Americans Have Rejected DOJ’s Lawfare

Trump will have to clean house at Justice, one of the most essential and most corrupted arms of our federal government.

Note: This short essay was published today at Tom Klingenstein.

The people of this great nation are slow to anger, patient, and inclined to give the benefit of the doubt. They also have an ancient reverence for the rule of law, deferring to its pronouncements in even the most controversial matters. But, for the last eight years, some of the most corrupt, cynical, and treacherous men and women ever to walk the halls of power in Washington, D.C., exploited these admirable traits. I’m speaking, of course, of the leadership and even some of the rank-and-file of the Department of Justice. 

Finally, on November 5, the people of the United States of America delivered a late but stunning rebuke to the ruling elite, the Washington bureaucracy, and above all the Department of Justice. Indeed, never in this country’s history has such a public and censorious rebuke been delivered so clearly to a single federal agency. 

That rebuke makes clear that the Department of Justice has failed totally to meet the high standards of excellence expected by the American people. It has disgraced itself in every respect: wallowing in dishonesty, targeting its opponents, kid-gloving its allies while hammering its enemies, obliterating legal norms, weaponizing the legal system, prosecuting the political opposition, and normalizing lawfare. 

In short, the Department of Justice has reached the nadir: it is treacherous and pathetic. And all the world knows it. 

Worse, at this very minute many career DOJ bureaucrats are busy justifying their disgusting misconduct. They are speaking to anybody who will listen, but mostly to themselves. Self-justification is certainly an ingredient in the human condition. It is also hubris — outrageous arrogance. The doubling down on one’s prior misconduct in the hopes that sheer acts of willpower can redeem evil. But only repentance can redeem. Acknowledging the error of one’s ways is the first and hardest step towards atonement. Hubris will prevent many within DOJ from taking that first step. And though the country will eventually move on, relegating those stubborn few to the ash heap of history, those few will harbor a grudge with an eternal flame. They will ultimately end their days locked within a suffocating prison of arrogance.

Other, more introspective personnel within the Department need not share this sorry fate. For those line attorneys who aided and abetted the gross misconduct of the past few years, the country invites you to reflect on your errors. Though now roused to anger, we Americans are also quick to forgive, when forgiveness is possible. And it is possible for those who didn’t lead the charge to destroy our institutions. But the onus is on you to earn that forgiveness. You must begin the process of soul-searching, of doing the hard work of introspection, of owning your mistakes, and of accepting the consequences. Some of you will choose to leave; others will be forced to do so. This is the only way to return to the truth. 

Finally, and fortunately, much of the Department of Justice is still staffed by good people. They are loyal to America, its people, and its Constitution. In countless ways, these people resisted and obstructed the recent treachery: refusing to prosecute unjust cases, to tamper with evidence, to spy on their fellow citizens, to lie to federal courts, to subvert our form of government, to impair our way of life, or to repeat the ocean of lies spewed forth by the department’s venomous leadership. Even in this moment of anger, America recognizes that, without them, the situation would be even worse — hard as that is to imagine. And with them, we will rebuild the  reputation of the Department of Justice and strive to regain the respect of America — as its obedient and faithful servant. Never again its master. Never. 

Jack Smith, Merrick Garland, Kristin Clarke, and others in DOJ face an uncertain future. Earlier this year, in an essay entitled “The Post-Constitutional Order,” I wrote that they “have wagered everything — their property, their careers, their reputations, and their liberty — on the regime’s retention of power.” Now the verdict is in. The evil regime lost its grip on power. As a result, some of these offenders may lose their licenses. Others may face prosecution. Some may end up in prison. 

Whether they face material consequences or not, America has already delivered its verdict. History will long remember that as to the charges of betraying our nation’s founding principles, perverting our form of government, and subverting our way of life, the nation finds them: Guilty.

*** Please like, restack, and share this essay. Every gesture makes a difference. Thanks, - TJ