Department of Justice

We are still in the early stages of discovering what the documents discovered in Joe Biden's office at the University of Pennsylvania contain and how highly they were classified, so we don’t yet know how dangerous the violation was. But there are things to keep in mind as the story unfolds. 1. Biden’s lawyers did him a huge favor by instructing him not to ask about the documents It’s the last stand of “don’t ask, don’t tell.” Still, as one tabloid used to proclaim,“Inquiring minds want to know.” In particular, we want to know how sensitive the material really was (overclassification is a problem in Washington) and where the documents were held between the time Biden left the vice presidency and the time the Penn Biden Center opened. 2.

The Select Committee to Investigate January 6 announced Monday that it would refer former president Donald Trump for charges to the Department of Justice’s special counsel. The committee also released its Executive Summary, which includes a description of findings and charges. Since its formation in July 2021, the committee has heard testimony from dozens of officials in the Trump administration and individuals who were associated with the January 6, 2021 attack on the US Capitol. The Executive Summary lists seventeen findings of the Select Committee which inform their decision to refer Trump for charges.

It used to be called the "New York Times Problem." It asks at what point does the First Amendment stop protecting journalists against the receipt of stolen property, particularly classified documents. “The Problem” stems originally from the Pentagon Papers, a classified history of the Vietnam War stolen by Daniel Ellsberg and handed over to the Times and later others. The government sought prison time for reporters and editors but failed. What once threatened the Times has now been turned directly against Project Veritas, Ashley Biden's diary, and perhaps Julian Assange as well.

The appointment of a special master is usually a case of much ado about nothing. Except with Donald Trump and his war with the Department of Justice, there is never "nothing." A special master is an independent party appointed by the court, in this instance to “review the seized property for personal items and documents and potentially privileged material subject to claims of attorney-client and/or executive privilege.” In other words, the master will look at the pile of documents and other items seized from Mar-a-Lago by the DOJ under its search warrant and decide which ones they can keep to review and use in their prosecution and which ones are not allowed based on the limits of the warrants and privilege.

The two most striking features of the FBI’s unprecedented raid on Donald Trump’s Mar-a-Lago home are its bold intrusiveness and the public’s mistrust of the Bureau’s honesty and integrity. The Department of Justice could have used low-profile subpoenas to force Trump to turn over any documents, including the most sensitive ones. It didn’t. Instead, it sent carloads of federal agents to search the former president’s house. That raid was also unusual in a second sense. Although mishandling federal documents is a felony, it happens with some frequency, alas, and is almost never subject to full-scale raids. The blowback has been a Category 5 storm. The damage has grown because the FBI and Department of Justice remained silent for three days, refusing to explain their actions.

Get it yet? The point of the raid on Mar-a-Lago and the January 6 hearings is all about one man. Nope, not Donald Trump: Merrick Garland. Either the FBI is trying to get Garland to indict Trump for something, and failing that to indict the highest ranking person near Trump, or Garland is already on the case himself. The reason for this is that nothing else worked. Democrats pointed the full national security apparatus at Trump, with the FBI doing yeoman-like work. They turned Robert Mueller loose with unlimited resources for a full year, going as far as to suggest Trump had obstructed an investigation that found him innocent. Alice in Wonderland stuff, that.

Trouble may be ahead for America's least favorite fortunate son. Department of Justice (DOJ) officials are reportedly discussing whether to indict Hunter Biden on charges relating to tax and foreign lobbying violations. This comes as an investigation into his finances is reaching a “critical stage.” While this might seem like yet another story the mainstream media would sweep under the rug, Cockburn is pleased to see that even CNN covered it. Clearly something is up here. Back in March, one of Cockburn’s pals, Charles Lipson, covered the media’s purposeful blindness into the Hunter Biden laptop scandal after the New York Times casually verified that the computer was real (a year and a half after the New York Post had verified it and been banned from Twitter for its efforts).

Elon Musk recently posted a meme about Jeffrey Epstein and the Department of Justice (DOJ) on Twitter, the brand he's soon (maybe?) hoping to buy. The meme says, “Only thing more remarkable than DOJ not leaking the list is that no one in the media cares. Doesn’t that seem odd?” While Cockburn has nothing but reverence for his governmental overlords, Musk's reference to the Jeffery Epstein/Ghislaine Maxwell client list does stand out as a particularly juicy piece of news. The mainstream media has avoided the list like the Spanish Flu. Doesn’t the average person deserve to know which of their esteemed leaders has taken a trip to the infamous Little Saint James Island?

Democracies cannot survive without public trust. Citizens must be confident that their elected officials represent their interests, at least in broad terms, and are not corrupt, self-dealing con men. They must believe the courts dispense justice fairly and equally, that there’s not one set of rules for insiders and another for everyone else. They understand that complex societies require bureaucracies and that bureaucracies are inherently non-democratic, but they want the bureaucracies’ rules and procedures to be subject to laws, passed by elected officials, overseen by them, and applied evenly. For transparency, they depend on newspapers and television and, in recent years, on websites and social media.

"The cruelty is the point" is a phrase created by The Atlantic's Adam Serwer in an October 2018 essay (it was later expanded into a book). It describes the supposed rejoicing that occurred over Donald Trump's cruel policies, such as the no-tolerance family separations of illegal immigrants and asylum seekers at the Mexican border. The American Civil Liberties Union filed a class-action lawsuit in 2019, seeking damages for the toll the separations took on migrant families. Other attorneys stepped in to file similar claims on behalf of their clients. In late October 2021, the Wall Street Journal reported that the Biden administration was in talks to settle the lawsuits with a whopping figure of $450,000 as a possible high point.

Attorney General Merrick Garland was confirmed to the top post in the Department of Justice in March 2021 by a Senate vote of 70-30. Twenty Republicans crossed party lines to vote for President Joe Biden's nominee, who was previously denied a seat on the Supreme Court during the Obama administration. Here are the Republicans who voted to confirm Garland: Sen. Roy Blunt Sen. Richard Burr Sen. Shelley Moore Capito Sen. Bill Cassidy Sen. Susan Collins Sen. John Cornyn Sen. Joni Ernst Sen. Lindsey Graham Sen. Chuck Grassley Sen. Jim Inhofe Sen. Ron Johnson Sen. James Lankford Leader Mitch McConnell Sen. Jerry Moran Sen. Lisa Murkowski Sen. Rob Portman Sen. Mitt Romney Sen. Mike Rounds Sen. John Thune Sen.

Prince Andrew isn’t hiding from the Department of Justice, a source close to the Prince told me on Friday — and Geoffrey Berman, US attorney for the Southern District of New York, isn’t telling the truth. Who to believe, the prince or the prosecutor? Andrew has kept his head below the parapet since discussing his connections to Jeffrey Epstein in a disastrous BBC interview last November. But Berman has been a voluble and public presence. Three times in the last six months, Berman has accused Andrew and his lawyers of refusing to co-operate with the Department of Justice’s request that he make a witness statement. Andrew and his team have said nothing — until now.

President Donald Trump has ruffled yet more feathers in the past two weeks by serving up his opinions on the Justice Department and the Supreme Court. The president’s critics say his actions are an assault on democratic institutions and a tipping of the scales of justice. His allies argue that the president has every right to express his discontent with elements of the judicial system after the farce of the last three years.  Trump kicked off his feud with the DoJ by weighing on federal prosecutors’ recommended seven-to-nine-year sentence for political consultant Roger Stone, who was convicted of lying to Congress and witness tampering.

Nearly 18 months after US Attorney John W. Huber was appointed to investigate whether the Obama-era FBI and Department of Justice abused their power when they obtained spy warrants on Trump campaign operatives and their handling of alleged pay-for-play Clinton Foundation schemes, there’s no sign of any activity. Members of Congress remain in the dark about what if any progress has been made, and likely witnesses say they haven’t been contacted. The Utah prosecutor, appointed by then-Attorney General Jeff Sessions hasn’t convened any grand juries, or issued any subpoenas or indictments. His office hasn’t even responded to Congressional demands for reports on its work.