Behind Trump's DOJ humiliation strategy — and their use of fake cases

A Cable TV host did an extended rant a few days ago about how many cases Trump has lost in court, arguing that “these guys are really bad at what they do” or words to that effect. I beg to differ: they know exactly what they’re doing, and getting convictions to imprison protesters isn’t (yet — they haven’t yet finished building out their network of concentration camps) their real goal.

Stop thinking of it as law enforcement and start thinking about it as punishment and intimidation. That’s their real goal, at least for the moment.

The indictment, the predawn FBI raid, the mugshot, the bail hearing, the ankle monitor, the year of massive, retirement-fund-draining legal bills and sleepless nights, and the GoFundMe that a protestor, politician, schoolteacher, or a local trustee has to set up just to defend herself against the most powerful government on Earth: those are the punishments that Trump and his lickspittles are so gleeful about inflicting on those of us they decide to target.

Former Trump DHS Chief of Staff Miles Taylor, noting last week that he’s heard more indictments of Trump “enemies” are coming soon, summarized it this way:

“The Soviet-ization of American life is farther along than most people realize.”

The eventual dismissal in court or quiet non-indictment by a grand jury is just paperwork stapled to the end of a campaign of brutal intimidation that already did exactly what it was built to do.

A prosecutor who only brings cases he expects to win is enforcing the law. But, in Trump’s case, corrupt prosecutors who keep bringing cases that grand juries reject, that judges ridicule, that they themselves abandon the moment real scrutiny shows up, aren’t trying to win at all. They’re trying to make examples of people, to destroy them financially, and to intimidate anybody else who may think of speaking out.

Because making examples of people who criticize those in power is Rule One in the Dictator’s Playbook.

This isn’t even a new or modern idea here in America.

Back in 1798, President John Adams and his rightwing Federalists pushed through the Sedition Act, which made it a crime to publish anything false, scandalous, or malicious about the president. The most dramatic target was a sitting liberal congressman from Vermont named Matthew Lyon, who went to jail for writing that Adams had “an unbounded thirst for ridiculous pomp.”

Adams had his federal prosecutors go after more than two dozen people, most of them opposition newspaper editors, for the “crime” of criticizing him. It was such a naked abuse of power that horrified Americans swept Adams out of office in the election of 1800 and handed the presidency to Thomas Jefferson, who pardoned every last one of them and expired most of the law.

The Framers had just finished writing into the First Amendment the right of the people “peaceably to assemble and to petition the government for a redress of grievances,” and Adams turned right around and tried to make exactly that a felony.

Everything Trump’s DOJ is doing right now is a sequel to that story, with an even more fascist edge to it.

For example, you can see the whole brutal scam running in a case just outside Chicago. Six immigration-rights allies, including a former congressional candidate, an Oak Park village trustee, and a Democratic ward committeeperson, got hit with a felony conspiracy charge for allegedly surrounding an ICE agent’s SUV at a protest outside the Broadview detention facility.

They were painted as a “violent mob” in the media, each faced up to seven years in prison, and they spent the better part of a year raising money and living with all of that hanging over their heads. It was a living hell, the sort of thing that disrupts lives, loses jobs, and even can stress marriages to the point of breaking, which is exactly what Trump’s malicious legal goons intended.

Then — in a move I suspect they hadn’t anticipated — a curious federal judge pried loose the original grand jury transcripts, and the whole thing came apart in dramatic fashion.

The transcripts show the grand jury had actually refused to indict, returning a rare “no bill,” and that when one juror said out loud that the case was a “crock of s----” the lead prosecutor simply dismissed him and sent him home.

It took the ethics-free lawyers still willing to work for Trump and Acting US Attorney General Todd Blanche three separate tries before prosecutors finally squeezed out the indictment they wanted, and the judge later said she’d never before seen the kind of misconduct she saw in those pages.

To avoid a public humiliation, days before the trial was set to begin, the U.S. Attorney dropped everything with prejudice, meaning it can never be refiled; one of the defendants broke down in tears and cried out loud in the courtroom when she finally heard it was over.

If Broadview was a fluke, you could chalk it up to one rogue prosecutor having a bad year. But it wasn’t a fluke. It’s the template.

Out in Los Angeles, a former Marine and longtime community activist named Alejandro Orellana got indicted on felony conspiracy and civil-disorder charges, facing up to 10 years, for the crime of handing out protective face shields to people demonstrating against ICE.

The FBI raided his home and ripped it apart; the U.S. Attorney went on social media to brand him part of a “shadowy network funding riots.” Six weeks later, prosecutors quietly moved to dismiss the case. By then, the Los Angeles Times had documented dozens of protest-related arrests that had collapsed or been quietly downgraded, none of them walked back with anything like the fanfare of the original perp walks.

In each case, people were hit with tens of thousands (or even hundreds of thousands) of dollars in legal bills, had their lives and homes turned upside down, and were doxxed in ways that, for many, brought death threats and harassment from Trump’s most violent and fervent cultists.

This Russia-like racket runs all the way up to Capitol Hill.

When six Democratic members of Congress, including Senator Elissa Slotkin from my home state of Michigan and combat hero Senator Mark Kelly of Arizona, recorded a ninety-second video reminding service members that they have a legal duty to refuse unlawful orders, Trump called it seditious behavior “punishable by DEATH” and demanded they be arrested and put on trial.

His DOJ actually carried it to a grand jury, which flatly refused to indict anyone. The same thing kept happening to other marquee targets: the cases against James Comey and New York Attorney General Letitia James were thrown out, and a second grand jury refused to charge James even on a do-over, something her lawyer called unprecedented, because it nearly is.

Nonetheless, all of their lives were disrupted, all of them had to raise a small fortune to cover their legal costs, and their reputations were sullied. That was Trump’s real goal.

And it’s not just individuals.

When DOJ leadership went after the Southern Poverty Law Center, whistleblowers inside the department told Congress that senior officials ordered prosecutors to fast-track a “legally deficient” indictment even though they couldn’t point to a single victim or any actual deception, and that the standing instruction was to “go big” and “go loud” against protesters and critics like the SPLC.

That’s why career lawyers — literally thousands — have been resigning from federal positions in waves rather than sign their names to this kind of fascistic, bullying, punitive crap.

The cruelty of the thing is the point: the people running these legal grifts know they’ll lose most of these cases, but they don’t care, because winning in court was never the goal. The goal is to hurt the protestors and intimidate into silence anyone else who may be watching.

It’s the next teacher who thinks about marching in a protest, the next county trustee who thinks about signing an open letter, the next reporter who thinks about publishing a leaked memo and decides it just isn’t worth a year of her life and a hundred thousand dollars in legal fees to find out whether she’d eventually be vindicated.

Joe McCarthy understood this in the 1950s, when he and Roy Cohn (also Trump’s attorney and pre-Putin mentor) barely convicted anybody of anything yet gleefully destroyed thousands of lives. The subpoenas, the televised hearings, and the blacklist did all the work, and careers and lives were turned upside-down on accusations alone.

Watchdog groups like Protect Democracy are now keeping running tallies of these retaliatory cases precisely because the pattern has become too consistent to pass off as a string of honest mistakes, like they keep trying to pretend they are.

So let’s name it plainly: when prosecutors keep bringing cases that grand juries don’t want, that judges openly mock, and that they themselves abandon the instant a real court starts asking real questions, they aren’t fumbling.

They’re trying to bleed and then delete the right to peaceably assemble and petition for a redress of grievances, the right to free speech, the right to hold an anti-Trump or anti-fascist opinion right out of the Constitution, one frightened citizen at a time.

The sentence gets served long before any jury votes, and the verdict they’re actually chasing is our silence.