The indictments of President Donald Trump’s political foes after he publicly called on Attorney General Pam Bondi to prosecute his perceived enemies raise a chilling question: If the Justice Department is little more than a president’s lapdog, is anyone in America ultimately safe from his clutches?
There is one obvious legal defense for former FBI Director James Comey, New York Attorney General Letitia James or anyone else targeted by the Justice Department following Trump’s instruction: claiming vindictive or selective prosecution, which could lead judges to dismiss the cases entirely. Historically, these claims rarely work. But Trump’s behavior is so beyond the pale, it could actually help those he targets.
There’s one group of prosecutors in the United States with extensive experience dealing with claims of selective and vindictive prosecutions — those who worked cases emerging from the Jan. 6, 2021, insurrection at the Capitol. Before Trump pardoned them on his first day back in office, insurrectionists repeatedly and unsuccessfully claimed they were persecuted political prisoners.
Alexis Loeb, a former assistant U.S. attorney, said those claims failed because during her time at the Biden-era Justice Department, there was “zero pressure” from on high to prosecute anyone for the “wrong reasons.”
