justice department

The loophole that keeps a Trump loyalist as L.A.’s federal prosecutor

Across the country, President Trump has installed handpicked loyalists as top federal prosecutors. Several have been pushed out after legal battles because they lack Senate confirmation to serve as U.S. attorneys.

But in Los Angeles, Bill Essayli wields the power of a top prosecutor under a lesser title: “first assistant.”

Essayli clocked his first full year in office this week. He has survived the kinds of challenges that sunk Trump picks in other states through a combination of legal gamesmanship by the U.S. Department of Justice and a lack of action by judges in the Central District of California.

Essayli has used his position to act as one of Trump’s fiercest legal foot soldiers. He has pursued criminal charges against protesters, activists and immigrants while dropping cases involving administration allies and supporting lawsuits over transgender and environmental policies in California.

After Trump’s firing Thursday of U.S. Atty. Gen. Pam Bondi, it’s unclear how her replacement will handle continuing battles over the legality of Trump’s appointees. Essayli is popular with high-level administration officials, and received a congratulatory post on X from Vice President JD Vance over the filing of fraud cases earlier this week.

A conservative former state Assembly member from Riverside County, Essayli, 40, was sworn in as interim U.S. attorney last April. Around the time he hit that role’s 120-day limit, Bondi made him a “special attorney” and designated him “first assistant.” A federal judge later disqualified Essayli as acting U.S. attorney, finding he was “not lawfully serving” in the top role. But the judge said he had no authority to undo Essayli’s designation as first assistant. With no one above him in the office, that title leaves Essayli as the de facto U.S. attorney.

In other jurisdictions, members of the federal bench have exercised their authority to appoint an interim U.S. attorney. Chief U.S. District Judge Dolly M. Gee’s chambers did not respond to a request for comment about why no similar action has been taken in L.A.

A court spokesman declined to comment. Essayli did not respond to a request for comment. The White House referred questions to the Justice Department.

A Justice Department spokesperson issued a statement that praised Essayli for prosecuting “drug cartels and transnational criminal organizations, sex traffickers, violent street gangs, leftist rioters and domestic terrorists, fraudsters, and child predators.”

“It is a disservice to our prosecutors and the American people when judges prevent the President and the Attorney General from installing qualified and capable prosecutors who will aggressively enforce our laws and make America safe again,” the Justice Department spokesperson said.

The lack of action by Gee, a President Obama appointee, has surprised some legal observers, especially given the swiftness with which judges in other districts have acted. It also has frustrated some former federal prosecutors that fled the office under Essayli’s chaotic tenure.

One former assistant U.S. attorney, who left the office under Essayli and requested anonymity to discuss sitting judges who will likely preside over future cases of theirs in the district, accused Gee and others of “shirking their responsibilities” by not appointing someone to the vacant U.S. attorney post.

Another former Central District prosecutor who left the office before Essayli’s appointment said Gee was being practical, taking a “protective” stance to “keep the court away from the ire and invectives coming out of the White House.”

It is “unfair to say the court is abdicating its authority,” said the ex-prosecutor, who also requested anonymity to speak candidly about the district’s judges.

Under long-standing Senate tradition, individual senators can block a U.S. attorney nominee in their home state by withholding their “blue slip,” which clears a nominee’s path to a confirmation hearing.

Trump has tried to skirt the Senate confirmation process to appoint top federal prosecutors in multiple states, including New Jersey and Virginia, where two of the president’s personal lawyers were named U.S. attorney — who immediately moved to zealously advance the president’s agenda and, in some cases, prosecute his rivals.

In Virginia, Trump replaced U.S. Atty. Erik Siebert, a nominee who was under Senate consideration, with one of his former personal attorneys, Lindsey Halligan. Siebert had refused to prosecute some of Trump’s political enemies and resigned. In her first ever criminal case, Halligan swiftly moved to indict former FBI Director James B. Comey. The prosecution was later thrown out and Halligan’s appointment deemed illegal.

In New York’s Northern District, when judges moved to oust the president’s former campaign attorney — who received the same “first assistant” designation as Essayli — Justice Department officials promptly fired his replacement.

Erwin Chemerinsky, dean of the UC Berkeley School of Law, said Trump’s attempts to bypass the normal confirmation processes are unconstitutional.

This is very troubling because it circumvents the constitutional procedure of having the president nominate and the Senate confirm. That’s crucial to checks and balances,” he said. “This allows the president to appoint whoever he wants.”

Though Essayli has more law enforcement experience than many of Trump’s chosen prosecutors, he’s still struggled to achieve courtroom victories. His prosecutors have lost nearly all the cases they’ve brought to trial against anti-Trump protesters and abandoned others after grand juries refused to return indictments.

Meghan Blanco, a former federal prosecutor and veteran defense attorney, suggested Gee’s inaction with Essayli might be a clever act of resistance. Rather than picking a fight with the White House, Blanco said, the judges are letting the top prosecutor fall on his face.

“If you’re a judge and displeased with what DOJ is doing and the shenanigans they’re pulling … you let the Essayli appointment play out,” Blanco said. “No one has seen a U.S. attorney’s office lose the way this office is losing now.”

Sen. Adam Schiff (D-Calif.) told The Times this week that he is working with Sen. Cory Booker (D-N.J.) to craft legislation to clarify the procedures required to appoint U.S. attorneys and prevent Trump and future presidents from circumventing the Senate.

The legislation, which Schiff did not describe in detail, faces an uphill battle even if Democrats retake the Senate in the upcoming midterms. But the California senator said he is committed to challenging Trump’s maneuvering.

Schiff said Essayli “could not be confirmed and for a reason: He lacks the judgment, temperament and integrity required of a U.S. attorney.”

Laurie Levenson, a Loyola Law School professor and former federal prosecutor, said local federal judges may believe it would be “more disruptive to try and put somebody in when the administration will just fire them.”

But their inaction, she said, has effectively confirmed Essayli as U.S. attorney — and highlights “a real weakness in the system” that demands a legislative fix.

“The bottom line is you have an administration that just doesn’t want to follow the rules,” she said. “There has to be some political will to have Congress do its duty.”

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Bondi struggled to prosecute Trump foes. But will a new attorney general make a difference?

Pam Bondi is out of her job after failing to deliver criminal cases against President Trump’s political enemies.

But there’s no guarantee her successor will have any better success at placating the president.

Over the last year, Bondi’s Justice Department has encountered resistance from judges, grand jurors and its own workforce in trying to establish criminal conduct by one Trump foe after another. A new attorney general will confront not only Trump’s demand for political prosecutions — a constant dating back to his first term in the White House — but also the same skeptical court system, and factual and legal hurdles, that have impeded efforts to deliver the sought-after results.

“At the end of the day, it’s not like there were some magic steps that Pam Bondi could have taken to make bad cases look good to grand juries or judges,” Peter Keisler, a former acting attorney general in President George W. Bush’s administration, said in an email. “The problem is that the president is demanding that prosecutions be brought when there’s no evidence and no valid legal theory. A new Attorney General won’t change that.”

Bondi was just the latest Trump attorney general pressed to meet the president’s demands of loyalty and desire for retribution. Trump in his first term called for Jeff Sessions to investigate Democrat Hillary Clinton and ultimately pushed him out over his recusal from the Russia election interference investigation. He berated another attorney general, William Barr, over Barr’s refusal to back his false claims of election fraud in the 2020 contest. Barr resigned soon after.

Bondi arrived at the Justice Department 14 months ago seemingly determined to remain in Trump’s good graces unlike her predecessors had, heaping praise on him, offering unflinching support and embarking on investigations into Democrats and the president’s adversaries — even amid concerns from career prosecutors about the sufficiency of evidence.

Days after Trump implored Bondi via social media last September to prosecute former FBI Director James Comey and New York Atty. Gen. Letitia James, the Justice Department did just that, securing indictments in Virginia.

But the win was short-lived: a judge weeks later dismissed the cases after finding that the prosecutor who filed them, Lindsey Halligan, was illegally appointed. Grand juries have since refused to bring new mortgage fraud charges against James and the Comey case is mired in a thorny evidentiary dispute and statute of limitations concerns. Both Comey and James have vigorously denied any wrongdoing and called the cases against them politically motivated.

Since then, a federal grand jury in Washington refused to return an indictment against Democratic lawmakers in connection with a video in which they urged U.S. military members to resist “illegal orders.” And a federal judge has quashed Justice Department subpoenas issued to the Federal Reserve as part of an investigation into testimony last June by Chair Jerome Powell about a $2.5 billion building renovation.

The judge, James Boasberg, said that the government has “produced essentially zero evidence to suspect Chair Powell of a crime” and called its justifications for the subpoenas a “thin and unsubstantiated” pretext to force Powell to cut interest rates. A prosecutor on the case subsequently conceded in court that the investigation had not found evidence of a crime.

An additional investigation into a Trump enemy remains underway with prosecutors in Florida scrutinizing former CIA Director John Brennan over testimony to Congress related to Russian interference in the 2016 election. That investigation has been open for months, but has not produced charges and it’s not clear that it will. Brennan’s lawyers have similarly called the investigation baseless.

One high-profile Trump critic who could face trial in the years ahead is his former national security adviser, John Bolton, though the investigation that produced that indictment and examined Bolton’s handling of classified documents began before Trump took office.

For now, the Justice Department will be led by Deputy Atty. Gen. Todd Blanche, who has a longstanding relationship with Trump after having served as one of his personal lawyers. Several people familiar with the matter told the Associated Press on Thursday that Lee Zeldin, a Trump loyalist and head of the Environmental Protection Agency, has been privately mentioned by Trump as a possible pick.

Whoever holds the job in the long term will almost certainly be expected to carry out Trump’s retribution campaign with more success, said Jimmy Gurule, a former Justice Department official and law professor at Notre Dame. Blanche appeared to acknowledge as much in a Thursday evening interview with Fox News, saying “I think the president is frustrated, everybody is frustrated ” and that “what we saw happen for the past four years is unforgivable and can never happen again.”

“If she was fired because Trump did not think that she was moving quickly enough in bringing criminal cases against his political enemies, then you would expect that the person that would replace her would probably agree to escalate those efforts,” Gurule said.

Tucker writes for the Associated Press.

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Trump has privately discussed possibility of firing Bondi, AP sources say

President Trump has privately discussed the possibility of firing Atty. Gen. Pam Bondi and replacing her with Environmental Protection Agency Administrator Lee Zeldin, three people familiar with the matter told the Associated Press on Thursday.

In those conversations, Trump has discussed his ongoing frustration with Bondi over her handing of the Jeffrey Epstein files and hurdles the Justice Department has encountered in investigations into Trump’s perceived enemies, the people said. The Republican president has mentioned other candidates but has raised Zeldin’s name as recently as this week, the people said.

The people were not authorized to publicly discuss the private conversations and spoke to the AP on the condition of anonymity.

No decision has been announced, and Trump has been known to change his mind on personnel decisions.

“Attorney General Pam Bondi is a wonderful person and she is doing a good job,” Trump said in a statement produced by the White House.

Zeldin, a former Republican congressman from New York, has been publicly and privately praised by Trump, who at an event in February described him as “our secret weapon.”

Bondi, a former state attorney general in Florida and a Trump loyalist who was part of his legal team during his first impeachment case, has been in her position for more than a year. She came into office pledging that she would not play politics with the Justice Department, but she quickly started investigations of Trump foes, sparking an outcry that the law enforcement agency was being wielded as a tool of revenge to advance the president’s political and personal agenda.

She has also endured months of scrutiny over the Justice Department’s handling of the Epstein files that made her the target of angry conservatives even with her close relationship with Trump.

Under Bondi’s leadership, the department opened investigations into a string of Trump foes, including Federal Reserve Chair Jerome Powell, New York Atty. Gen. Letitia James, former FBI Director James Comey and former CIA Director John Brennan.

The high-profile prosecutions of Comey and James were quickly thrown out by a judge who ruled that the prosecutor who brought the cases was illegally appointed. Other politically charged investigations have either been rejected by grand juries or failed to result in criminal charges.

Richer, Tucker, Balsamo and Price write for the Associated Press.

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Georgia’s Fulton County and Trump administration square off in court over seized 2020 ballots

Attorneys for Georgia’s Fulton County and President Trump’s administration squared off in court Friday over the county’s demand that the FBI return seized ballots and other materials from the 2020 election.

Abbe Lowell, an attorney representing Fulton County, noted that the January raid was “unusual” because it involved an old election and allegations that have already been investigated in the years since Trump, a Republican, lost the county and the state to Joe Biden, a Democrat.

Lowell contended that the Trump administration seized the materials because it grew impatient with litigation the Justice Department filed to obtain them last year. “There’s abundant law that the left hand of the department needs to know what the right hand is doing,” Lowell told U.S. District Judge J.P. Boulee.

Michael Weisbuch, representing the federal government, replied that the separate civil litigation wasn’t “relevant in any respect.” He said the administration has already provided Fulton County with digital copies of everything taken and needs to retain physical copies to carry out its own investigation.

Boulee wrote in a scheduling order that the hearing was needed after the two sides failed to reach an agreement in court-ordered mediation.

Trump’s actions alarm Democrats and election officials

The Jan. 28 seizure from a warehouse near Atlanta targeted the elections hub in Georgia’s most populous county, which is heavily Democratic and includes most of Atlanta. Fulton County has been at the center of unfounded claims by Trump and his allies that widespread election fraud cost him reelection.

The FBI’s move was among several actions by the Trump administration that have alarmed Democrats and many election officials who are concerned it’s using law enforcement to pursue the president’s personal grievances and is planning ways to interfere in this year’s midterm elections. The FBI also used a subpoena earlier this month to obtain records related to an audit of the 2020 presidential election in Maricopa County in Arizona, another battleground state Trump lost that year.

At the same time, the Justice Department is fighting numerous states in court for access to voter data that includes sensitive personal information. Election officials, including some Republicans, have said handing over the information would violate state and federal privacy laws.

Justice Department says it’s investigating 2020 ‘irregularities’

Lawyers for Fulton County argued in a court filing that the seizure of its documents was “improper and unjustified” and demonstrates “callous disregard” for the Fourth Amendment protection against unreasonable search and seizure. The Justice Department seeks to “set a precedent that would grant the federal government unchecked power to interfere with the local administration of elections,” it wrote.

Justice Department attorneys argued that preparing a detailed affidavit and presenting it to a judge “is the exact opposite of ‘callous disregard’” for those constitutional rights. “Their goal to disrupt an ongoing federal criminal investigation is clear,” they wrote of Fulton County officials.

The Justice Department said it is investigating “irregularities that occurred during the 2020 presidential election in the County” and identified two laws that might have been violated. One requires election records to be maintained for 22 months, while the other prohibits procuring, casting or tabulating false, fictitious or fraudulent ballots.

The filing said the FBI is looking into whether Fulton County properly retained ballot images; whether some ballots were scanned and counted multiple times; whether unfolded, unmailed ballots were counted as mail-in absentee ballots; and potential irregularities concerning tabulator tapes from the scanners used to count ballots.

Fulton County’s lawyers wrote that the “deficiencies” or “defects” in the county’s handling of the 2020 election cited in the affidavit are the kinds of human errors that commonly occur without any intentional wrongdoing and cannot establish probable cause.

Election tech expert cites problems in the affidavit

To support their claims, Fulton County officials submitted a sworn declaration from Ryan Macias, an election technology and security expert who advised the county during the 2020 election. He said the affidavit contains “a multitude of false or misleading statements and omissions” and offered explanations for the alleged “deficiencies.”

Investigations by the Georgia secretary of state and independent reviews contradict the core allegations of the affidavit, which is “rife with statements from witnesses lacking credibility, with extraordinary and undisclosed biases,” Fulton’s lawyers argued.

Georgia’s votes in the 2020 presidential race were counted three times, including once by hand, and each count affirmed Biden’s win.

Federal government lawyers rejected the idea that the FBI agent who wrote the affidavit “intentionally or recklessly misled” the judge, writing that “the supposed misrepresentations and omissions flagged by Petitioners are illusory and/or immaterial.” They also asserted that a lapse of the statute of limitations on the potential crimes does not negate probable cause.

The Justice Department also noted that a federal magistrate judge reviewed the FBI affidavit and signed off on the search warrant. Fulton County sought to have the FBI agent who wrote the affidavit testify at Friday’s hearing, but the Justice Department objected and the judge sided with the federal government.

Brumback writes for the Associated Press. AP writer Nicholas Riccardi in Denver contributed to this report.

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Justice Department settles lawsuit from Trump ally Michael Flynn for $1.2 million, AP source says

The Justice Department has settled for roughly $1.2 million a lawsuit from Michael Flynn, the former national security advisor to President Trump who pleaded guilty during the Republican’s first term to lying to the FBI about his conversations with a top Russian diplomat and was later pardoned.

Court papers filed Wednesday do not reveal the settlement amount, but a person familiar with the matter, who spoke to the Associated Press on condition of anonymity to disclose nonpublic information, confirmed the total as about $1.2 million.

The settlement resolves a 2023 lawsuit in which Flynn sought at least $50 million and asserted that the criminal case against him amounted to a malicious prosecution. It also represents a stark turnabout in position for a Justice Department that during the Biden administration had pressed a judge to dismiss Flynn’s complaint. Atty. Gen. Pam Bondi, a former personal lawyer for the president, has openly criticized the Russia investigation in which Flynn was charged and the Justice Department in the last year has opened investigations into former officials who participated in that inquiry.

The Justice Department cast the settlement as an “important step in redressing” what it says was a “historic injustice” of the Russia investigation that shadowed Trump for much of his first term.

“This Department of Justice will continue to pursue accountability at all levels for this wrongdoing. Such weaponization of the federal government must never be allowed to happen again,” a spokesperson said.

In a separate statement, Flynn said: “Nothing can fully compensate for the hell that my family and I have endured over these many years — the relentless attacks, the destruction of reputations, the financial ruin, and the profound personal toll inflicted upon us all. No amount of money or formal resolution can erase the pain caused by a prosecution that should never have been brought.”

The settlement is the latest turn in the long-running legal saga involving Flynn, one of six Trump associates charged as part of special counsel Robert Mueller’s investigation into potential ties between Russia and Trump’s 2016 presidential campaign. That investigation found Russia interfered in the election on Trump’s behalf and that the Trump campaign eagerly welcomed the help, but it ultimately found insufficient evidence of a criminal conspiracy.

Flynn, a retired Army lieutenant general who vigorously campaigned at Trump’s side, served for weeks as his first national security advisor before being pushed out of his position. He remained a Trump ally even after agreeing to cooperate with Mueller’s team. He was pardoned in the final weeks of the president’s first term.

Flynn pleaded guilty in December 2017 to lying to the FBI when he said he had not discussed with the Russian envoy, Sergey Kislyak, sanctions that the outgoing Obama administration had just imposed on Russia for election interference. During that conversation, Flynn advised that Russia be “even-keeled” in response to the punitive measures, and assured him “we can have a better conversation” about relations between the countries after Trump became president.

The conversation alarmed the FBI, which at the time was investigating whether the Trump campaign and Russia had coordinated to sway the election. In addition, White House officials were stating publicly that Flynn and Kislyak had not discussed sanctions, which the FBI knew was untrue.

Flynn was ousted from his position in February 2017 after news broke that Obama administration officials had warned the White House that Flynn had indeed discussed sanctions with Kislyak and was vulnerable to blackmail. He pleaded guilty months later to a false statement charge.

But Flynn later sought to withdraw his guilty plea, saying federal prosecutors had acted in “bad faith” and broken their end of the bargain when they sought prison time for him.

The Justice Department in 2020 moved to dismiss the case, asserting that the FBI had no basis to interview Flynn about Kislyak and that any statements he made during the interview were not material to the FBI’s broader counterintelligence probe.

Flynn was pardoned by Trump in November 2020, ending the court case and the legal wrangling.

In his lawsuit, Flynn maintained his innocence and said he was targeted by the “virulently anti-Trump leadership” of the FBI’s Russia investigation. He contended that investigators pursued him despite knowing there was no evidence of a crime and coerced his guilty plea.

“He was falsely branded as a traitor to his country, lost at least tens of millions of dollars of business opportunities and future lifetime earning potential, was maliciously prosecuted and spent substantial monies in his own defense,” says the lawsuit, adding that Flynn will continue to suffer “mental and emotional pain.”

Tucker and Richer write for the Associated Press.

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Former FBI Director Robert Mueller dies

Robert S. Mueller III, the FBI director who transformed the nation’s premier law enforcement agency into a terrorism-fighting force after the Sept. 11, 2001, attacks and later became special counsel in charge of investigating ties between Russia and Donald Trump’s presidential campaign, has died. He was 81.

“With deep sadness, we are sharing the news that Bob passed away” on Friday night, his family said in a statement Saturday. “His family asks that their privacy be respected.”

President Trump, responding on social media, said: “Robert Mueller just died. Good, I’m glad he’s dead.” He added: “He can no longer hurt innocent people!”

At the FBI, Mueller set about almost immediately overhauling the bureau’s mission to meet the law enforcement needs of the 21st century, beginning his 12-year tenure just one week before the Sept. 11 attacks and serving across presidents of both political parties. He was nominated by Republican President George W. Bush.

The cataclysmic event instantaneously switched the bureau’s top priority from solving domestic crime to preventing terrorism, a shift that imposed an almost impossibly difficult standard on Mueller and the rest of the federal government: Preventing 99 out of 100 terrorist plots wasn’t good enough.

Later, he was special counsel in the Justice Department’s investigation into whether Russia’s attempts to help Trump’s 2016 presidential campaign amounted to illegal cooperation to sway the outcome.

Mueller was a patrician Princeton graduate and Vietnam veteran who walked away from a lucrative midcareer job to stay in public service, and his old-school, buttoned-down style made him an anachronism during a social-media-saturated era.

In a statement, former President Obama called Mueller “one of the finest directors in the history of the FBI” who saved “countless lives” after transforming the bureau. “But it was his relentless commitment to the rule of law and his unwavering belief in our bedrock values that made him one of the most respected public servants of our time,” Obama added.

The FBI did not immediately respond to a request seeking comment. The FBI Agents Assn., a nonprofit advocacy group representing current and former agency employees, lauded Mueller for his “commitment to public service and to the FBI’s mission.“

Investigator of a sitting president

The second-longest-serving director in FBI history, behind only J. Edgar Hoover, Mueller held the job until 2013 after agreeing to Obama’s request to stay on beyond his 10-year term.

After several years in private law practice, Mueller was asked by Deputy Atty. Gen. Rod Rosenstein to return to public service as special counsel in the Trump-Russia inquiry.

Mueller’s stern visage and taciturn demeanor matched the seriousness of the mission, as his team spent nearly two years quietly conducting one of the most consequential, and divisive, investigations in Justice Department history. He held no news conferences and made no public appearances during the investigation, remaining quiet despite attacks from Trump and his supporters and creating an aura of mystery around his work.

All told, Mueller brought criminal charges against six of the president’s associates, including his campaign chairman and first national security advisor.

His 448-page report released in April 2019 identified substantial contacts between the Trump campaign and Russia but did not allege a criminal conspiracy. He laid out damaging details about Trump’s efforts to seize control of the investigation, and even shut it down, though he declined to decide whether Trump had broken the law, in part because of Justice Department policy barring the indictment of a sitting president.

In perhaps the most memorable language of the report, Mueller pointedly noted: “If we had confidence after a thorough investigation of the facts that the president clearly did not commit obstruction of justice, we would so state. Based on the facts and the applicable legal standards, we are unable to reach that judgment.”

The nebulous conclusion did not deliver the knockout punch to the administration that some Trump opponents had hoped for, nor did it trigger a sustained push by House Democrats to impeach the president — though he was later tried and acquitted on impeachment charges related to pressuring Ukraine for campaign dirt on Joe Biden and Trump’s role in the Jan. 6 riot and insurrection.

The outcome of the Mueller investigation also left room for Atty. Gen. William Barr to insert his own views. He and his team made their own determination that Trump did not obstruct justice, and he and Mueller privately tangled over a four-page summary letter from Barr that Mueller argued did not adequately capture his report’s damaging conclusion.

Mueller deflated Democrats during a highly anticipated congressional hearing on his report when he offered terse, one-word answers and appeared hesitant at times in his testimony. Frequently, he seemed to waver on details of his investigation. It was hardly the commanding performance many had expected from Mueller, who had a towering reputation in Washington.

Over the next months, Barr made clear his own disagreements with the foundations of the Russia investigation, moving to dismiss a false-statements prosecution that Mueller had brought against former national security advisor Michael Flynn, even though that investigation ended in a guilty plea.

Mueller’s tenure as special counsel was the capstone of a career spent in government.

A transformation at the FBI

His time as FBI director was defined by the Sept. 11 attacks and their aftermath, as the agency — granted broad new surveillance and national security powers — scrambled to confront an ascendant Al Qaeda, interrupt plots and take terrorists off the street before they could act.

It was a new model of policing for an FBI that had long been accustomed to investigating crimes that had already occurred.

When he became FBI director, “I had expected to focus on areas familiar to me as a prosecutor: drug cases, white-collar criminal cases and violent crime,” Mueller told a group of lawyers in October 2012.

Instead, “we had to focus on long-term, strategic change. We had to enhance our intelligence capabilities and upgrade our technology. We had to build upon strong partnerships and forge new friendships, both here at home and abroad.”

In response, the FBI shifted 2,000 of the total 5,000 agents in the bureau’s criminal programs to national security.

In hindsight, the transformation was a success. At the time, there were problems, and Mueller said as much. In a speech near the end of his tenure, he recalled “those days when we were under attack by the media and being clobbered by Congress; when the attorney general was not at all happy with me.”

Among the issues: The Justice Department’s inspector general found that the FBI circumvented the law to obtain thousands of phone call records for terrorism investigations.

Mueller decided that the FBI would not take part in abusive interrogation techniques of suspected terrorists, but the policy was not effectively communicated down the line for nearly two years.

In an effort to move the FBI into a paperless environment, the bureau spent more than $600 million on two computer systems — one that was 2½ years overdue and a predecessor that was only partly completed and had to be scrapped after consultants declared it obsolete and riddled with problems.

For the nation’s top law enforcement agency, it was a rocky trip through rough terrain.

But there were many successes as well, including thwarted terrorism plots and headline-making criminal cases like the one against corporate fraudster Bernie Madoff. The Republican also cultivated an apolitical reputation on the job, nearly quitting in a clash with the Bush administration over a surveillance program that he and his successor, James B. Comey, considered unlawful.

He famously stood alongside Comey, then deputy attorney general, during a dramatic 2004 hospital standoff over federal wiretapping rules. The two men planted themselves at the bedside of the ailing Atty. Gen. John Ashcroft to block Bush administration officials from making an end run to get Ashcroft’s permission to reauthorize a secret no-warrant wiretapping program.

In an extraordinary vote of confidence, Congress, at the Obama administration’s request, approved a two-year extension for Mueller to remain at his post beyond its 10-year term.

A Marine who served in Vietnam

Mueller was born in New York City and grew up in a well-to-do suburb of Philadelphia.

He received a bachelor’s degree from Princeton University and a master’s degree in international relations from New York University. He then joined the Marines, serving three years as an officer during the Vietnam War. He led a rifle platoon and was awarded a Bronze Star, Purple Heart and two Navy Commendation Medals. After his military service, Mueller earned a law degree from the University of Virginia.

Mueller became a federal prosecutor and relished the work of handling criminal cases. He rose quickly through the ranks in U.S. attorneys’ offices in San Francisco and Boston from 1976 to 1988. Later, as head of the Justice Department’s criminal division in Washington, he oversaw a range of high-profile prosecutions that chalked up victories against targets as varied as Panamanian dictator Manuel Noriega and New York crime boss John Gotti.

In a midcareer switch that shocked colleagues, Mueller left a job at a prestigious Boston law firm to join the homicide division of the U.S. attorney’s office in the nation’s capital. There, he immersed himself as a senior litigator in a bulging caseload of unsolved drug-related homicides in a city rife with violence.

Mueller was driven by a career-long passion for the painstaking work of building successful criminal cases. Even as head of the FBI, he would dig into the details of investigations, some of them major cases but others less so, sometimes surprising agents who suddenly found themselves on the phone with the director.

“The management books will tell you that as the head of an organization, you should focus on the vision,” Mueller once said. But “for me there were and are today those areas where one needs to be substantially personally involved,” especially in regard to “the terrorist threat and the need to know and understand that threat to its roots.”

Two terrorist attacks occurred toward the end of Mueller’s watch: the Boston Marathon bombing and the Ft. Hood shootings in Texas. Both weighed heavily on him, he acknowledged in an interview two weeks before his departure.

“You sit down with victims’ families, you see the pain they go through, and you always wonder whether there isn’t something more” that could have been done, he said.

Tucker writes for the Associated Press. AP writer Nicolas Riccardi in Denver contributed to this report.

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Justice Department subpoenas Comey in Trump conspiracy probe

The Justice Department sent a subpoena to former FBI Director James Comey as part of an investigation into whether former law enforcement and intelligence officials waged a years-long conspiracy against President Trump, according to people familiar with the matter.

The grand jury subpoena was issued last week by the U.S. attorney’s office for the Southern District of Florida, according to the people, who asked not to be identified speaking about an ongoing investigation.

The subpoena seeks information about Comey’s role in putting together an intelligence assessment about Russia’s interference in the 2016 presidential election, according to the people.

The U.S. attorney’s office has previously sent subpoenas to other former U.S. officials. The office is conducting a sweeping investigation into whether former U.S. officials allegedly took actions to sabotage Trump starting in 2016 through his indictment over the handling of classified documents in 2023.

The new subpoena, reported earlier by Axios, marks an escalation of Justice Department efforts targeting Comey in particular, who Trump has repeatedly said should be investigated.

Comey was previously indicted by a grand jury at the request of the U.S. attorney for the Eastern District of Virginia for allegedly lying to senators during a congressional hearing — a claim that Comey has denied. The indictment was dismissed after a federal judge ruled that the U.S. attorney was unlawfully appointed. The Justice Department is appealing the ruling.

A lawyer for Comey declined to comment Thursday. The U.S. attorney’s office in Miami didn’t immediately respond to a request for comment.

Trump and Comey have had a contentious relationship. Trump fired Comey as FBI director in 2017 during his first term as president. Since then, Comey and Trump have publicly criticized each other.

Strohm writes for Bloomberg News.

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Trump administration sues Harvard, saying it violated civil rights law and seeking to recover funds

The Justice Department filed a new lawsuit Friday against Harvard University, saying its leadership failed to address antisemitism on campus, creating grounds for the government to freeze existing grants and seek repayment for grants already paid.

The lawsuit, filed in federal court in Massachusetts, is another salvo in a protracted battle between the administration of President Trump and the elite university.

“The United States cannot and will not tolerate these failures,” the Justice Department wrote in the lawsuit. It asked the court to compel Harvard to comply with federal civil rights law and to help it “recover billions of dollars of taxpayer subsidies awarded to a discriminatory institution.”

The lawsuit also asks a judge to require that Harvard call police to arrest protesters blocking parts of campus and to appoint an “independent outside monitor,” approved by the government, to ensure it complies with court orders.

Harvard did not immediately respond to a request for comment.

The lawsuit comes after negotiations appear to have bogged down in the months-long battle with the Trump administration that has tested the boundaries of the government’s authority over America’s universities. What began as an investigation into campus antisemitism escalated into an all-out feud as the Trump administration slashed more than $2.6 billion in research funding, ended federal contracts and attempted to block Harvard from hosting international students.

In a pair of lawsuits filed by the university, Harvard has said it’s being unfairly penalized for refusing to adopt the administration’s views. A federal judge agreed in December, reversing the funding cuts and calling the antisemitism argument a “smokescreen.”

Ted Mitchell, president of the American Council on Education, a major association of colleges and universities, accused the administration of launching a “full scale, multi-pronged” attack on Harvard. Friday’s lawsuit, he said, is just the latest attempt to pressure Harvard to agree to changes favored by the administration.

“When bullies pound on the table and don’t get they want, they pound again,” Mitchell said.

The Trump administration began investigating allegations of discrimination against Harvard’s Jewish and Israeli students less than two weeks after the president took office. The allegations focus on Harvard’s actions during and after pro-Palestinian demonstrations during the Israel-Hamas war.

Officials concluded Harvard did not adequately address concerns raised about antisemitism that drove some students to conceal their religious skullcaps and avoid classes. During protests of the war, Trump officials said, Harvard permitted students to demonstrate against Israel’s actions in the school library and allowed a pro-Palestinian encampment to remain on campus for 20 days, “in violation of university policy.”

In its lawsuit Friday, the Justice Department also accused Harvard of failing to discipline staff or students who protested or tacitly endorsed the demonstrations, such as by canceling or dismissing classes that conflicted with protests.

“Harvard University has failed to protect its Jewish students from harassment and has allowed discrimination to wreak havoc on its campus,” White House press secretary Liz Huston said Friday on X. “President Trump is committed to ensuring every student can pursue their academic goals in a safe environment.”

Despite their bitter dispute, Harvard and the Trump administration have held some negotiations, and the two sides have reportedly been close to reaching an agreement on multiple occasions. Last year, the administration and the university were reportedly approaching a deal that would have required Harvard to pay $500 million to regain access to federal funding and to end the investigations. Almost a year later, Trump upped that figure to $1 billion, saying that Harvard has been “behaving very badly.”

At the same time, the administration was taking steps in a civil rights investigation that had the potential to jeopardize all of Harvard’s federal funding.

In June, the Trump administration made a formal finding that Harvard tolerated antisemitism.

In a letter sent to Harvard, a federal task force said its investigation had found the university was a “willful participant” in antisemitic harassment of Jewish students and faculty. The task force threatened to refer the case to the Justice Department to file a civil rights lawsuit “as soon as possible,” unless Harvard came into compliance.

When colleges are found in violation of federal civil rights law, they almost always reach compliance through voluntary agreements. When the government determines a resolution can’t be negotiated, it can try to sever federal funding through an administrative process or, as the Trump administration has done, by referring the case to the Justice Department through litigation.

Such an impasse has been extraordinarily rare in recent decades.

Last summer, Harvard responded that it strongly disagreed with the government’s investigative finding and was committed to fighting bias.

“Antisemitism is a serious problem and no matter the context, it is unacceptable,” the university said in a statement. “Harvard has taken substantive, proactive steps to address the root causes of antisemitism in its community.”

In a letter last spring, Harvard President Alan M. Garber told government officials that the school had formed a task force to combat antisemitism, which released a detailed report of what unfolded on campus after Hamas militants stormed Israel on Oct. 7, 2023, killing around 1,200 people and abducting 251 others. Israel retaliated with an offensive that killed tens of thousands of Palestinians and displaced around 90% of Gaza’s population — prompting pro-Palestinian demonstrations at colleges around the country.

After the demonstrations at Harvard, Garber said the university had hired a new provost and new deans and that it had reformed its discipline policies to make them “more consistent, fair and effective.”

Since he took office, Trump has targeted elite universities he believes are overrun by left-wing ideology and antisemitism. His administration has frozen billions of dollars in research grants, which colleges have come to rely on for scientific and medical research.

Several universities have reached agreements with the White House to restore funding. Some deals have included direct payments to the government, including $200 million from Columbia University. Brown University agreed to pay $50 million toward state workforce development groups.

Balingit and Casey write for the Associated Press.

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Democrats storm out of Justice Department leaders’ briefing on the Epstein files

Democratic lawmakers on Wednesday stormed out of a closed-door briefing on the Jeffrey Epstein files by Justice Department leaders, and said they would push to force Atty. Gen. Pam Bondi to answer questions under oath about the case that has plagued the Trump administration.

Bondi and Deputy Atty. Gen. Todd Blanche went to Capitol Hill to try to quell bipartisan frustration over the Justice Department’s handling of millions of files related to Epstein’s sex trafficking investigation.

But less than an hour into the briefing, Democrats walked out in protest of the arrangement and said they would press to enforce a subpoena for Bondi to appear for a sworn deposition next month.

“We want her under oath because we do not trust her,” said Democratic Rep. Maxwell Frost.

Asked by reporters after the briefing whether she would comply with the subpoena, Bondi said, “I made it crystal clear I will follow the law.” She also defended the department’s handling of the Epstein files, saying officials are proud of their work to release millions of documents to the public.

The committee’s Republican chairman, Rep. James Comer, accused Democrats of political grandstanding.

“This for us, for the Republicans, it’s about getting answers,” Comer said after the briefing. “For the Democrats, it’s a political game, and they just demonstrated that today. There’s no reason for them to walk out and clutch their pearls and act like they were offended and outraged.”

Justice Department leaders had hoped the release of documents tied to the disgraced financier would put an end to a political saga that has dogged the president’s second term, but the agency remains consumed by questions and criticism over Epstein’s case and its management of the files. Bondi has accused Democrats of using the furor over the documents to distract from Trump’s political successes, even though some of the most vocal criticism has come from members of the president’s own party.

Five Republicans on the committee voted with Democrats to support the subpoena for Bondi to appear for a deposition on April 14. Lawmakers have accused the Justice Department of withholding too many files and criticized the agency for haphazard redactions that exposed intimate details about victims.

The Justice Department has called the subpoena “completely unnecessary,” noting that members of Congress have been invited to view unredacted files at the Justice Department and that department leaders have made themselves available to answer questions from lawmakers.

The department has sought to assure lawmakers and the public that there has been no effort to shield President Trump, who says he cut ties with Epstein years ago after an earlier friendship, or any other high-profile figures close to Epstein from potential embarrassment. Justice Department leaders have also rejected suggestions that they have ignored victims and insist that while there is no evidence in the files to prosecute anyone else, they remain committed to investigating should new information come forward.

“I’m not trying to defend Epstein — I’m not,” Blanche said in an interview this week with Katie Miller, who is married to top Trump advisor Stephen Miller. “I do defend the work that this department is doing today, right now, which is going after every single perpetrator anyway, and if there is a narrative that exists that we are ignoring Epstein victims, that is false.”

The documents were disclosed under the Epstein Files Transparency Act, the law enacted after months of public and political pressure that requires the government to open its files on the late financier and his confidant and onetime girlfriend, Ghislaine Maxwell. Maxwell, 64, was convicted in December 2021 and sentenced to 20 years in prison for her role over a decade in sexually exploiting and abusing underage girls with Epstein.

Criminal investigations into the financier have long animated online sleuths, conspiracy theorists and others who have suspected government cover-ups and clamored for a full accounting.

After missing a Dec. 19 deadline set by Congress to release all the files, the Justice Department said it tasked hundreds of lawyers with reviewing the records to determine what needed to be redacted, or blacked out. The Justice Department in January said it was releasing more than 3 million pages of documents along with more than 2,000 videos and 180,000 images.

Richer and Groves write for the Associated Press.

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Atty. Gen. Pam Bondi subpoenaed to answer questions from Congress about the Epstein files

Atty. Gen. Pam Bondi was subpoenaed Tuesday to answer questions from Congress about the Justice Department’s sex trafficking investigation of Jeffrey Epstein and the agency’s handling of millions of files related to the disgraced financier.

Bondi was ordered to appear for a deposition on April 14 by the Committee on Oversight and Government Reform after a vote earlier this month that five Republicans supported.

The Justice Department’s failure to fend off the subpoena from the Republican-led committee underscores widespread discontent among President Trump’s own base over Bondi’s management of the review and release of a trove of documents from the criminal investigation into Epstein.

“The Committee has questions regarding the Department of Justice’s handling of the investigation into Jeffrey Epstein and his associates and its compliance with the Epstein Files Transparency Act,” Rep. James Comer, the Republican chairman, said in a letter to Bondi.

“As Attorney General, you are directly responsible for overseeing the Department’s collection, review, and determinations regarding the release of files pursuant to the Epstein Files Transparency Act, and the Committee therefore believes that you possess valuable insight into these efforts,” he wrote.

The department on Tuesday called the subpoena “completely unnecessary.” Bondi and Deputy Atty. Gen. Todd Blanche were expected to provide a private briefing Wednesday to members of the committee.

“Lawmakers have been invited to view the unredacted files for themselves at the Department of Justice, and the Attorney General has always made herself available to speak directly with members of Congress,” the department said in a statement. The agency said it looks forward to “continuing to provide policymakers with the facts.”

The Trump administration has faced constant political headaches since the rollout of the files began in December, with critics accusing the department of hiding certain documents and over-redacting files. In other cases, victims have slammed the department for sloppy redactions that revealed their sensitive information.

The Justice Department has fiercely defended its handling of the Epstein files, saying it worked as quickly and diligently as possible to review and release millions of documents required under the law. The department has denied any accusations that it used redactions to protect certain people or improperly withheld certain materials. And it has said it immediately worked to fix any redaction errors raised by victims.

Richer writes for the Associated Press.

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8 convicted on terror charges in shooting at Texas ICE site

A federal jury Friday convicted nine people — eight on terrorism charges — over a shooting at a Texas immigration facility that federal prosecutors tied to antifa, the decentralized far-left movement that has become a target of the Trump administration.

One person was also found guilty of attempted murder after prosecutors say he opened fire last summer outside the Prairieland Detention Center outside Fort Worth, wounding a police officer. The Justice Department called the violence an attack plotted by antifa operatives, but attorneys for the accused denied that characterization, saying there were no antifa associations and that there was merely a demonstration with fireworks before gunshots broke out.

U.S. District Judge Mark Pittman, an appointee of President Trump, presided over the nearly three-week trial in Fort Worth. It was closely followed by legal experts and critics who called the proceedings a test of the lengths the government can go to punish protesters.

FBI Director Kash Patel had said the case was the first time charges of providing material support to terrorists had targeted people accused of being antifa members.

“Today’s verdict on terrorism charges will not be the last as the Trump administration systematically dismantles Antifa and finally halts their violence on America’s streets,” U.S. Atty. Gen. Pam Bondi said in a statement.

Short for “anti-fascists,” antifa is not an organization but rather an umbrella term for far-left militant groups that confront or resist neo-Nazis and white supremacists at demonstrations.

Protesters denied having antifa ties

Defense attorneys told jurors that there was no plan for violence on July 4 outside the facility in Alvarado.

Of the nine defendants on trial, eight faced the charge of providing material support to terrorists, among other charges. The ninth defendant, Daniel Sanchez Estrada, was charged with corruptly concealing a document and conspiracy to conceal documents. He was found guilty of both.

Sanchez Estrada’s attorney, Christopher Weinbel, said he can’t believe jurors “came to this conclusion.” Weinbel said his client had deployed as a member of the U.S. Army several times and he’d hoped what he sacrificed for the country “meant something.”

“But I feel like it turned its back on justice with this. … The U.S. lost today with this verdict,” Weinbel said.

Prosecutor Shawn Smith told jurors during closing arguments that the group’s actions — including bringing firearms and first aid kits and wearing body armor — were all signs of nefarious intent. He said they practiced “antifa tactics” and were “obsessed with operational security.”

Attorneys for the defendants have said that there was no planned ambush and that protesters who brought firearms did so for their own protection — in a state with very lenient gun laws.

A test of 1st Amendment rights

The terrorism charges followed Trump’s order last fall to designate antifa as a domestic terrorist organization. Those charges did not require a tie to any organization, and there is no domestic equivalent to the State Department’s list of foreign terrorist organizations. That’s in part because organizations operating within the United States are protected by broad 1st Amendment rights.

Critics of the Justice Department’s case have said the outcome could have wide-reaching effects on protests.

“That opposition is something that the government wants to squash, so a case like this helps the government kind of see how far they can go in criminalizing constitutionally protected protests and also helps them kind of intimidate, increase the fear, hoping that folks in other cities then will think twice over protesting,” said Suzanne Adely, interim president of the National Lawyers Guild, a progressive legal group.

Trial focused on shots fired

Attorneys for the defendants have said most protesters began leaving when two guards from the center came outside. That was before any shots were fired.

Prosecutors said Benjamin Song, a former Marine Corps reservist, yelled, “Get to the rifles,” and opened fire, striking one police officer who had just pulled up to the center.

Though it was Song who opened fire, prosecutors charged several other protesters with attempted murder of an officer and discharging a firearm, but they were found not guilty. The prosecution had argued that from the group’s planning, it was foreseeable to those others that a shooting could happen.

The officer who was shot, Alvarado Police Lt. Thomas Gross, testified that when responding to the scene he saw a person clad in all-black with their face covered and carrying a rifle. He told jurors he was shot with a round that went into his shoulder and out of his neck.

Song’s attorney, Phillip Hayes, told jurors during closing arguments that there wasn’t a call to arms before Gross arrived on the scene and “aggressively” pulled out his firearm. Hayes suggested that Song’s shots were “suppressive fire” and that a ricochet bullet hit the officer.

Leading up to the trial, several people pleaded guilty to providing material support to terrorists after being accused of supporting antifa. They face up to 15 years in prison at sentencing.

Some of them testified for the prosecution, including Seth Sikes, who said he went to the detention center because he wanted to bring some joy to those held inside.

“I felt like I was doing the right thing,” he said.

Stengle writes for the Associated Press. AP writer Jim Vertuno in Austin, Texas, contributed to this report.

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California attorney general vows to scrutinize Paramount/Warner deal

California Atty. Gen. Rob Bonta called out the federal government for largely vacating its role as antitrust regulator, saying it’s now up to California and other states to look out for consumers’ interests.

Bonta, the state’s top law enforcement officer, spoke Thursday at a Capitol Forum conference in Beverly Hills on antitrust issues and the future of Hollywood. His appearance came just days after the U.S. Department of Justice settled its case against Live Nation and Ticketmaster a week into a high-stakes trial, leaving state attorneys general to try to continue to fight that battle on their own.

The Justice Department’s about-face revealed a major fracture in antitrust enforcement. State attorneys general — particularly in Democratic-controlled states — say their role is becoming increasingly important to challenge alleged anti-competitive behavior.

President Trump has “abdicated the federal administration’s responsibilities to hold big corporations accountable to the law and protect a competitive marketplace,” Bonta said.

Bonta’s appearance comes as another major Hollywood merger appears to be sailing through its federal review with Trump’s tacit approval: Paramount Skydance’s proposed $110-billion deal for Warner Bros. Discovery.

The merger, announced late last month, has rattled Hollywood unions and some antitrust experts. It would combine legendary film studios, robust television production units and two prominent news organizations, CBS News and CNN, as well as dozens of cable channels.

“Paramount and Warner Bros. haven’t cleared regulatory scrutiny,” Bonta said. “My office has an open investigation into [the deal] and we intend to be vigorous in our review.”

California could bring its own lawsuit to block Paramount’s takeover, or join with other state attorney generals to launch legal proceedings to try thwart the deal or extract concessions — even if the Justice Department ultimately clears David Ellison’s deal.

Bonta outlined various concerns, including a continued contraction of Hollywood’s labor market, the consolidation of streaming services — Paramount+, HBO Max, Pluto and Discovery+ — and potentially higher prices and lower wages.

“There’s no industry as iconically California as the entertainment industry,” Bonta said. “It’s baked into California’s DNA.”

California Attorney General Rob Bonta. (Paul Kuroda / For The Times)

California Attorney General Rob Bonta vowed to drill into Paramount Skydance’s proposed takeover of Warner Bros. Discovery.

(Paul Kuroda/For The Times)

Paramount filed for Justice Department approval in December .

The maneuver started the regulatory review clock. And last month a key deadline for the Justice Department to raise concerns about Paramount’s proposed acquisition of Warner passed without comment from Washington.

Paramount has said it could finalize its deal by the end of September.

The architect of Paramount’s strategy, Chief Legal Officer Makan Delrahim, delivered his own keynote address, stressing the Ellison-family’s acquisition of Warner Bros. would not reduce competition and instead would be “a huge win for the creative community.”

“Paramount’s transaction with Warners is an opportunity to expand output, to grow the number of movies, shows and other content we are offering to the consumer,” Delrahim said, adding that will result in “more job opportunities,” including in Southern California, which is reeling from a production flight to other states and countries.

Delrahim conceded that Paramount was driven to buy Warner Bros. — it prevailed after Netflix bowed out — because Paramount is not big enough to compete in an industry dominated by technology giants.

He criticized the proposed Netflix deal, saying he doubted it would have passed regulatory muster due to Netflix’s strength in the streaming market.

Paramount still needs to win the support of Warner shareholders, and also gain regulatory approvals from the Justice Department, state attorney generals and overseas governments.

“This deal is a big win for Los Angeles, for California and for all communities that embrace filmmaking,” Delrahim said.

Tech mogul Larry Ellison has personally guaranteed the $45.7-billion in equity needed for the transaction . The company would have to take on more than $60-billion in debt — raising concerns among Hollywood workers about large-scale cost-cuts and layoffs.

“What is Paramount doing is …paying $110 billion to take out a rival,” said attorney Ethan E. Litwin, a former lawyer for TV networks, who also spoke at the conference. “When you take out a major rival in a highly concentrated industry … you are taking out competitors for projects. “

Bonta declined to say whether he would try to stop the Paramount-Warner merger.

Progressive State Leaders Committee, an affiliate of the Democratic Attorneys General Association, in December hired Rohit Chopra, a former director of the Consumer Financial Protection Bureau and former commissioner on the Federal Trade Commission, as a senior advisor. He will help coordinate efforts as the group, including Bonta, wages antirust enforcement battles.

“The federal government is just not enforcing the law,” Chopra said during Thursday’s conference. “Our states are really the last line of defense.”

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Column: Trump’s recklessness endangers the nation

President Trump was uncommonly lucky in his first term, neither inheriting nor provoking a crisis of the sort that tests U.S. presidents, until COVID struck in his final 10 months. (He failed that test, contributing to his 2020 reelection defeat.) Trump 1.0 was bequeathed a growing economy from President Obama, and the incoming president assembled a roster of capable advisors who often acted to prevent him from doing nutty things at home and abroad.

Trump 2.0 made sure that no such human guardrails populated his second Cabinet, only genuflecting enablers. Unrestrained, he has presided over one crisis on top of another, all of his own making. Tariff mayhem and high prices. Armed agents and troops in American cities. Repeated violations of court orders. Demolition at federal agencies and the White House.

And now Trump has taken the nation to war against Iran in league with Israel’s Benjamin Netanyahu. Depending on the moment and the audience, a contradictory Trump is either claiming the war is “very complete” or that much remains to be done to “decimate” Iran. On Wednesday he blithely told Axios, “Any time I want it to end, it will end,” even as U.S. officials planned further actions.

In any case, Trump’s war of choice and the killing of the supreme leader of Iran’s terroristic theocracy now has spawned another potential crisis, counterterrorism experts warn: the risks of retaliatory terrorist threats at home. And that is a threat, whether from homegrown extremists or sleeper cells of the sort that came alive for 9/11, that is likely greater because of the initial self-induced crisis of Trump’s second term: his whacking of the federal government.

Trump authorized Elon Musk’s destruction of the bureaucracy in the name of “government efficiency” and continues to exact retribution against any federal employee who had anything to do with investigating and prosecuting him during his interregnum. Longtime agents and operatives have been eliminated at the FBI, Justice Department, Department of Homeland Security, CIA and elsewhere. Especially at the FBI, counterterrorism experts with centuries of collective experience are gone and many who remain have been diverted to Trump’s top priority: mass deportations.

Consequently, the president who promised to “Make America Safe Again” has arguably made Americans less safe.

I raised this scary prospect just over a year ago as Trump’s teardown of the purported Deep State was underway. And now a Mideast war that Trump promised never to start has further incentivized Iran and its jihadi proxies to hit back, just as he’s diminished the nation’s early-warning systems.

Enough intelligence remains, however, that even in the days before Trump ordered the first strikes against Tehran, government analysts were picking up “worrisome signs” of Iranian plotting against U.S. targets, the New York Times reported. After the U.S.-Israel onslaught and death of Ayatollah Ali Khamenei on Feb. 28, the government intercepted a possible Iranian “operational trigger” to “sleeper assets” outside Iran, according to ABC News.

Counterterrorism expert Colin P. Clarke, executive director of the Soufan Center, which focuses on global security and transnational terrorism, wrote this week in the Atlantic that U.S. agencies’ record of disrupting Iranian-backed plots in America was in jeopardy given the recent changes in funding, personnel and priorities. “Because of this,” he concluded, “the U.S. homeland is arguably more vulnerable than it has been in a long time.”

In a follow-up exchange of emails, Clarke told me, “Many of this administration’s moves have been myopic — shifting counterterrorism resources to immigration, firing FBI agents working counterintelligence, etc. A week before the U.S. went to war with Iran, the FBI Director Kash Patel was off gallivanting in Milan at the Olympics [where he struggled to chug a Michelob Ultra, a firing offense in its own right] when he should have been preparing for the potential for an Iranian response on U.S. soil.”

Patel’s preposterous partying with the U.S. men’s hockey team while war-planning was underway in Washington was widely, justifiably mocked. But it stands as a metaphor for the entire Trump administration’s cavalier attitude toward homeland security. Its abusive focus on both migrants and citizens protesting on the migrants’ behalf is a distraction from actual threats to the country.

Patel, like his boss at the Justice Department, Atty. Gen. Pam Bondi, has made plain in words and actions that the president’s political enemies are the real public enemies No. 1. One of Bondi’s first acts was creation of a “weaponization working group” to identify, fire or prosecute those in her department who’d investigated and prosecuted Trump, many of whom also had experience in domestic and transnational terrorism. The association representing FBI agents called her purges “dangerous distractions” from the work “to make America safe again.”

Days after starting the Iran war, when homeland security should have been on red alert, Trump fired his secretary of Homeland Security, Kristi Noem. Her costly cosplaying as the homeland’s heroine on horseback in anti-migrant videos, along with her penchant for luxury jets allegedly to transport deportees, was too much even for him.

Yet all three “national security” officials — Noem, Bondi and Patel — simply reflect Trump’s own warped approach and blasé attitude toward the homefront.

When Time magazine last week asked the commander in chief whether Americans should be worried about potential terrorist strikes at home, he replied, “I guess.”

“We plan for it,” he added. “But yeah, you know, we expect some things. Like I said, some people will die. When you go to war, some people will die.”

The administration is planning for it all right. An extraordinary number of senior Trump officials have taken up residence in houses on military bases, including Bondi, Noem, the secretaries of State and Defense, Marco Rubio and Pete Hegseth, and White House consigliere Stephen Miller.

The rest of us just have to keep our fingers crossed. I guess.

Bluesky: @jackiecalmes
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Smartmatic says Trump’s ‘campaign of retribution’ is driving criminal prosecution

Voting technology firm Smartmatic is seeking to dismiss a criminal indictment for money laundering, blaming President Trump and his allies for seeking its prosecution as part of a “campaign of retribution” against those they blame for his 2020 election loss.

Smartmatic’s parent company, UK-based SGO Corporation, was added to a criminal indictment last fall previously charging several executives with paying $1 million in bribes to election officials in the Philippines.

In a motion to dismiss the indictment filed Tuesday, attorneys for Smartmatic said the company had been cooperating with the Justice Department since it first learned of its investigation in 2021, including by producing millions of pages of documents and making presentations to federal agents. A trial date for the executives, including co-founder Roger Pinate, had been set and the company believed that it was in the clear.

But when Trump returned to the White House, the Justice Department reversed course and decided to press charges against Smartmatic. Attorneys for the company said the decision was prompted by Trump’s demands to prosecute his perceived enemies and his “mantra” that Smartmatic helped rig the 2020 U.S. presidential election won by Joe Biden — allegations that are at the heart of a $2.7-billion lawsuit filed by Smartmatic against the president’s allies in the media.

“The prosecution of SGO furthers their collective false narrative that President Trump did not actually lose the 2020 election,” Smartmatic said in the filing in Miami federal court.

The White House did not immediately respond to a request for comment.

Attorneys likened the prosecution to the Justice Department’s targeting of Kilmar Armando Ábrego García, a Salvadoran migrant who was criminally charged for conduct years earlier after he successfully sued the Trump administration over its decision to deport him.

In the years since the election, the filing states, “Smartmatic USA has exercised its right to hold those individuals and entities legally accountable for their deluge of defamatory statements and the attendant damage inflicts on its business, putting it squarely in the crosshairs for retribution.”

The criminal case against Smartmatic and its employees stems from payments, between 2015 and 2018, that were allegedly made to obtain a contract with the Philippine government to help run that country’s 2016 presidential election. Pinate, who no longer works for Smartmatic but remains a shareholder, has pleaded not guilty.

As part of the criminal case, prosecutors in August sought the court’s permission to introduce evidence they argue shows that revenue from a $300-million contract with Los Angeles County to help modernize its voting systems was diverted to a “ slush fund” controlled by Pinate through the use of overseas shell companies, fake invoices and other means.

They also accused Pinate of secretly bribing Venezuela’s longtime election chief by giving her a luxury home with a pool in Caracas. Prosecutors say the home was transferred to the election chief in an attempt to repair relations following Smartmatic’s abrupt exit from Venezuela in 2017 when it accused then-President Nicolas Maduro ’s government of manipulating tallied results in elections for a rubber-stamping constituent assembly.

Smartmatic was founded more than two decades ago by a group of Venezuelans who found early success running elections while the late Hugo Chavez, a devotee of electronic voting, was in power. The company later expanded globally, providing voting machines and other technology to help carry out elections in 25 countries, from Argentina to Zambia.

But Smartmatic has said its business tanked after Fox News gave Trump’s lawyers a platform to paint the company as part of a conspiracy to steal the 2020 election.

Fox said it was legitimately reporting on newsworthy events but eventually aired a piece refuting the allegations after Smartmatic’s lawyers complained. Nonetheless, it has aggressively defended itself against the defamation lawsuit in New York — arguing that the company was facing imminent collapse over its own internal misconduct, not due to any negative coverage.

Goodman writes for the Associated Press.

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CBS News Justice correspondent Scott MacFarlane exits network

Scott MacFarlane, a high-profile hire for CBS News five years ago, announced Monday he is leaving the network.

MacFarlane told colleagues in an email that the departure is his decision.

“I will always value the opportunity I had to work alongside the talented and committed professionals here,” MacFarlane said. “I’m proud to have had the words ‘CBS correspondent’ next to my name and always will be.”

MacFarlane added that he looks forward to “some independence and finding new spaces to share my work in line with my personal goals.”

MacFarlane is the first significant name to depart CBS News since parent company Paramount won its bid to acquire Warner Bros. Discovery on Feb. 27. CBS News is likely to be combined with Warner Bros. Discovery‘s CNN if the deal gets regulatory approval.

Journalists at CBS News have also been concerned over the moves by Bari Weiss, the contrarian opinion writer and founder of the digital news site the Free Press who was brought in as editor in chief of the division. Weiss was recruited by Paramount Chief Executive David Ellison with a mandate to move CBS News to the political center.

Weiss is expected to make significant changes to “60 Minutes” and other CBS News programs in the coming months.

Executives at other TV news organizations say privately that they are seeing a heavy influx of resumes from CBS News journalists due to the upheaval at the company.

MacFarlane covered Congress and the Justice Department. CBS viewers saw him featured during extended network coverage of the State of the Union addresses and election nights.

MacFarlane was in Butler, Pa., during the assassination attempt of President Trump in July 2024. He reported the first accounts of the shooting scene and emergency responses moments after the shots were fired.

Before arriving at CBS News, MacFarlane served for eight years as an investigative reporter for WRC-TV, the NBC station in Washington, D.C.

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