All Aboard the Retribution Train

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President Trump is escalating his efforts to use the DOJ as an instrument of vengeance, using loyal appointees and dubious legal maneuvers to tilt the system—undermining the courts and the rule of law.

The recent announcement that octogenarian Joe diGenova has been called out of obscurity to lead the South Florida-based legal jihad against former Director of the Central Intelligence Agency John Brennan, former Director of National Intelligence James Clapper, and other enemies of President Trump shows that the firing of Pam Bondi has done nothing to derail the Department of Justice Retribution Train, which continues to rumble on. DiGenova replaces a veteran prosecutor who was removed from the team, reportedly because she was having trouble identifying a crime in the sprawling Grand Conspiracy Investigation. In what appears to be an ongoing application to be nominated as Attorney General, Todd Blanche continues the criminal pursuit of a broad array of enemies identified by the President, regardless of any evidence of wrongdoing.

DiGenova, an election denier and conspiracy theorist with ties to Rudy Giuliani and a gaggle of corrupt pro-Russian Ukrainians, is a perfect Counselor to the (acting) Attorney General to represent the Grand Conspiracy Investigation being led by Jason Quinones and his handpicked team before federal district court judge Aileen Cannon. Cannon, of course, gained notoriety for her consistently overturned rulings in favor of defendant Donald Trump in the classified documents case. She continues to protect Trump by permanently blocking the release of Special Counsel Jack Smith’s report detailing his investigation into Trump’s mishandling of classified documents. As the only federal judge for Fort Pierce, Florida, she is now in a position to oversee a criminal investigation into those who had the very difficult task of addressing Russia’s extensive and well-documented efforts to influence the 2016 election. It is not clear what crimes will be presented to the Fort Pierce grand jury being supervised by Judge Cannon; on the other hand, it is hard to imagine what Fort Pierce has to do with a criminal investigation into Russia’s interference in the 2016 election other than the Department of Justice’s ability to select a judge who consistently has shown her pro-Trump bona fides to hear a case that the President has demanded as part of his retribution campaign.

Unlike the district court judges in Virginia who oversaw the failed efforts to indict James Comey and Leticia James, Judge Cannon is unlikely to let the law get in the way of allowing an indictment against President Trump’s perceived enemies. Given US Attorney Jeanine Pirro’s lack of success in indicting Senators Mark Kelly and Elissa Slotkin and four House members for publicly stating the law (i.e. that military members must not follow illegal orders) and her difficulty in indicting Jerome Powell for the crime of not lowering interests rates as demanded by the President, it might make sense for Ms. Pirro to seek a transfer to Judge Cannon’s jurisdiction.

In addition to Joe diGenova’s return to public life, DNI Tulsi Gabbard also came out of obscurity long enough to announce that she had made a criminal referral related to the infamous “perfect phone call” that led to the first Trump impeachment. The targets, incredibly but not surprisingly, are the Ukraine impeachment whistleblower and the former Inspector General who dealt with the complaint in a professional manner. This level of criminal justice weaponization is simply unprecedented.

This is the second time that Gabbard has released documents that she claims show criminal behavior, when in fact they do not live up to the hype. Readers may recall that last summer, Gabbard also released a series of documents with a breathless press release claiming a “treasonous conspiracy” by President Obama and his intelligence team to sabotage Donald Trump. Sadly for conspiracy theorists (and also likely for the Grand Conspiracy Investigation gang), a reading of the documents indicates no such thing. If anything, these documents underscore the extraordinary care that was taken by the interagency working group that dealt with Russia’s 2016 election interference, and the professionalism of the Intelligence Community Assessment.

There are several explanations for Gabbard’s actions. First and foremost, she is reportedly on thin ice with the White House (particularly after the resignation of her hand-picked head of the National Counterterrorism Center over his opposition to the Iran war), and needs to demonstrate fealty.

Of greater importance, she is sending a message that is intended to intimidate current Intelligence Community officers throughout the IC: provide honest intelligence assessments that contradict what the White House wants to hear, and you will be fired. Dare to report wrongdoing or illegal actions, no matter how egregious, and you will be referred to Todd Blanche’s Department of Justice and may well be criminally investigated. In other words, follow the law and do the right thing, and the Retribution Train just might be making a stop at your doorstep.

James Petrila spent over thirty years as a lawyer in the Intelligence Community, working at the National Security Agency and, for most of his career,at the Central Intelligence Agency. He has taught courses on counterterrorism law and legal issues at the CIA at the George Washington University School of Law. He is currently a senior advisor to the Institute for the Study of States of Exception and is a member of The Steady State.

All statements of fact, opinion, or analysis expressed are those of the author and do not reflect the official positions or views of the US Government. Nothing in the contents should be construed as asserting or implying US Government authentication of information or endorsement of the author’s views.

Founded in 2016, The Steady State is a nonprofit 501(c)(4) organization of more than 400 former senior national security professionals. Our membership includes former officials from the CIA, FBI, Department of State, Department of Defense, and Department of Homeland Security. Drawing on deep expertise across national security disciplines, including intelligence, diplomacy, military affairs, and law, we advocate for constitutional democracy, the rule of law, and the preservation of America’s national security institutions.