James Sample, a professor at Hofstra University Law School, told MS NOW Wednesday that things haven't been going well for federal workers, particularly in the Justice Department.
Attorney General Todd Blanche commented on Fox News that he serves as Stephen Miller's new lawyer and is constitutionally obligated to do so. The office of the Attorney General and the Justice Department aren't in the Constitution. It wasn't started until after the Civil War to enforce the new constitutional amendments.
Democrats have made it clear that they fully intend to investigate corruption in President Donald Trump's administration. The administration responded with a letter saying that if they investigate the administration then the Justice Department could indict members of Congress, which legal analysts caution would have to be related to something that doesn't involve their legislative capacity.
Sample explained that some higher-level lawyers at the DOJ could end up being disbarred, so it's not unusual for staff there to be nervous about their careers.
"We have seen examples of individuals getting fired or individuals leaving because either they wouldn't pursue and therefore got fired or wouldn't pursue, and therefore were faced with the pressure to resign if they weren't willing to pursue those cases that were crossing the line and were going after retribution," said Sample.
"The Lindsey Halligan scenario — you forget that before Lindsey Halligan, there was Eric Siebert declining to engage in that prosecution," he continued. "Then Lindsey Halligan, with no experience and an unlawful appointment, and then a grand jury failed to indict as well. So, you're right there in that little microcosm, you have all three stages."
He also explained that the choke point hasn't been the willingness of the Department of Justice leadership at a political level. The problem has been that civilians were unwilling to support Trump's retribution efforts.
Host Katy Tur asked whether these kinds of things harm people working for the DOJ on the whole and whether they'll be able to find jobs in the next administration or outside of the Trump administration.
As recently as Monday, a lower-level Justice Department lawyer was reprimanded by a judge.
"A federal judge in the Eastern District of New York told a Department of Justice assistant United States attorney that he was barred from participating in a case again and subjected him to Rule 11 sanctions," Sample said.
Rule 11 sanctions are penalties a federal civil court can impose on lawyers, law firms or those presenting filings with frivolous legal arguments or cases, inadequately supported factual claims or improper purposes. Sample explained it's never a word any lawyer wants to hear from a judge.
The other lawyers involved in the case are also subject to similar sanctions because the federal judge said they engaged in gross misrepresentations of facts.
MS NOW justice and intelligence reporter Ken Dilanian said that he spoke to someone in the DOJ recently who complained about "bureaucratic failure, not enough resources and terrible morale.
"And everybody is looking for the exits," said Dilanian. "Anyone who can leave is trying to leave, just about. But in terms of the wartime footing with regard to congressional investigations, what's very clear is that they are preparing to resist congressional subpoenas, and they're also preparing to investigate members of Congress to go on offense."
He said that Blanche has made it clear he wouldn't rule out prosecuting members of Congress even if they can't ultimately get a grand jury to agree to an indictment.
