "Once the Senate Banking Committee advanced the nomination, however, Pirro said that the probe could resume at any time…. In a famed 1940 speech at the Justice Department's Great Hall, then-Attorney General Robert Jackson spoke of 'the spirit of fair play and decency that should animate the federal prosecutor.' In Trump's DOJ, that spirit is dead."

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