Garland inherited a booby-trapped DOJ. Here's why it won't be easy to fix.

[Maeve]

By
Joyce White Vance (a name well known to Maddow fans)

https://www.washingtonpost.com/outlook/2021/06/16/merrick-garland-apple-schiff-justice/

The sheer scope of that review will be daunting. The Justice Department has an enormous docket of pending investigations and cases. In 2020, U.S. attorneys’ offices alone indicted in more than 57,000 criminal cases and handled 92,860 civil matters. That doesn’t include the work in the Justice Department’s seven Washington-based litigation divisions: criminal, civil, national security, civil rights, antitrust, tax, and environment and natural resources. There are lawyers in other components of the department as well, such as the pardon attorney’s office, the office of professional responsibility and the Bureau of Prisons. And there are lawyers in the department’s four law enforcement agencies — the FBI, the Drug Enforcement Administration, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the U.S. Marshals Service — while agents work on matters that have yet to be referred to a prosecutor. To complicate things further, investigations can be international in scope.

It’s an enormous portfolio for a new attorney general to take control of, especially without his full team in place. The Senate Judiciary Committee hearing for the head of Garland’s criminal division was only held late last month. There isn’t a single Senate-confirmed U.S. attorney nominated by President Biden in any of the 94 offices across the country.

snip

The Justice Department cannot be — and cannot permit itself to be perceived as — a political tool. Trump’s attorneys general, Sessions and Barr, have denied that they were briefed on the subpoenas, as did former deputy attorney general Rod J. Rosenstein. That’s surprising, because Justice Department rules require notification to the highest levels in cases that involve national security and classified information, like a leak investigation. There are also high-level notification rules for matters involving members of Congress or the media. Even if lawmakers weren’t targets of the investigation, and their information was collected merely because they had contact with someone who was, that would ordinarily be briefed to department leaders. If nothing else, no prosecutor wants to be the one without a chair to sit in when the music stops; it’s hard to believe that when prosecutors first saw the name of a member of Congress crop up, they didn’t tell their bosses, if only to prevent the responsibility from resting on their shoulders alone. Garland can make clear to the public that these processes are in place, even when he can’t disclose details that would compromise cases.

The Justice Department has difficult decisions ahead, ones that will not please everyone. Garland will have to treat people with trust if he hopes to earn their trust in return. This may not be the traditional way things are done at the Justice Department, but it is the right way for this troubling moment.

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Turning the DOJ around is like stopping an aircraft carrier--it can't be done on a dime. I value Joyce Vance's opinion and will give Garland time to work on this major mess TFG left.

[keithbvadu2]

1. Trump and his followers have left their own deep state.

Trump and his followers have left their own deep state.

[paleotn]

4. Masters of projection.....

Whatever they're complaining about, be assured they're actually doing it themselves.

[bucolic_frolic]

2. It's good AG is long-steeped in the ways of Washington

It's not the job for a neophyte. He will know a lot and have heard a lot in his decades in town. Hope he has and is given all the tools he needs.

[LiberatedUSA]

3. The damage Trump left was deep and wide spread.

Some of it will take years to undo. Some of it will never be undone. It will take multiple Democratic Presidents to try and fix it all.

[Dan]

5. Trump and his people didn't so much booby trap the DOJ

As they did to prepare it for his second term.

To me, he was positioning the DOJ to act as his enforcement arm to eliminate (legally) all political opposition to his rule.

To me, he was positioning the DOJ to work with local police agencies to setup a containment of local protest groups that would become one network for national control.

To me, he was putting in place, legally, his own internal security police.

Trump was a dumb son-of-a-bitch, but he learning how to use the powers of the State to control the State. He understood how the NAZIs came to power and maintained power. Of course, he had a little help from Putin on how to undermine the legitimate State governments.

[bluestarone]

14. THIS

I fully agree with!

[Maeve]

15. Don't think it was an either/or as much as a both/and situation

He was bending it to his will for either eventuality

[wnylib]

19. Totally agree. You nailed it.

[liberal N proud]

6. We are still dealing with Reagan policy

I am sure the trump damage will be felt far longer

[Lonestarblue]

7. Start with any investigations initiated by Trump hires.

For example, Bossert Clark was the Assistant Attorney General of the Environment and Natural Resources Division, but he was also pushing the DOJ to get involved in overturning the Georgia vote. He was sworn into office in November of 2018 and resigned this past January after Trump’s coup attempt failed. Given his support for Trump and his lies, anything Clark did while in office should be scrutinized immediately.

Every Trump appointee’s actions should also be scrutinized, even if they’re no longer in the DOJ. A big problem, though, are longer-term employees who became Trump loyalists. The FBI especially tends to lean heavily Republican. How many of them became Trumpists?

I recently read that the State Department is also a mess, with too few staff and left-over morale issues from Pompeo’s reign of terror. Many experienced staff left or were fired, leaving a hollowed-out organization. The good news is that most of those people were not replaced, so there’s less Trump trash to take out. The DOJ and State may be the worst cases, but I suspect Trump and his minions left booby traps throughout most government agencies. We know he also sabotaged the CDC, which will need years to restore its reputation as the world’s premier health agency.

[ecstatic]

17. Exactly! And he might need to get an expert consultant

who can sift through all the keywords for cases that are in any way tied to tRump grievances and also look for any overlap between names that showed up in tRump's tweets, endorsements, businesses, family, nominations, firings, etc.

[MineralMan]

8. If Garland is smart, and I think he is,

he will work to identify the obstructers and others in high-ranking positions and start reassigning them to undesirable locations and duties. He may not be able to fire them, but he can reassign them, and replace them with people who will do their job apolitically. Many of those who get reassigned will quit.

Before beginning this program, he should circulate a memo describing his reorganization plans for the DOJ. Then, he should start doing it. It won't take long for the message to be clear.

Not many high-ranking people will enjoy moving to some Podunk posting or remote office somewhere undesirable.

[PortTack]

11. Agree..I believe that is already happening. Read that someone just last week resigned

Garland knows who they are...not his first rodeo!

[LymphocyteLover]

9. This is important and really puts things in perspective

[stopdiggin]

10. whether we like it or not

is really kind of immaterial. The DOJ cannot change on a dime (and in many instances should not). Not willing to be satisfied with a clear vision and good intent? Want changes NOW? Sorry - I refer you back to the top - that just doesn't count for much. And you might want to start thinking about winning the next 2 or 3 election cycles - big - because focus and stability is the name of the game with Justice.

[StarfishSaver]

12. Thank you for posting this

It's been enormously frustrating trying to explain to people demanding Garland "clean house!!!" and attacking him because he didn't do it yesterday that this is not as easy as they think.

I hope this article helps people better understand just how complicated and daunting this task is and that it's going to take time.

[Maeve]

16. The difference between the DOJ and a light bulb?

It's easy to unscrew a light bulb

[SayItLoud]

13. Fight their fire with our fire. Do the same thing to them, don't play nice.

We are in a political "game" (hate to use the term) that has rules (Norms, standards, laws,) abided by ONLY one side. The side that ignored (s) the rules declares the score, what constitutes winning and the outcome. If you don't agree I refer you to the States of Georgia and Texas and how one side is changing the rules to benefit the outcome of the game, in their favor. Just sayin...

[StarfishSaver]

18. You want us to break the rules like they did?

[wnylib]

20. So we should preserve the democracy that

the fascists tried, and are still trying, to destroy by .... destroying it ourselves in the same way?

If our system, laws, and rules mean anything to us, if they are what we are trying to protect and preserve, then why would we abandon them?

We can recognize what we are up against and be shrewd and creative without abandoning the very things we believe in and want to save.

[jalan48]

21. If he can't turn it around while Democrat's are in control then what? Hope the next Republican

will be reasonable and get back to fair play?

[liberalla]

22. Yes, I remember Ms. Vance and she is very sharp on all things legal! I trust her

message on this and will be patient. I hope we can get more of Garland's team in place quickly, and get those positions requiring Senate approval moving along also.

[Maeve]

23. Kick