President Donald Trump's administration is creating a reputation for itself of frequently teeing itself up for embarrassing losses in court. Now, the Wall Street Journal's editorial board is arguing that its unprecedented record in the federal judiciary may be a deliberate strategy.
The Journal observed Monday that the Trump administration's failed attempt to prosecute Sen. Mark Kelly (D-Ariz.) was merely the latest example of the DOJ bringing a flimsy case before a grand jury only to be sent home empty-handed. The Rupert Murdoch-owned paper pointed out that after Trump accused Kelly of "seditious behavior, punishable by death" for urging military service members to remember their duty to disobey illegal orders, Defense Secretary Pete Hegseth jumped to action, with the Journal commenting that Hegseth "takes tango lessons whenever Mr. Trump says dance."
Trump's Pentagon chief sent Kelly a "letter of censure" and attempted to dock his retirement pay over his remarks, prompting Kelly to sue the administration. U.S. District Judge Richard Leon — an appointee of former President George W. Bush — admonished the Pentagon from the bench, and reminded the administration that Kelly was guilty of nothing more than expressing his constitutionally guaranteed First Amendment rights.
Insult was added to injury after a grand jury refused to indict Kelly and the five other Democratic lawmakers in the video (all of whom are veterans of the military and intelligence agencies). In addition to returning a "no true bill" verdict, not one grand juror voted in favor of the DOJ's indictment, which is a virtually unprecedented event.
However, the Journal reminded readers that U.S. Attorney Jeanine Pirro — who heads the DOJ's prestigious District of Columbia office — has also struck out with grand juries on multiple occasions. According to the Journal, Trump's DOJ may in fact be more focused on pleasing an audience of one rather than actually having success arguing cases in a court of law.
"This legal humiliation is becoming a habit for Trump officials," the Journal wrote. "... [Pirro] seems to believe that her priority is lawfare instead of pursuing actual criminals. It will be a healthy development if more Americans decide they’ve had enough of political prosecutions."
"Mr. Trump seems to expect slavish fealty in his deputies, or at least his deputies behave as if they think he does," the paper continued. "But as they lose in court, they are doing their reputations no favors."