One of the oddest occurrences in the Trump administration’s handling of the
Jeffrey Epstein imbroglio was the trip that Todd Blanche, the deputy attorney
general, took in July to Tallahassee, Florida, to meet with Ghislaine Maxwell,
who’s serving a 20-year sentence for procuring underage girls, some as young as
14, for Epstein to sexually abuse. Prior to being nominated by Trump to the No.
2 position in the Justice Department, Blanche was Trump’s criminal attorney in
the porn-star-hush-money-forged-business-records case in New York, in which
Trump was convicted of 34 felony counts.
Blanche never provided a compelling explanation for this unprecedented act. Why
was Trump’s former personal lawyer and a top Justice Department official meeting
with a sex offender whom the US government had previously assailed for her
“willingness to lie brazenly under oath about her conduct”? Legal observers
scratched their heads over this. Months later, Blanche said, “The point of the
interview was to allow her to speak, which nobody had done before.” That didn’t
make much sense. How often does the deputy attorney general fly 900 miles to
afford a convicted sex offender a chance to chat? It was as if Blanche was
trying to create fodder for conspiracy theorists.
What made all this even stranger is that after their tete-a-tete, Maxwell was
transferred to a minimum-security, women-only, federal prison camp in Bryan,
Texas, that houses mainly nonviolent offenders and white collar crooks. This
facility—home to disgraced Theranos founder Elizabeth Holmes and Real Housewives
of Salt Lake City star and fraduster Jen Shah—is a much cushier facility than
the co-ed Tallahassee prison.
When the transfer was first reported in August, the Bureau of Prisons refused to
explain the reason for the move, which Epstein abuse survivors protested. So I
filed a Freedom of Information Act request with the BOP asking for information
related to this relocation. Specifically:
> all records mentioning or referencing Maxwell’s transfer to Federal Prison
> Camp Byran. This includes emails, memoranda, transfer orders, phone messages,
> texts, electronic chats, and any other communications, whether internal to BOP
> or between BOP personnel and any other governmental or nongovernmental
> personnel
Guess what? The BOP did not jump to and provide the information. After a
months-long delay, the agency noted it would take up to nine months to fulfill
this request.
We are suing. That is, the Reporters Committee for Freedom of the Press, a
nonprofit that provides pro bono legal assistance to journalists, today filed a
lawsuit in federal district court in Washington, DC, on behalf of the Center for
Investigative Reporting (which publishes Mother Jones), to compel the BOP to
provide the relevant records. The filing notes that the BOP violated the Freedom
of Information Act by initially failing to respond in a timely manner.
We’re not the only ones after this information. In August, Sen. Sheldon
Whitehouse (D-R.I.) sent a letter to William Marshall III, the BOP director,
requesting similar material. “Against the backdrop of the political scandal
arising from President Trump’s relationship with Jeffrey Epstein, Ms.Maxwell’s
abrupt transfer raises questions about whether she has been given special
treatment in exchange for political favors,” he wrote. Whitehouse asked for a
response within three weeks. He received no reply—and, along with Sens. Richard
Blumenthal (D-Conn.) and Adam Schiff (D-Calif.), filed a FOIA request.
In November, a whistleblower notified Democrats on the House Judiciary Committee
that at Camp Bryan Maxwell was receiving preferential treatment that included
customized meals brought to her cell, private meetings with visitors (who were
permitted to bring in computers), email services through the warden’s office,
after-hours use of the prison gym, and access to a puppy (that was being trained
as a service dog). That month, Rep. Jamie Raskin (D-Md.), the senior Democrat on
the committee, wrote Trump requesting that Blanche appear before the committee
to answer questions about Maxwell’s treatment. That has not happened.
Given the intense public interest in the Epstein case—and the scrutiny it
deserves—there ought to be no need to go to court to obtain this information
about Maxwell. But with Trump’s Justice Department brazenly violating the
Epstein Files Transparency Act, which mandated a release of the federal
government’s Epstein records by December 19 (by which time only 1 percent of the
cache had been made public), it’s no shocker that the Bureau of Prisons has not
been more forthcoming regarding Maxwell’s prison upgrade.
Our in-house counsel, Victoria Baranetsky, says, “At a time when public trust in
institutions is fragile, FOIA remains essential. Our lawsuit seeks to enforce
the public’s right to know and to ensure that the government lives up to its
obligation of transparency.” And Gunita Singh, a staff attorney for RCFP notes,
“We’re proud to represent CIR and look forward to enforcing FOIA’s transparency
mandate with respect to the actions of law enforcement in this matter.”
When might we get anything out of BOP? No idea. But we’ll keep you posted, and
you can keep track of the case at this page.
Tag - Justice Department
On Friday, the Trump-controlled Justice Department was mandated by a nearly
unanimous act of Congress to release all government files related to Jeffrey
Epstein and his crimes.
> “What are they protecting?”
But the government has made just a portion of its holdings publically available,
and among the 13,000 documents released, some are extensively or virtually
totally redacted. While the law permits withholding information to protect
victims, obscured portions include the names and faces of numerous Epstein
associates, despite the law’s dictate that nothing be withheld “on the basis of
embarrassment, reputational harm, or political sensitivity…to any government
official [or] public figure.”
According to Rep. Thomas Massie, the Kentucky Republican who broke with his
party to champion the Epstein Files Transparency Act, what the government has so
far provided “grossly fails to comply with both the spirit and the letter of the
law.”
Epstein’s victims have similar complaints. “They are proving everything we have
been saying about corruption and delayed justice,” Jess Michaels told the New
York Times. “What are they protecting? The coverup continues.”
The release is being overseen by Deputy Attorney General Todd Blanche, the
president’s former personal defense attorney, who represented him in the
criminal case related to Trump’s attempt to coverup his affair with Stormy
Daniels, the adult film star. Blanche has said that the Justice Department
remains at work preparing more files for disclosure in the “coming weeks,” in
apparent violation of Friday’s deadline.
The law requires the department to prepare a report to Congress justifying any
documents or names it may withhold, and submit it with 15 days of the
“completion of the release.” But Massie and Rep. Ro Khanna, the Silicon Valley
Democrat who moved the bill forward with the help of a handful of GOP
colleagues, aren’t waiting to begin discussing how to bring about legal
consequences for Trump officials who have or may still be violating their law
requiring disclosure.
“The Justice Department’s document dump,” Khanna said in an online video, “does
not comply… Pam Bondi has obfuscated for months.” He suggested that Congress
consider impeaching officials or holding them in inherent contempt. “Attorney
General Pam Bondi is withholding specific documents that the law required her to
release by today,” Massie posted, pointedly adding that prosecutors in a future
administration could eventually “convict the current AG” for breaking their law.
Friday’s release included many photos of Bill Clinton, a former president, but
little new information on the current one. While Trump has variously claimed
that he and Epstein “did not socialize together,” that “there was no
relationship” between them, and that he “was not a fan of his,” this week a
Times investigation found that “the two men forged a bond intense enough to
leave others who knew them with the impression that they were each other’s
closest friend.”
It was National Voter Registration Day, and Maine Secretary of State Shenna
Bellows was on her way to a small liberal arts college for a voter registration
event. That’s when she learned the US Department of Justice was suing her over
how she manages Maine’s voter registrant list.
While the DOJ appearing as the official plaintiff was new, what the federal
government sought through the lawsuit—access to Maine’s complete, unredacted
voter roll file—was not.
Bellows, a spunky, no-nonsense 50-year-old who grew up in a log cabin without
running water, already had received a litany of demand letters, public records
requests, and lawsuits throughout her five years serving as the top election
integrity official in Maine. Citing the National Voter Registration Act, most of
the requests for the state’s voter data had the ostensible aim of ensuring Maine
was adequately removing the names of individuals who should not be on the voter
roll. But this lawsuit was the first of its kind from the government itself.
The September legal complaint was an escalation of a yearslong coordinated
effort by conservatives to obtain voter roll data from numerous states, compare
it to incomplete datasets they’d found on the commercial market, then attest
that mismatches between the two are clear evidence of people illegally voting.
The apparent goal: buttressing decadeslong, though still unproven, claims of
rampant voter fraud and removing allegedly ineligible voters from the rolls,
with potentially dire consequences for future elections.
In the past, these sorts of legal gambits came from right-wing groups like the
America First Policy Institute, a Trump-aligned think tank co-founded by Brooke
Rollins, now the secretary of agriculture; the Dhillon Law Group, whose founder,
Harmeet Dhillon, is now the assistant attorney general for civil rights at the
DOJ; and the Public Interest Legal Foundation (PILF), a conservative legal group
whose former counsel, Maureen Riordan, now leads the DOJ’s voting section.
Riordan and Dhillon remain in the same line of business, citing familiar
statutes in their barrage of new lawsuits against state election officials like
Bellows; the key difference now is that they are promoting their routinely
debunked theories from within the US government. Specifically, from the highest
law enforcement agency in the country.
> “The election deniers are now ascendant in the federal government.”
“The election deniers are now ascendant in the federal government,” says
Bellows, who spent eight years as the executive director of the Maine ACLU
before assuming her current post. “These requests are not unlike the requests
that the organizations they used to be affiliated with have asked for years.”
But unlike conservative legal organizations, she adds, “the Department of
Justice has the power to investigate, prosecute, and place people in jail.”
Riordan and Dhillon have been pursuing Maine’s voter information since July,
when the voting section of the DOJ’s Civil Rights Division sent Bellows a letter
requesting the state’s unredacted registration list. Bellows wrote a careful
response referencing federal court opinions and state statutes that preclude her
from sharing the voter roll without appropriate redactions. In return, the DOJ
sent her another threatening letter, followed by the ironically timed lawsuit on
National Voter Registration Day.
Maine isn’t the only state the DOJ contacted. Over the last six months, it has
demanded full, unredacted voter rolls from dozens of states in an effort to
create the federal government’s first-ever national database of registered
voters, accompanied by their private information: party affiliation, voting
history, Social Security numbers, driver’s license information, even physical
characteristics. The DOJ has formally sued 14 states for the data so far, 12 of
which are led by Democrats. (The sole exceptions are Vermont, which has a
Republican governor but is otherwise deeply blue, and New Hampshire, where
Republican Gov. Kelly Ayotte has publicly disagreed with President Donald
Trump’s plan to redraw congressional maps in advance of the midterms to give
Republicans more seats.) Bellows believes Maine was among the first two states
to be sued “because of animus”—also known as old-fashioned retribution.
The Justice Department already has tried to retaliate against Trump’s political
enemies, such as former FBI Director James Comey, who investigated ties between
Russia and Trump’s 2016 presidential campaign, and New York Attorney General
Letitia James, who sued Trump over allegations that he inflated the value of his
real estate holdings. (A federal judge recently dismissed both indictments,
ruling that the prosecutor who brought the charges had been unlawfully
appointed. The DOJ is reportedly weighing whether to re-indict them.) Bellows,
though lesser known, is likely on the administration’s radar for other reasons,
too. Citing the 14th Amendment’s clause barring officials who “engage in”
insurrection from holding future office, she attempted to remove Trump from
Maine’s 2024 presidential ballot based on his connection to the January 6, 2021,
attack on the US Capitol.
But Bellows, who is now running for governor, may not be the only one harmed by
the DOJ data grab and the spurious claims supporting it. In 2024, crude analyses
of voter roll data by right wingers led election officials in Waterford
Township, Michigan, and Virginia to remove duly registered voters from the
rolls.
So far, challenges like these have taken place on a much smaller scale: state by
state or even county by county. The DOJ’s current effort to assemble every
state’s voter data poses an exponentially larger threat to voting rights. More
than a dozen state election officials, former DOJ staff, and election experts
told Mother Jones that a national database of voter registration information
could lead to massive data breaches of Americans’ private information and
reinforce false narratives about the frequency of voter fraud—narratives Trump
and his allies could weaponize to challenge election outcomes. Worse yet, the
bad data could give Republican-led states cover to illegally cull eligible
voters from their rolls, stopping certain people from voting at all.
“These unprecedented demands for vast amounts of voter data are part of a larger
pattern of actions indicating a reckless grab for power over American
elections,” Bellows says.
It could also lead to a vast expansion of the number of citizens who appear on
Trump’s hit list—one that, depending on your personal data, may soon include
you.
The right-wing campaign to weaponize the DOJ’s Civil Rights Division, which
former Attorney General Eric Holder once called the “crown jewel” of the
department, dates back more than two decades.
After the election of President George W. Bush in 2000, National Review called
for a radical restructuring of the division. “There may be no part of the
federal government where liberalism is more deeply entrenched,” wrote national
correspondent John J. Miller. “Republicans should work to gain more control over
the civil rights division and its renegade lawyers.”
> “My tentative plans are to gerrymander all of those crazy libs right out of
> the section.”
And a year later, that’s precisely what they did. Attorney General John Ashcroft
tapped Brad Schlozman, a Kansas-based lawyer with no prior civil rights
litigation experience, as deputy assistant attorney general for civil rights.
His responsibilities included overseeing hiring and supervision for the
division’s voting section, which enforces the Voting Rights Act and other
federal voting laws. Schlozman did little to hide his disdain for the section he
now led. “My tentative plans are to gerrymander all of those crazy libs right
out of the section,” he wrote to a former colleague in July 2003.
Schlozman embarked on a hiring spree of what he called “RTAs,” short for
“right-thinking Americans,” recruiting lawyers from the Federalist Society, the
National Republican Lawyers Association, and the Bush-Cheney campaign. A joint
investigation by the department’s inspector general and its Office of
Professional Responsibility found that “virtually all of the attorneys (97
percent) hired by Schlozman whose political and ideological affiliations were
evident in the hiring process were Republican or conservative.”
Veteran civil rights lawyers with decades of experience began leaving in droves,
including the well-respected chief of the voting section, Joe Rich. Schlozman
made Hans von Spakovsky, who had been among the first major figures in the GOP
to push the myth of widespread voter fraud, de facto head of the section.
Soon, the department’s political appointees overruled career lawyers to approve
GOP-backed laws that were regarded as racially discriminatory, including a
mid-decade congressional redistricting plan in Texas that eliminated two
majority-minority districts and a Georgia voter ID law that disproportionately
harmed Black voters.
David Plunkert
“You take an oath to uphold the laws of the United States,” Robert Kengle, the
deputy chief of the voting section from 1999 to 2005, told Mother Jones’ Ari
Berman in his 2015 book, Give Us the Ballot. “These guys didn’t believe in the
laws of the United States. They came in to work for an institution for which
they had the utmost contempt.”
One of the attorneys hired by Schlozman was J. Christian Adams, a solo
practitioner in Virginia who had served as a Bush-Cheney poll watcher in
Florida. Rich described him as “Exhibit A of the type of people hired by
Schlozman.”
Adams helped bring the DOJ’s first-ever Voting Rights Act case on behalf of
white voters, who claimed they were discriminated against by the Black head of
the local Democratic Party in Noxubee County, Mississippi. Career lawyers viewed
it as a perversion of the law, which was intended to protect Black voters who
were disenfranchised by segregationist whites in states like Mississippi.
By the end of the Bush administration in 2008, the DOJ’s inspector general found
that Schlozman had violated federal law and committed misconduct by “improperly
[considering] political and ideological affiliations in the recruitment and
hiring of career attorneys in the Civil Rights Division.” But the anti-voting
positions of the likes of von Spakovsky and Adams had already become
institutionalized and were spreading within the GOP.
A couple of years later, in 2010, Adams loudly accused the Obama administration
of anti-white bias when the DOJ dropped a case he spearheaded alleging that
white voters were intimidated at the polls in Philadelphia by the New Black
Panther Party. An internal review found no evidence of improper political
interference, but by this point, Adams had resigned in protest. He would go on
to become head of the right-wing legal group PILF in 2015. In addition to filing
lawsuits against local jurisdictions to force them to remove voters from their
rolls, PILF published two reports in 2016 and 2017, “Alien Invasion in Virginia”
and “Alien Invasion II,” that sought to validate Trump and his allies’ claims of
widespread voter fraud by noncitizens.
The reports, which included names, addresses, and private information like
Social Security numbers, claimed that more than 5,500 noncitizens had registered
to vote in Virginia and 1,852 people had cast nearly 7,500 illegal ballots since
the late 1980s. “This is the real foreign influence on American elections,”
Adams told Fox News. “Foreigners are getting on American voter rolls and, as we
documented, casting ballots by the thousands.”
PILF called on the Justice Department to bring felony charges against the voters
it identified. Republican political activists drew up plans to post signs at
polling places warning of voter fraud, which Adams said should be “in Spanish”
to be “effective.”
It soon became clear, however, that PILF had relied on faulty methodology. As
Mother Jones previously reported, “Alien Invasion II” spotlighted the
“astonishing” example of one voter, Maureen Erickson, who listed a Guatemalan
address on her registration form. “Ms. Erickson voted in 14 different
elections—most recently in 2008—before her registration was canceled,” the
report stated.
But it turned out that Erickson was a US citizen living in Guatemala as a
missionary. “I think it is odd that they chose ‘Maureen Erickson’ as their
poster child for voter fraud,” her husband, Todd Erickson, wrote in a letter to
the Washington Times after it picked up the story. “There was obviously not much
additional research done on the person that they held up as an example of this
illegal activity.”
When Virginia election officials warned PILF that it was using unreliable
data—such as targeting individuals who did not check a citizenship box at the
DMV—to identify “suspected aliens,” PILF staffer Logan Churchwell agreed in an
email to Adams that their concerns could “be true.” But this was an opportunity,
Churchwell said, to “convert pushback into official confusion to justify our
call for a top-down overhaul.”
“The fog of war favors the aggressor here,” added Churchwell, who remains
research director at PILF.
In 2018, four Virginia voters whom PILF falsely accused of voting illegally
filed a lawsuit against Adams and PILF, accusing them of violating the Voting
Rights Act and the 1871 Ku Klux Klan Act—which empowers individuals to sue when
vigilante groups threaten their 14th Amendment rights—through “a modern, covert,
and particularly insidious method of voter intimidation.” PILF settled the case
before it went to trial, with Adams agreeing to apologize to the plaintiffs and
PILF pledging to redact sensitive personal information.
The reports should have been a cautionary tale about the dangers of overhyped
fraud claims and the misuse of sensitive voter information, but Trump and his
allies were undeterred and determined to spread such misinformation to a much
bigger audience.
After claiming with no proof that he lost the popular vote in 2016 because 3
million people voted illegally, Trump brought back veterans of the Bush Justice
Department, including Adams and von Spakovsky, as members of his Presidential
Advisory Commission on Election Integrity. Von Spakovsky advised the commission
to reprise the Schlozman-era playbook and exclude Democrats and “mainstream
Republican officials and/or academics” from serving on it. He and Adams secretly
advised Vice Chair Kris Kobach, then–Kansas secretary of state, on the
commission’s first major action: a sweeping request for sensitive voter data
from all 50 states, including party affiliation, voter history, and Social
Security numbers. Kobach wrote that it would be “very helpful in the
Commission’s work identifying fraudulent registrations and other forms of voter
fraud.”
But the request, made in June 2017, infamously backfired. The Republican
secretary of state of Mississippi, Delbert Hosemann, told the commission to “go
jump in the Gulf of Mexico.” His GOP counterpart in Louisiana said the
“President’s Commission has quickly politicized its work by asking states for an
incredible amount of voter data that I have, time and time again, refused to
release.” Even Kobach, in his position as the top election official in Kansas,
was unable to hand over voters’ Social Security numbers because they couldn’t be
divulged by state law, nor could secretaries of state from Indiana, Maine, and
New Hampshire, who also served on the commission. In the end, 21 states refused
to provide any data, while the rest only partially complied.
The commission had tried to validate Trump’s fraud claims, but it disbanded
after less than a year while facing at least eight lawsuits. A draft staff
report of its findings included a section on “Evidence of Election Integrity and
Voter Fraud Issues” that was, tellingly, left blank.
The commission’s failure should have put to bed the myth of widespread voter
fraud once and for all—and prevented the federal government from ever again
asking for such extensive information on voters. But Trump’s attempt to overturn
the 2020 election convinced more of his supporters that elections were rigged,
emboldening groups like PILF to turbocharge their efforts to restrict access to
the ballot. In the runup to the 2024 election, Trump and his allies filed scores
of lawsuits designed to make it harder to vote and easier to question election
outcomes. PILF, along with the RNC and Harmeet Dhillon’s law firm, were at the
forefront of this legal onslaught.
When Trump returned to the White House, an emboldened MAGA movement once again
set its sights on transforming the DOJ’s Civil Rights Division and its voting
section from a place that is entrusted with protecting people’s right to vote to
one that jeopardizes it.
“This administration is abandoning the congressional mandate that the division
has to stamp out discrimination and protect vulnerable populations,” says
Chiraag Bains, who served as a high-ranking official in the Civil Rights
Division from 2014 to 2017. “They’re not just abandoning it. They’re actually
weaponizing the power of the federal government to try to cut off access to the
ballot.”
A week after the 2024 election, Cleta Mitchell, a recent chair of PILF’s board
(von Spakovsky is the current chair) and an attorney involved in Trump’s attempt
to overturn the 2020 election, called on the administration to fire “every
lawyer in the Voting Section and likely in the Civil Rights Division. They are
not supportive of Pres Trump or MAGA. There has to be a reckoning.”
The now-reinvigorated wolves were back in the henhouse. Two days after the
inauguration, the department’s political appointees ordered the Civil Rights
Division to freeze work on all new cases. Shortly thereafter, former Florida
Attorney General Pam Bondi, who had traveled to Pennsylvania in 2020 to amplify
Trump’s false claims of voter fraud, was confirmed as US attorney general. The
department put Mac Warner, a former West Virginia secretary of state who claimed
that the CIA stole the 2020 election, in charge of the Civil Rights Division on
an interim basis.
Over the winter and spring, the Trump DOJ began systematically withdrawing from
voting rights cases filed under the Biden administration, refusing in nearly
every instance to meet with the career attorneys who worked on them. “There was
an utter lack of interest in what the day-to-day work of the voting section
entailed,” says one former lawyer in the Civil Rights Division.
On March 31, when the department dropped a case challenging voting restrictions
passed in Georgia in 2021, Bondi alleged that the Biden administration had
“fabricated claims of false voter suppression.”
“The press release from the Georgia case was insulting to all the career lawyers
who worked on it,” says another former DOJ lawyer. “To call something fraudulent
from the institution you now lead was deeply troubling.”
Days later, the Senate confirmed Harmeet Dhillon, a Trump ally whose law firm
had filed several lawsuits attacking voting rights, as head of the Civil Rights
Division. Dhillon had amplified Trump’s false claims of fraud as a legal adviser
to his 2020 campaign, calling on the Supreme Court to overturn the election
results.
Dhillon removed the division’s longtime mandate of stopping racial
discrimination in voting from the section’s mission statement and instead
pledged to address Trump-inspired priorities that included “preventing illegal
voting, fraud, and other forms of malfeasance and error.”
By the end of April, Trump’s appointees had dismissed every active case in the
voting section and reassigned the section’s chief and five top managers to the
obscure complaint adjudication office, the DOJ’s version of Siberia. Career
attorneys who’d stayed during Trump’s first administration and thought they
could survive Trump 2.0 decided to leave en masse. Just a few months in, more
than 250 attorneys had departed the Civil Rights Division, 70 percent of the
total staff, and the number of career attorneys in the voting section had shrunk
from 30 to just three.
At the end of May, Maureen Riordan, who had been litigation counsel at PILF
during the Biden years, took over as acting head of the voting section. A
20-year veteran of the DOJ who spent much of her career in the voting section,
Riordan had resigned when Biden took office. At PILF, she had focused on filing
lawsuits against various states, aimed at obtaining their voter roll information
for the purpose of analyzing it for purported fraud.
When she returned to the DOJ under Trump, the department’s work had effectively
become inseparable from the mission of the right-wing “election integrity”
organizations whose leaders now staffed the new administration. With the MAGA
takeover complete, the voting section launched its most audacious scheme yet,
reprising the Trump administration’s demand for sensitive voter data from all 50
states. And this time, it would retaliate against those who refused to comply.
A couple of weeks before the DOJ began demanding Maine’s voter rolls, PILF,
Riordan’s old employer, sent its own letter to Bellows, alleging that its
assessment of commercially available data and newspaper obituaries suggested
there were more than 18,000 “apparently deceased” people on Maine’s voter rolls.
Responding to that previously unreported accusation, Bellows called its claim a
“damned lie from an organization that cares more about conspiracy theories than
election integrity.” Churchwell, from PILF, says their data collection methods
have evolved since 2017 to prioritize credit data over other “cheap” commercial
options: “We’ve raised the standard. Your experts are in the wailing and
gnashing of teeth in outer darkness stage of their activism, and my heart goes
out to them.”
For starters, every month, Maine’s 487 municipal election clerks review death
records from the state’s vital records bureau and cancel the registrations of
individuals who have died. As a fail-safe, Maine also compares its voter roll to
the Social Security Administration’s Limited Access Death Master File at least
once annually. Moreover, even if a deceased person’s name did appear on the
voter roll for a short time, that does not mean a vote was illegally cast in
their name.
This wasn’t the first time PILF made such a claim. The group sued Michigan in
2021, alleging that its assessment of publicly attainable data showed there were
25,000 dead voters on Michigan’s rolls. A federal judge dismissed the claim in
March 2024. In May, the 6th US Circuit Court of Appeals rejected PILF’s argument
a second time, concluding that Michigan makes an “inherently rational, sensible
attempt at maintaining accurate voter registration lists.” (In November, PILF
asked the Supreme Court to reconsider the lower court’s decision.)
But PILF succeeded in advancing the voting fraud narrative—even if its lawsuit
has so far failed. As is often the case, the rulings on the Michigan lawsuit
didn’t get nearly as much attention as the claims that precipitated it.
“Usually, sensational allegations of crimes go viral,” Bellows says, “and the
less sensational finding that people are innocent often doesn’t have the same
reach.”
Most of the lawsuits—whether from groups like PILF or the mightier Justice
Department—allege violations of the National Voter Registration Act. Congress
passed the 1993 bipartisan law with the intention of making it easier to
register to vote. Dubbed the “Motor Voter Act,” the law simplified voter
registration by making the process accessible at DMVs and other public agencies
across the country. The law also included a provision to ensure that state voter
rolls, which were anticipated to add new voters, were properly maintained. The
US Constitution assigns the responsibility of managing elections to the states,
and consequently, the act doesn’t tell states how exactly they should maintain
their rolls; it merely says they should “conduct a general program that makes a
reasonable effort to remove the names of ineligible voters.”
Bellows attests that Maine is doing just that. In February 2025, the state’s
election division canceled 180,584 inactive voter registrations—the largest bulk
removal in nearly 20 years. But the act’s open-ended language has provided an
opening for election denialism crusaders, including the ones who now run the
DOJ.
> “Many election officials, including me, worry that the Trump administration
> wants this information so that it could be used to target, harass, and
> intimidate individual citizens.”
“These groups are trying to weaponize the law in a way that’s contrary to the
purposes of the statute,” says Bains, the former DOJ Civil Rights Division
official, now a senior fellow at the Brookings Institution. “Most of these
lawsuits that we’re talking about are aimed at pursuing mass purges of exactly
the nature that the statute was written to prevent.”
At least 40 states have received written requests from the Justice Department
for their voter files, according to the Brennan Center for Justice. DOJ
officials have said they eventually want the data from every state. So far, only
two—Indiana and Wyoming—have complied, though the administration has adopted a
harder stance in recent weeks. As of early December, the department has filed
lawsuits against 14 states, beginning with Maine and Oregon.
“On the surface, it may seem like regular oversight, but it’s not,” Nevada
Secretary of State Cisco Aguilar argued during a September press briefing with
the States United Democracy Center, a group devoted to fair and secure
elections. “The DOJ has the backing of the federal government. They’re trying to
use the immense power to intimidate states into complying.”
At the same briefing, Michigan Secretary of State Jocelyn Benson outlined
multiple ways the data demanded by the department could be used vindictively.
“Many election officials, including me, worry that the Trump administration
wants this information so that it could be used to target, harass, and
intimidate individual citizens, political adversaries, and potentially deter
entire communities from voting,” Benson said. “It could also be used to pressure
states to remove otherwise eligible citizens from the rolls based on pernicious
or suspect information.”
Administration officials have yet to explain their reasons for trying to create
a national voter roll, but the DOJ confirmed to States Newsroom that the data
was “being screened for ineligible voter entries.”
The agency is working with the Department of Homeland Security to run voter
information through Systematic Alien Verification for Entitlements, or SAVE, an
online platform that provides access to various government databases in one
place. Since its inception in 1987, the tool has been used to verify the
citizenship of people applying for government benefits by checking alien
identification numbers assigned to them by DHS. The Trump administration has
dramatically expanded the tool in recent months, adding Social Security numbers
and passport information to the system. As Mother Jones reported last month, DHS
is also trying to connect every state’s driver’s license database to SAVE, so
states can run their entire voter rolls through the database at one time. (A
spokesperson for US Citizenship and Immigration Services, which administers
SAVE, says states will need to ensure they are using the platform lawfully.)
The allegation that noncitizens are flooding state voter rolls is not supported
by any data. One 2016 survey of 42 voting jurisdictions by the Brennan Center
found just 30 cases of possible noncitizen voting out of nearly 24 million
votes. Statistically, that’s one ten-thousandth of 1 percent. Further, voter
registration forms require Americans to affirm they are citizens, under penalty
of perjury. The same form warns that those who lie could be fined, imprisoned,
or deported. They’d also risk their future eligibility for citizenship. “To
jeopardize that opportunity by voting just doesn’t make sense,” Nevada’s Aguilar
says.
While using SAVE to root out voter fraud is unlikely to turn up many—if
any—noncitizen voters, the massive expansion of the program is likely to wrongly
flag some American citizens as noncitizens, particularly naturalized citizens,
newly married people who changed their last names, and people whose names don’t
match on their documents (for example, a man whose license says Nick but whose
passport says Nicholas). A lawsuit filed by the League of Women Voters and the
Electronic Privacy Information Center in September warned that DHS and the DOJ
are “encouraging and enabling” states to search their voter rolls against SAVE,
which the lawsuit alleges may culminate in some states “purging voter rolls.”
In November, a federal judge agreed that the new use of SAVE was concerning:
“The Court is troubled by the recent changes to SAVE and doubts the lawfulness
of the Government’s actions,” wrote Judge Sparkle Sooknanan. However, she
declined to block the administration from using it because the plaintiffs hadn’t
yet identified someone who had been directly harmed.
Even if the DOJ doesn’t find any legitimate evidence of noncitizen voting, false
matches would produce sensational headlines across the MAGA-verse, giving the
administration more ammunition to undermine trust in elections.
“My guess is they want the voter files to be able to say we have the voter
files, and we know there are X or Y fraudulent people on it,” says Justin
Levitt, who served as deputy assistant attorney general in the DOJ’s Civil
Rights Division under President Barack Obama. “It will be fiction, but now
they’ll say it because they have them. Even if they find an infinitesimal number
of wrong people on the rolls, they will lie about the numbers.”
The DOJ declined to comment for this story.
Beyond the possibility of voters being disenfranchised, the League of Women
Voters and EPIC argue that every person’s federal right to privacy would be
encroached by the DOJ and DHS sharing data among themselves and state
governments. Congress passed the Privacy Act of 1974 specifically to prevent the
federal government from creating “formal or de facto national data banks” or
“centralized Federal information systems” that would integrate the personal data
of Americans stored at separate agencies, the lawsuit points out.
Add to all this the fact that a national voter file could also be a gold mine
for hackers, especially as the Trump administration dismantles efforts to combat
foreign and domestic election interference.
“The danger is once you compile all this information, then hackers only have to
go to one place instead of going to all 50-plus jurisdictions that run
elections,” says Eileen O’Connor, who worked in the DOJ’s voting section for
nearly a decade, including during Trump’s first term. “It’s just a hacker’s
dream to have all of this private, sensitive information collected somewhere.”
In its efforts to inspect state voter rolls, the DOJ is also, evidently,
considering sharing Americans’ personal data with outside election denial
groups. Rick Richards, a retired physician from Georgia with no experience as an
election official, has met with Riordan and marketed his mass voter registration
challenge system called EagleAI, which he helped develop with Cleta Mitchell’s
support, to the DOJ.
“We demonstrated the software to the DOJ. They like it. They would like to use
it. Apparently, we can get data they can’t,” he said during a meeting hosted by
Mitchell’s group, the Election Integrity Network, according to a transcript
obtained by Mother Jones. “I am in conversation with them about letting us have
a task, a federal task, to bring their data into what we’re doing and then be
able to use the federal data, SAVE data, Social Security data, other data in
here as well.”
Despite its name, EagleAI uses no artificial intelligence. Like PILF, EagleAI
relies on incomplete information, such as self-reported address changes
registered with the US Postal Service and datasets purchased from private
entities like utilities, credit card companies, or magazine publishers. Richards
boasted on the same call that EagleAI flagged more than 50 percent of Fulton
County, Georgia, voter registrations as “potential problems”—an indication of
the system’s dubious accuracy.
Had the right-wing election integrity skeptics behind EagleAI actually believed
the county’s voter roll was teeming with fraudulently registered voters, they
likely would have presented these concerns to local officials. But according to
Nadine Williams, Fulton County’s director of registration and elections, that
hasn’t happened; her voter roll is audited monthly using verified data sources,
and she’s never heard from EagleAI, which she called an “unverified third-party
group.”
In response to questions from Mother Jones, Richards claimed that “the EagleAI
Network program no longer exists,” even though his email signature still
includes that affiliation and the group’s data was used to challenge more than
900 voters in New Jersey as recently as a month ago.
If the DOJ takes up Richards on his offer to use EagleAI on state voter rolls
the department is suing to collect, it wouldn’t be the first time Riordan has
worked at a place that relies on faulty data to spread questionable conclusions
about voter fraud.
Normally, the DOJ’s voting section would work to prevent these kinds of efforts
from affecting Americans’ ability to vote. Now, the voting section itself is in
on the effort. “The main activity the section seems to be engaged in at this
point,” says Levitt, the former deputy assistant attorney general, “is something
illegal.”
This story was originally published by The Watch, Radley Balko’s substack
publication, to which you can subscribe here.
In the 15 years from 2010 through 2024, 375 people in Texas were exonerated
after being imprisoned for crimes they did not commit. Of those, 97 received
some form of compensation or settlement from the state. Collectively, those 97
people spent more than 1,200 years in prison. The state paid them just under
$156 million, or an average of about $130,000 per person per year behind bars.
Last year, New York City paid out $205 million to settle 956 lawsuits alleging
police abuse. That figure includes about $16 million each to two men who served
three decades in prison for a murder they didn’t commit. It also includes people
who were wrongly raided and beaten by police, and people who were outright
framed by law enforcement.
I bring up these figures because, according to multiple reports, Donald Trump is
about to order the government to pay him “damages” for the FBI raid on his
Mar-a-Lago mansion and for special prosecutor Jack Smith’s two investigations of
him—one for stealing, hoarding, and improperly sharing classified documents, and
the other for Trump’s effort to overturn the 2020 election. He’s going to pay
himself $230 million.
So Trump—who didn’t spend a minute behind bars—about to swindle about 50 percent
more than the total amount of money paid to the 97 innocent people who were
incarcerated for more than 1,200 years in Texas. Or about 12 percent more than
the total paid last year to 957 victims of police brutality in New York City.
> One key difference between the raid on Trump’s resort and other disputed
> police raids I’ve covered: Trump is still alive.
I’ve written at length about both police abuse and wrongful convictions. I’ve
seen and interviewed and known the people hurt by bad cops and prosecutors.
Trump’s payout isn’t just corrupt and cynical, it’s among the most outrageous
and infuriating of his many abuses of power. It’s the biggest payout ever for
allegations of misconduct by either police or prosecutors. This would be true
even if you divided it in half to separate the raid from the investigations.
The same man who was immunized from his crimes by the US Supreme Court, was
reelected to the most powerful office on the planet, and has openly used the
office to enrich himself and his family by billions would now be further abusing
his power to declare himself the biggest victim of injustice in American
history. It’s just a brazen, stubby, vulgar middle finger at rule of law.
Trump originally filed his lawsuit last summer, before he was reelected. Back
then, he was asking for a mere $100 million. Two things happened to embolden
him. First, Chief Justice John Roberts gave Trump the green light to weaponize
the Justice Department for his own benefit. Second, Trump took full advantage of
Roberts’s hall pass and filled the top slots at the department with the same
attorneys who represented him in both his civil and criminal cases.
Let’s first look at how the raid on Mar-a-Lago compares to actually botched
police raids. I made a little chart comparing the insane amount of money Trump
wants to pay himself to the settlements and jury awards won by real victims.
Here are a few things to keep in mind: First, the raid on Mar-a-Lago went down a
bit differently than these other raids. In most of the other raids, the police
battered down a door during a high-risk, “dynamic entry” operation, then
unjustly shot someone inside the home. At Mar-a-Lago, the FBI notified Trump’s
security detail to let them know they were coming. In fact, Trump himself was
given a warning months ahead of time. They also deliberately conducted the raid
when Trump would be out of town to save him any embarrassment.
But it gets worse. (Note: I’ll be using this phrase frequently.)
Most of those other raids were conducted on little to no evidence—typically on
dirty, uncorroborated information from drug informants or random calls to
police. In most cases, the police found no evidence of a crime, often because
they raided the wrong house. The raid on Mar-a-Lago came after an extensive
investigation, and after federal authorities gave Trump multiple opportunities
to return the classified documents he had taken. He refused.
There’s one other key difference between the raid on Trump’s mansion/golf
club/event space and all of these other raids: Trump is still alive. The other
people listed below are dead, because they were killed in these raids. The only
tangible injury Trump has claimed from the Mar-a-Lago raid is that FBI agents
tracked some dirt into his bedroom when they didn’t take off their shoes.
Settlements Resulting From Law Enforcement Raids
But this is just the harm that Trump claims from the FBI raid. He also claims to
have suffered injury from being accused of federal crimes. So let’s also compare
the damages Trump is seeking to the damages awarded to people who were wrongly
convicted.
This, too, won’t be a perfect comparison. But the incongruence only makes the
money Trump is demanding all the more obscene. First and foremost, whereas
exonerated people have been proven innocent, the evidence against Trump is
persuasive. He was never exonerated. Instead, his money, power, and position
allowed him avoid a trial. He escaped election charges because the US Supreme
Court cloaked him in immunity. And he only escaped trial in the classified
documents case by getting himself reelected. No court, prosecutor, or
investigative body has declared Trump innocent in either case. And while we like
to say that you are presumed innocent until proven guilty, we definitely do not
say that you’re entitled to a massive payout if a criminal investigation fails
to result in a conviction.
> If the $50,000 the typical exoneree gets were the width of a typical city
> block, the amount Trump is claiming would be the width of Texas.
Currently, about 40 states have laws to compensate the wrongly convicted. These
laws vary in how they’re structured, but most pay a predetermined amount of
money for each year of incarceration. These annuities ranges from a low of about
$18,000 per year in Iowa, to a high of $200,000 per year in Washington, DC. But
the most common figure is $50,000. Some states don’t pay the money in a lump
sum, and in many the annual payout isn’t heritable. So if the government spent
10 years fighting your exoneration, that’s 10 years of payments neither you nor
your family will ever see.
Some states also require the wrongly convicted to waive their right to sue in
order to collect compensation. So while some exonerees in those states have sued
and received multimillion dollar payouts, they took a risk in doing so. They
could just as easily have ended up like, say, John Thompson of Louisiana—a man
who was wrongly convicted two separate times, spent 14 years on death row, and
was nearly executed seven times. A jury awarded Thompson $14 million. Then the
Supreme Court threw out the award.
Lawsuits also usually take years—sometimes more than a decade—to resolve. If you
just got out of prison and are struggling, you’ll get no compensation while your
case slogs its way through the courts.
Trump will get all of his money at once. He’ll be able to pass it on to his
heirs (or just have it buried with him). And he won’t have to wait for a lawsuit
to wind through the courts. I also don’t know of any exonerees who were in a
position to exploit their charges to raise hundreds of millions of dollars from
their supporters, or who wore their charges like a crown to get their old job
back.
But it gets worse.
Trump isn’t stopping with himself. He wants his criminal friends to be paid,
too. He has reportedly ordered the DOJ to pay his former national security
advisor Michael Flynn $50 million as compensation for the investigation and
criminal charges against him. I suspect that if he doesn’t get pushback, we can
expect him to pay others, too.
I believe the word for this is chutzpah. Flynn is a dangerous QAnon nut
who initially pled guilty to lying to the FBI about meeting with members of the
Russian government during the 2017 transition.
The guilty plea itself was the product of a plea bargain in which the government
agreed not to charge Flynn for the other shady things he’d done. For example,
Flynn failed to register as a foreign agent while on the payroll of a
businessman with close ties to the Turkish government. While advising the
incoming Trump administration, Flynn reportedly recommended kidnapping a
pro-democracy dissident legally residing in the US and extraditing him to
Türkiye at the behest of its authoritarian leader, Recep Erdoğan.
Trump had been warned by the Obama administration that Flynn was a national
security threat. Yet Trump promptly appointed Flynn to the most sensitive
national security position in all of US government. Now Flynn and Trump plan to
make you, me, and the rest of the country pay Flynn $50 million.
So let’s compare what Trump and Flynn endured—and what they’re paying themselves
as compensation—to what people actually wrongly convicted of crimes get in
compensation.
> So far, no investigative body has determined that Jack Smith’s case against
> Trump was political or malicious. But that may not matter.
The average person exonerated in 2024 spent 13.5 years behind bars. Prison is
obviously psychologically destructive. But it also breaks bodies, and the health
care is typically dreadful. People leaving prison have a 50 percent shorter life
expectancy than people of similar demographics who never served time.
Again, neither Trump nor Flynn were ever incarcerated. Flynn initially pleaded
guilty to one charge of lying to the FBI, then retracted his plea. There was
then some extended and complicated litigation before Trump ultimately pardoned
him. Trump himself was never tried, convicted, or punished for any of the
federal charges for which he now wants $230 million.
That means both are seeking to be compensated, not for the harm of
incarceration, but for damage to their reputations. Again, Trump (a) wore his
criminal charges like a badge, (b) exploited the charges to raise a ton of
money, and (c) as the charges were pending, was reelected to the most powerful
position on the planet.
I’m not seeing the harm.
If both reported payouts happen, Flynn will be getting $6.25 million per year
since he was indicted. Trump will be getting about $100 million per year. Again,
the low end of annual compensation for an exoneree is $18,000 per year—of
incarceration, not since indictment. The average is $50,000, and the high is
$200,000.
Here are some ways to visualize these numbers:
* If the $50,000 a typical exoneree gets per year were the height of a
basketball, what Trump is demanding would be the height of the Empire State
Building.
* If the $50,000 the typical exoneree gets were the width of a typical city
block, the amount Trump is claiming would be the width of the state of Texas.
* If the $18,000 the typical exoneree gets in Iowa were the average height of a
human being, the amount Trump is claiming would be about the height of Mt.
Everest.
There actually is a federal law that allows some people who have been acquitted
or cleared of federal charges to be compensated. It’s called the Hyde Amendment,
and it was passed in 1997.
But the Hyde Amendment limits compensation to court and attorney fees. And few
people have been able to use it. That’s because merely being acquitted or
cleared isn’t enough. You also need to demonstrate that the federal officials
investigating or prosecuting were doing so maliciously. A 2010 USA
Today report looked at 201 cases in which a federal judge cited prosecutorial
misconduct in dismissing criminal charges. Just 13 of those people were able to
get compensation under the Hyde Amendment. There isn’t much reason to think it’s
any different now.
So far, no investigative body has determined that Jack Smith’s case against
Trump was political or malicious. No investigative body has found that Smith
violated Trump’s constitutional rights.
> Trump’s attorneys initially asked for $100 million in punitive damages under
> the FTCA—a law that does not allow for punitive damages.
But it gets worse! Thanks to immunity policies created by the Supreme Court,
even people unambiguously hurt by police or unjustly prosecuted are unlikely to
get relief through the courts. The odds of success in such lawsuits are so long
and the litigation so costly that, except in absolute slam-dunk cases with
sympathetic victims, few attorneys are willing to take them on.
This is especially true in cases involving the federal government. It’s all but
impossible to sue federal police or prosecutors for constitutional violations.
In 1971, the Supreme Court created a path to court in the case Webster Bivens v.
Six Unknown Named Agents of Federal Bureau of Narcotics. But the court has
consistently narrowed its scope. (It’s gotten so bad that civil rights attorneys
sometimes joke that the only way to get these cases in front of a jury is if
your client is named Webster Bivens.) The court all but overturned the precedent
in the 2022 case Egbert v. Boulet.
To understand how this jurisprudence plays out in the real world, consider the
case of Hamdi Mohamud. She’s a Minnesota woman who, along with dozens of other
people, was framed by a St. Paul police officer. She spent 25 months in custody.
The officer was working with a federal human trafficking task force. She framed
Mohamud and the others on witness tampering charges in order to protect an
informant.
There’s no dispute about Mohamud’s innocence. But the federal courts have ruled
that state and local police who work on federal task forces get the same
protection as federal law enforcement. And so, citing the Supreme Court’s ruling
in Egbert, the Eighth Circuit has dismissed Mohamud’s lawsuit, ruling that the
officer who framed her was protected not by the already-generous qualified
immunity afforded to state and local police, but the broader near-absolute
immunity given to federal officers.
Mohamud is a far much more sympathetic victim of government overreach than
Trump. She has suffered much more harm, and did nothing wrong. Yet not only did
her case never get to a jury, she couldn’t even get discovery. The courts ruled
that because the officer had immunity, nothing Mohamud’s lawyers might have
found, no matter how damning, would have made a difference.
There is one other way to sue federal officials: the Federal Tort Claims Act.
This law allows plaintiffs to sue the agency that employs the offending officers
under federal torts law. But the FTCA is incredibly complicated. It also
requires plaintiffs to exhaust all other legal options first. FTCA trials are
decided by judges, not juries, and judges tend to be more deferential to law
enforcement.
But the biggest problem with the FTCA is that it prohibits punitive damages.
Civil rights cases are exorbitantly expensive. Attorneys take them knowing that
most will be thrown out before they ever get in front of a jury. They put in the
considerable investment to investigate and litigate hoping they’ll get one of
the handful of cases that results in a large award. Punitive damages are what
bump these cases into the millions. Without them, only public interest firms
like the ACLU, NAACP, or Institute for Justice would be in a position to take
these cases.
Had he not been elected president, Trump’s lawsuit against the FBI and DOJ would
have been laughed out of court. And as I’ve argued here in the past, not only
was Trump not treated poorly, he was given an almost embarrassing amount of
deference. The judges in these cases bent over backwards to accommodate him. And
given that there’s no evidence his rights were violated, his claim of $230
million in damages would have been scoffed at by the courts and likely brought a
reprimand for his attorneys.
In his original lawsuit, for example, Trump’s attorneys asked for $100 million
in punitive damages under the FTCA—which, again, does not allow for punitive
damages. If anyone else tried to claim punitive damages under that law, their
attorneys would have been embarrassed by the first judge to read the case. But
because Trump now presides over the DOJ, he gets to bypass the courts. That his
attorneys badly misstated the law may not matter. The law itself is now
irrelevant.
> Some January 6ers are now demanding “reparations” similar to the compensation
> paid out to exonerees.
Some interest groups have hinted at lawsuits asking federal courts to stop any
payouts to Trump or Flynn. We’re obviously in uncharted territory here, so who
knows how those lawsuits will go. But my hunch is that no matter who brings a
lawsuit, the current Supreme Court will rule that they lack standing to sue.
The most galling part of all this is that Trump is an enthusiastic supporter of
the very laws that make it so difficult for other victims of government abuse to
recover damages. During the 2024 campaign he promised over and over that he
would confer “immunity” on police officers from criminal and civil liability and
any other form of accountability. He has also said that police should be
“unshackled” and “unleashed” to “do their jobs.”
Trump doesn’t understand the laws and policies that govern police misconduct.
But the people around him do. And sure enough, his administration has made clear
that they will provide zero oversight and will conduct no civil rights
investigations into police abuse.
Well, almost no oversight. Trump did fire the FBI agents and federal prosecutors
who worked on the cases against him, the cases against his allies, and the cases
against the January 6 rioters.
In June, Trump also ordered the DOJ to pay just under $5 million to the family
of Ashli Babbitt, the woman shot and killed by a Capitol police officer during
the January 6 riots. Babbitt was part of the mob attempting to enter the
Speaker’s Lobby. She and the mob ignored multiple warnings from police. The
officer who shot her has been cleared of any wrongdoing. So had Trump not
ordered the payout, the lawsuit by Babbitt’s family almost certainly would have
been thrown out of court.
Administration officials have also suggested that they might target progressive
prosecutors who do try to hold abusive cops accountable, arguing that their
investigations are violating the police officers’ civil rights.
Trump was campaigning on a promise to make law enforcement immune from any form
of liability at the same time his lawsuit against the DOJ and FBI was pending in
federal court. He wanted to make it harder to do precisely what his lawsuit
sought to do. Yet because he was reelected, he and his allies get to swerve
around those laws and accelerate directly to a payout.
Ah, but it gets worse.
Trump, of course, also pardoned the January 6 rioters and insurrectionists soon
after he was inaugurated. So far, at least 22 of those he pardoned have been
convicted of unrelated crimes, including home invasion, aggravated kidnapping,
aggravated sexual assault, possession of child pornography, sexual assault of a
minor, manslaughter, burglary, grand theft, and reckless homicide. One was
arrested for surreptitiously filming women at his father’s tanning salon.
Another was recently sentenced to life for plotting to murder FBI agents. Yet
another was arrested for threatening to kill House Minority Leader Hakeem
Jeffries.
It probably goes without saying, but if the people Joe Biden or Barack Obama
pardoned went on to commit as many new crimes as the January 6ers have,
Republicans would be setting the Constitution on fire to strip future presidents
of the pardon power.
Here’s the fun part: Many of those January 6ers are now seeking refunds for the
restitution they were required to pay. Some have been successful, in part
because the DOJ hasn’t put up any opposition. In fact, according to my sources,
the federal government is encouraging them to seek reimbursement—at the
direction of insurrectionist attorney-turned-senior DOJ official Ed Martin.
Those sources also tell me some at DOJ are also encouraging January 6ers to seek
reimbursement of attorney’s fees under the Hyde Amendment. Many of the rioters
hired private attorneys with funding from MAGA nonprofits. This raises the
possibility that, if successful, these taxpayer-funded reimbursements could go
back to MAGA advocacy groups.
And it apparently won’t end with attorneys fees. Some January 6ers are now
demanding “reparations” similar to the compensation paid out to exonerees. While
there’s some evidence that some of these people may have been overcharged, none
were treated differently than anyone else in the federal system. And most of
them were, in fact, guilty. Rather famously, many of them documented their own
crimes.
An attorney for several insurrectionists has pushed for the DOJ to establish a
“reparations fund” and a panel to determine which of them should be eligible for
damages above and beyond attorney fees. The same lawyer said he believes that
Martin is championing this idea within DOJ. But they may not even need Martin.
Trump himself has also said he’s open to the idea of a reparations fund for
January 6ers.
If any January 6er cited Trump’s pardon as proof of their innocence in a claim
seeking damages—despite having documented their crimes on social media—they’d be
laughed out of court. But they may not need to go to court. If the DOJ decides
to support the idea of reparations, I’m not sure there’s much to be done about
it.
The most innocuous explanation for all of this is that Trump wants to reward his
supporters for their loyalty. The more sinister explanation is that he wants to
keep them grateful in case he needs them again.
On November 17, journalist Amanda Moore broke a story for The Intercept that
somehow manages to capture all of this madness in a single headline:
Pardoned Capitol Rioter Tried to Hush Child Sex Victim With Promise of Jan. 6
Reparation Money, Police Say
But it gets worse. (I promise, that’s the last one.)
This brings me to the Republicans’ most recent example of shameless, nakedly
corrupt self-dealing: Republican senators tucked a provision into the bill to
reopen the government that would allow any senator whose phone records were
obtained by Jack Smith to sue the federal government—for $1 million per phone.
It appears that eight senators would be authorized to sue. To be clear, Smith
did not bug these senators’ phones. With a judge’s authorization, he obtained a
record of their ingoing and outgoing calls around January 6, 2021. That’s not
only perfectly legal, it’s routine in criminal investigations.
Incredibly, the language in the bill applies only to these eight senators. It
doesn’t even apply to House members whose records Smith also obtained. At root,
the bill seeks to authorize eight of the most powerful people in the world to
pay themselves $1 million or more from the US Treasury.
The senators snuck this provision into the funding bill because it opens
courthouse doors that would be closed to anyone else. Even if Jack Smith had,
say, illegally broken into these senators’ homes and held their families at
gunpoint, it is, again, almost impossible to sue a federal prosecutor. In short,
these are very special boys and girls who want very special rules for
themselves.
Here’s the thing: If Smith had truly violated their constitutional rights there
might be a wisp of a chance that these senators might empathize with others who
have been wronged and change the law. (I know, I know. But I wrote a wisp of a
chance—and by “wisp” I mean ethereal and vaporous, like Tommy Tuberville’s
intellect, or Josh Hawley’s courage.)
But these senators know that what Smith did was perfectly legal. So they changed
the federal law only to benefit the eight of them—and only for this specific
reason.
Oh, and one other thing: Most people only get a year to file their civil rights
lawsuits. The senators made their special law retroactive to 2022.
After public backlash, including from some of their House colleagues who were
presumably angry that they weren’t cut in on the action, a few of the eight
senators have since publicly stated that they don’t plan to take advantage of
the provision.
That’s great, I guess. Sorry you got caught! But if they hadn’t intended to help
themselves to $1 million in taxpayer funding, they wouldn’t have stuck in the
provision and voted for it in the first place. (Note: Some coverage claims the
amount is $500,000, but the language allows them to sue for damages at two
stages in the charging process.) Only Sen. Lindsey Graham said he definitely
plans to sue. Which is extremely Lindsey Graham of him.
This week, the House passed a bill to repeal the authorization. But because the
original bill containing the authorization is now law, the bill to repeal it
must pass the Senate as well. And as we all know, a single senator can block
legislation. And sure enough, a single senator is now blocking the body from
voting on a bill that would keep him from helping himself to at least $1 million
in free money from taxpayers.
Want to guess who he is?
Maya Alleruzzo/AP
As we continue to see the barrage of videos showing Border Patrol and ICE agents
brutalizing undocumented people and US citizens alike, someone inevitably
responds that they can’t wait for the victims to sue the agents for everything
they have. Those lawsuits just aren’t going to happen. Those cops have been
“unleashed” to terrorize as they please. And just in case any of them mistakenly
believe that they should show some restraint, Stephen Miller has assured
them that they have “immunity.”
Meanwhile, if you’re Donald Trump or one of his supporters, you get to crime
with impunity knowing that anyone who attempts to hold you accountable for your
criming will be punished.
As with most things MAGA, it’s tempting to say this is all baldly hypocritical.
But it really isn’t. Hypocrisy would mean that Republicans are willing to
violate their core principles when convenient. But the party really only has one
core principle now: Everything the government does must either benefit Donald
Trump and his allies or punish his enemies. And Republicans are more devoted to
this single principle than either major party has been devoted to anything in my
lifetime.
That isn’t hypocrisy. It’s a cult of personality—and the cult leader happens to
be the president of the United States.
In a wide-ranging Sunday night interview on CBS News’s “60 Minutes,” President
Donald Trump put his desire for unchecked power on full display.
He bragged to correspondent Norah O’Donnell that, thanks to the Insurrection Act
of 1792, he can invade your city whenever he wants. He said immigration
raids—including acts of police violence such as using tear gas in residential
neighborhoods, throwing people to the ground, and breaking car windows—”haven’t
gone far enough.” And he said the government shutdown will last until Democrats
in Congress bend to his will—or until Senate Majority Leader John Thune (R-S.D.)
agrees to eliminate the filibuster, which Thune, so far, has rejected.
Here are some of the biggest takeaways from Trump’s comments on domestic policy:
Trump blamed the shutdown on the Democrats
As the federal government shutdown enters its fifth week—on pace to be the
second-longest in history after the one that stretched from December 2018 into
January 2019—O’Donnell had a straightforward question for Trump: “What are you
doing as president to end the shutdown?” His answer? Blaming the Democrats.
“The Republicans are voting almost unanimously to end it, and the Democrats keep
voting against ending it,” Trump said. “They’ve lost their way,” he added. “They
become crazed lunatics.” Senate Democrats have said they will vote to reopen the
government if the legislation includes an extension of Obamacare subsidies;
without those, the health policy think tank KFF has estimated, average monthly
premiums on people who get their insurance through the ACA marketplace would
more than double.
Trump also claimed Obamacare is “terrible,” adding, “We can make it much less
expensive for people and give them much better health care.” But, yet again, he
failed to outline his alternative. (Remember his “concepts of a plan“?)
> What is President Trump doing to end the government shutdown?
>
> “What we're doing is we keep voting. I mean, the Republicans are voting almost
> unanimously to end, and the Democrats keep voting against ending it,” says
> Trump. pic.twitter.com/f6smwqi8Jn
>
> — 60 Minutes (@60Minutes) November 3, 2025
He defended Immigration and Customs Enforcement’s violent tactics
Citing videos of ICE officers tackling a mother in court, using tear gas in a
residential neighborhood in Chicago, and smashing car windows, O’Donnell asked
Trump if some of the raids have “gone too far?” Trump gave what may have been
his most direct answer of the interview: “No, I think they haven’t gone far
enough,” he said. “We’ve been held back by the judges, by the liberal judges
that were put in [the federal courts] by Biden and by Obama.”
“You’re okay with those tactics?” O’Donnell pressed.
“Yeah, because you have to get the people out,” he replied.
> "I think they haven't gone far enough," says President Trump, defending ICE
> raids. In one case, ICE tackled a young mother and in another tear gas was
> used in a residential neighborhood. pic.twitter.com/b7tEYqWyUv
>
> — 60 Minutes (@60Minutes) November 2, 2025
He bragged that he can send the military into any city, at any time
O’Donnell asked Trump what he meant when, at a speech in Japan last week, he
said: “If we need more than the National Guard, we’ll send more than the
National Guard.” Trump has already sent guard troops into Washington, DC; Los
Angeles; Portland, Ore.; Chicago; and Memphis, Tenn.
Trump seemed delighted to remind O’Donnell and viewers of what he sees as his
vast power: “Well, if you had to send in the Army, or if you had to send in the
Marines, I’d do that in a heartbeat. You know you have a thing called the
Insurrection Act. You know that, right? Do you know that I could use that
immediately, and no judge can even challenge you on that. But I haven’t chosen
to do it because I haven’t felt we need it.”
> “If you had to send in the Army or if you had to send in the Marines, I'd do
> that in a heartbeat,” says President Trump. He has ordered the National Guard
> to five major U.S. cities. https://t.co/GAtK4KJNAf pic.twitter.com/Yx0SoiGDFQ
>
> — 60 Minutes (@60Minutes) November 3, 2025
This is not the first time Trump has threatened to use the Insurrection Act,
which allows the president to override federal law that prohibits the military
from acting as law enforcement, in order to “suppress rebellion.” But the law
has not been used in more than three decades and is widely seen by legal experts
as having a frightening potential for abuse.
“So you’re going to send the military into American cities?” O’Donnell pressed.
“Well, if I wanted to, I could, if I want to use the Insurrection Act,” Trump
responded. “The Insurrection Act has been used routinely by presidents, and if I
needed it, that would mean I could bring in the Army, the Marines, I could bring
in whoever I want, but I haven’t chosen to use it. I hope you give me credit for
that.”
He claimed he has been “mild-mannered” when it comes to political retribution
In only nine months, Trump has made good on his long-running promise to
prosecute his political enemies, including former FBI Director James Comey,
former National Security Advisor John Bolton, and New York Attorney General
Letitia James. “There’s a pattern to these names. They’re all public figures who
have publicly denounced you. Is it political retribution?” O’Donnell asked.
Trump promptly played the victim: “You know who got indicted? The man you’re
looking at,” he replied. “I got indicted and I was innocent, and here I am,
because I was able to beat all of the nonsense that was thrown at me.” (He was,
indeed, found guilty in New York last year on 34 felony counts in the Stormy
Daniels hush-money case.)
> “I think I've been very mild-mannered. You're looking at a man who was
> indicted many times, and I had to beat the rap,” says President Trump after
> the recent indictments of high-profile figures who have publicly denounced
> him. https://t.co/XHoIr77Eh1 pic.twitter.com/tLH0fxW2wI
>
> — 60 Minutes (@60Minutes) November 3, 2025
Despite posting a Truth Social message in September demanding that Attorney
General Pam Bondi speed up the prosecutions, just days before Comey was indicted
and a couple weeks before Bolton and James were, Trump insisted he did not
instruct the Department of Justice to pursue them. “No, you don’t have to
instruct them, because they were so dirty, they were so crooked, they were so
corrupt,” he said, proceeding to praise the work of Bondi and FBI Director Kash
Patel.
“I think I’ve been very mild-mannered,” Trump continued. “You’re looking at a
man who was indicted many times, and I had to beat the rap, otherwise I couldn’t
have run for president.”
He think he’s “better looking” than Zohran Mamdani
Trump insisted that the frontrunner in New York City’s Tuesday mayoral election,
34-year-old self-described Democratic Socialist Zohran Mamdani, is a
“Communist.” When O’Donnell asked Trump what he makes of comparisons between
himself and Mamdani—”charismatic, breaking the old rules,” as O’Donnell put
it—Trump replied: “I think I’m a much better-looking person than him.”
He then reiterated his threat to withhold federal funding from his home city if
Mamdani wins over ex-Gov. Andrew Cuomo. “It’s going to be hard for me as the
president to give a lot of money to New York, because if you have a Communist
running New York, all you’re doing is wasting the money you’re sending there,”
Trump said.
He claimed that he is “not a fan of Cuomo one way or the other,” but added, “If
it’s going to be between a bad Democrat and a Communist, I’m going to pick the
bad Democrat all the time, to be honest with you.”
> Some have called Zohran Mamdani, the Democratic socialist front-runner for New
> York City mayor, a left-wing version of President Trump.
>
> "I think I'm a much better looking person than him," says Trump, after calling
> Mamdani a "communist." pic.twitter.com/p9FDWNcoGs
>
> — 60 Minutes (@60Minutes) November 2, 2025
On Tuesday, shortly after the New York Times reported that President Donald
Trump is demanding $230 million from the Department of Justice (DOJ) to
reimburse him for legal costs related to earlier federal investigations against
him, the president claimed he would donate any such funds to charity. “I’m not
looking for money,” he told reporters. “I’d give it to charity or something. I
would give it to charity, any money.”
Trump, almost as if unable to resist, then framed the demand as satisfying a
personal grudge. “But look what they did,” he said, referring to the federal
investigations against him. “They rigged the election.”
Does Trump grasp the impropriety at play? His bid to appear magnanimous suggests
that he knows it doesn’t look good for a president to shake down the Justice
Department for taxpayer money, particularly amid a shutdown, and especially as
his administration slashes Medicaid and food stamps.
His effort to put a generous spin on this blatant grift—there is no compelling
evidence that the DOJ’s investigations were launched improperly—belies Trump’s
long, sordid history of stiffing contractors, and, even more notoriously, the
court-ordered dissolution of his namesake charitable arm over a “shocking
pattern of illegality.”
Let’s revisit some of that history, starting with the Trump Foundation, his
tax-exempt nonprofit.
In 2019, a New York judge ordered the foundation to pay $2 million to an array
of charities—and then shut itself down—after determining that Trump, along his
children Don Jr., Eric, and Ivanka, misused the foundation to further their
political and business interests.
That ruling came after various indications that Trump was misusing the
organization. In January 2016, while running for president, he claimed during a
fundraiser for veterans’ causes that he had personally donated $1 million via
the foundation. After reporters revealed that no record of such a donation
existed, Trump belatedly ponied up that amount to a foundation supporting fallen
Marines and police officers.
Subsequent reporting by the Washington Post found that Trump had pledged more
than $8.5 million to various charities over the previous 15 years, but had only
delivered on a third of it.
In 2022, Trump’s 2017 inaugural committee, another nonprofit controlled by the
president, along with his business, the Trump Organization, agreed to
pay $750,000 to settle a lawsuit brought by the DC attorney general charging
that the committee illegally misused funds to enrich the Trump family by
“grossly overpaying” his companies “for use of event space at the Trump Hotel
for certain inaugural events.”
Trump’s latest nonprofit, a foundation supposedly set up to oversee his planned
presidential library, is already flashing warning signs. Trump and his aides
have claimed that various donations he has received while president—including
funds left over from the record $250 million his 2025 inaugural committee raised
from corporations; proceeds from $1 million-a-plate fundraising dinners and $5
million one-on-one meetings with the president; and the large settlements that
Meta, Disney, and Paramount have paid to settle seemingly extortionary Trump
lawsuits—will go to the library.
Trump even claimed the $400 million plane that Qatar gifted him, and which the
Air Force is spending heavily to upgrade, will go to the library when he leaves
office.
But it isn’t clear as yet which, if any, funds or other valuables have been
transferred to the library foundation. The organization was incorporated in May
with the president’s son Eric; Michael Boulos, the husband of Trump’s daughter
Tiffany; and a lawyer who works for the president in New York serving as
trustees. This suggest the foundation will be controlled by Trump’s family, not
independent outsiders.
Already, the State of Florida has attempted to transfer valuable property in
Miami to the foundation for a library site that also could host a hotel, condos,
or other commercial ventures that could benefit the president and his family
financially. (A judge temporarily halted the transfer last week in response to a
lawsuit challenging its legality. ) Any assets that do make it into the
foundation’s coffers can be used, legally in most cases, to pay salaries to
Trump family members, provide them with free office space, and fund certain
travel, experts told Mother Jones.
Trump’s abysmal track record extends to his commercial activities as well. In
2016, hundreds of contractors—from carpenters, painters, and plumbers to
corporate law firms—accused the then-presidential candidate of failing to pay
bills he owed. Even his former personal lawyer, Rudy Giuliani, has publicly
complained that the president barely paid him for his legal work.
If Trump does manage to coerce a settlement out of his loyal DOJ appointees—a
prospect made more likely by the fact that one of them, Deputy Attorney
General Todd Blanche, uset to be his personal lawyer—there’s nothing to indicate
it’ll be used to pay anyone but himself.
President Donald Trump is demanding that the Justice Department transfer $230
million in taxpayer dollars into his own personal bank account. He can do this,
because thanks to the Supreme Court’s recent decisions, the executive branch
could accurately be described by King Louis XIV—L’état, c’est Trump.
> When Trump says this is his decision to make, he’s probably right.
At first you might think, ‘Can he do that? Can he just shakedown the DOJ for
roughly a quarter of a billion dollars?’ And then you think about the Supreme
Court opinions under Chief Justice John Roberts, in which the court has shifted
the fundamental structure of American government such that federal agencies,
including the Justice Department, are mere extensions of the president’s will.
Trump, always on the lookout for the next grift, understands the immense power
this bestows on him.
The colossal cash transfer he is demanding is being described as compensation
for investigations the department launched into Russia’s interventions in the
2016 election and Trump’s absconding with classified documents after his first
term. Now that he’s back in the White House, Trump plans to make the government
pay for its appropriate use of its ability to investigate and prosecute to
safeguard our democracy. And he grasps the fact that he has the absolute power
to do that.
“With the country, it’s interesting, because I’m the one that makes the
decision,” Trump said Tuesday, responding to news of the impending payments.
“That decision would have to go across my desk. And it’s awfully strange to make
a decision where I’m paying myself.”
> Trump: "It's awfully strange to make a decision where I'm paying myself. But I
> was damaged very greatly and any money I would get I would give to charity."
>
> — Aaron Rupar (@atrupar.com) 2025-10-21T21:17:21.012Z
Strange indeed—especially since, technically, it is senior Justice Department
officials who would officially sign off on the payments, not the president:
Breaking the story on Tuesday, the New York Times framed the ethical conflict
around the fact that several of the DOJ officials who could sign off on the
payments were formerly Trump’s personal lawyers.
That’s corruption, of course, but in the old school way of putting cronies in a
position to help you. But we’re in a new world now, and Trump himself gets this:
He decides, because he effectively controls every decision made at every agency
(with the possible exception of the Federal Reserve). If he doesn’t like a
decision, he can fire the person responsible. Their desk is now his desk.
Don’t just take it from him: the Supreme Court said so. In a series of opinions,
Chief Justice John Roberts has reinterpreted the Constitution to give Trump this
power. This warping of our constitutional order is known as the unitary
executive theory, and it posits that the framers gave the president complete
control over the executive branch. Last summer, Roberts authored the infamous
immunity decision, Trump’s forever Get Out of Jail Free card, which protected
presidents from virtually all prosecution for official acts. That decision not
only permitted Trump to break the law, it also gave him unfettered control over
the investigative and prosecutorial functions of the DOJ—which presumably
includes issuing payments to those he claims should be compensated for
investigations gone awry. Which all is to say that when Trump says this is his
decision to make, he’s probably right.
As Roberts has handed the presidency more and more power over every inch of the
government, he has never copped to the fact that he was enabling corruption,
theft, or autocracy. Absurdly, he claimed to be increasing democratic
accountability. “The framers made the president the most democratic and
politically accountable official in government,” he wrote in a 2020 decision,
because “only the president (along with the vice president) is elected by the
entire nation.” It’s hard to take this with a straight face; the electoral
college allows a president to win fewer votes and still assume office, and a
president in his second term will not face voters again. (Although Trump may
try.)
Undeterred by these facts, Roberts wrote in a 2021 case that all executive
branch decisions are ultimately the president’s to make: The executive power
“acquires its legitimacy and accountability to the public through ‘a clear and
effective chain of command’ down from the President, on whom all the people
vote.”
The absurdity of Roberts’ decision was laid bare Tuesday: The president gets to
pay himself hundreds of millions in taxpayer dollars, because he controls all
executive branch personnel and all of their decisions, and there’s probably
nothing anyone can do about it. It sure doesn’t feel like our democratic
accountability has increased. Of course, Congress could and should pass a law
prohibiting such payments, and dare the Supreme Court to strike it down—but this
Congress is unlikely to do even that bare minimum in response.
What’s to stop Trump from paying allies the same way? Have them file a complaint
with DOJ over some legal skirmish, and then order the department to pay them
their reward. If Trump gains control of the Federal Reserve—as he is asking the
Supreme Court to give him—he could similarly transform the country’s central
bank into his own “bottomless slush fund,” as the Atlantic’s Rogé Karma reported
last month. He could use the Fed to pay his businesses, his friends, and his
donors. He could even keep ICE’s operations active by hiring private contractors
during a government shutdown, Karma points out, circumventing Congress’ power of
the purse.
If Trump will transfer a quarter billion dollars from the taxpayers to himself,
it’s clear that he wouldn’t shy away from any of these uses—and probably find
more ways to profit that we haven’t even dreamt.
Roberts can claim that he’s expanding democratic accountability. But at this
point, we can all see the mess he’s created. A man who takes from the voters to
line his pockets is not feeling all that accountable to anyone.
Earlier this year, Mother Jones published an article headlined “10 Ways to
Enrich the Trumps and the MAGA Movement.”
Examples included buying crypto with the proceeds filling Trump family pockets,
paying up to a million dollars to a Trump PAC for access to the president,
shelling out excessive settlements to end dubious lawsuits filed by the
president, paying Melania Trump $40 million for a film about her—and ponying up
funds, or a plane, supposedly for Trump’s presidential library, that could
benefit Trump himself.
We failed, though, to consider that the president might simply force the US
government, i.e. us taxpayers, to straight-up pay him hundreds of millions of
dollars in compensation for the offense of investigating him for crimes.
The New York Times reported Tuesday that Trump “is demanding that the Justice
Department pay him about $230 million in compensation for the federal
investigations into him.” Those are DOJ probes into connections between Trump’s
2016 campaign and Russian intelligence activities intended to help him win that
election, and Trump’s alleged violation of the Espionage Act, and other laws, by
evading Justice Department efforts to recover highly classified documents that
Trump lifted from the White House when he left office in 2021, some of which he
apparently stored in a Mar-a-Lago bathroom.
The Mar-a-Lago case, which included a 2022 FBI raid of that property that Trump
takes particular exception to, resulted in Trump’s 2023 indictment on dozens of
counts. The case was later thrown out on a technicality by infamously pro-Trump
Judge Aileen Cannon, a ruling that DOJ was appealing when Trump’s election
effectively ended the case.
Whether Trump will get his payout is officially up to DOJ’s Deputy Attorney
General, or the Associate Attorney General who oversees the agency’s civil
division. Those jobs are held respectively by Todd Blanche, a former Trump
lawyer who represented Trump on the Mar-a-Lago case, and Stanley Woodward, who
represented a Trump co-defendant in that case, along with various current Trump
aides.
The Times story needs little elaboration. It quotes an ethics professor, Bennett
Gershman, of Pace University, who said, “The ethical conflict is just so basic
and fundamental, you don’t need a law professor to explain it.”
But it’s worth noting that Trump is reportedly demanding a massive personal
payment from the government he oversees after enacting legislation that slashed
funding for Medicaid benefits and food stamps that benefit the poorest
Americans. Meanwhile his administration is imposing legally questionable
reductions in congressionally-approved funding for medical research and various
other federal programs.
This year, amid a steady stream of reports on Trump and his family’s efforts to
profit from his presidency, the White House has affected indignation, asserting
that the presidency is actually costing Trump money.
“I think it’s frankly ridiculous that anyone in this room would even suggest
that President Trump is doing anything for his own benefit,” White House Press
Secretary Karoline Leavitt said during a May 9 media briefing. “He left a life
of luxury and a life of running a very successful real estate empire for public
service, not just once but twice.”
Asked Tuesday if Leavitt stood by that statement, the White House press office
referred questions to the Justice Department and Trump’s personal attorneys,
adding: “This is not a request for the WH.”
Ghislaine Maxwell has delighted MAGA loyalists by asserting that she never saw
the man she is hoping will spring her from a 20-year prison sentence “in any
inappropriate setting” throughout the years he spent hanging out with the late
convicted sex trafficker and pedophile Jeffrey Epstein.
But Maxwell, convicted of sex trafficking minors and conspiracy, among other
charges, whom Trump has already rewarded with a move to a minimum-security
prison camp, went further than that, according to transcripts of her interviews
with Justice Department officials released Friday.
“I never, ever saw any man doing something inappropriate with a woman of any
age,” she said, referring to her years of interactions with men who socialized
with Epstein, her former companion. “I never saw inappropriate habits.”
“That would be a flat no to any man,” she added.
Maxwell was interviewed over two days by Deputy Attorney General Todd Blanche,
whose past work as Trump’s personal attorney appears to create a sizeable
conflict of interest. The former socialite continues to deny her own guilt in
lining up sexual partners for Epstein, many of them underage, and is appealing
her conviction. In her sessions with Blanche, conducted in July, she offered
similarly worded exonerations of many of the prominent men whose relationships
with Epstein have prompted accusations of wrongdoing. Nor, she said, was there
any kind of a client list or instances of Epstein recording the men for whom he
arranged sexual encounters.
Maxwell was bipartisan with her exonerations, claiming former president Bill
Clinton, contrary to widespread speculation, was not close to Epstein, and did
not visit Epstein’s notorious private island in the Caribbean.
“Absolutely never went,” she said. “And I can be sure of that because there’s no
way he would’ve gone—I don’t believe there’s any way that he would’ve gone to
the island, had I not been there. Because I don’t believe he had an independent
friendship, if you will, with Epstein.”
“President Clinton was my friend, not Epstein’s friend,” Maxwell said.
Maxwell disputed claims by Epstein’s victim Virginia Giuffre—who died by suicide
in 2025—that Prince Andrew, the brother of Britain’s King Charles, raped Giuffre
during visits to an Epstein property, claiming the two never even met. (Andrew
settled a lawsuit filed by Giuffre without admitting liability.)
What about the famous defense attorney and Harvard Law School professor Alan
Dershowitz, who represented Epstein? Giuffre had leveled and then later
retracted accusations against him that involved massages and a bathrobe. Did he,
Blanche asked, ever do “anything inappropriate?”
“Absolutely not,” Maxwell said. “I don’t remember anything about him ever
getting massaged. I don’t ever have any recall, I don’t believe I ever even saw
him in a bathrobe. I have no knowledge of that.”
Nor did Maxwell recall if former Treasury Secretary Larry Summers, who
socialized with Epstein while Summers was the president of Harvard University
and Epstein was a donor, traveled on Epstein’s plane.
Blanche pressed Maxwell on a host of other famous men, including brothers Andrew
and Chris Cuomo, the late Massachusetts senator Ted Kennedy, and former
Secretary of State John Kerry. Despite speculation, Maxwell said Epstein knew
none of them. Blanche even asked about George Soros, the billionaire financier,
who features in a variety of far-right, antisemitic conspiracy theories,
including some involving Epstein.
“I don’t think [Epstein] knew him,” Maxwell said.
One exception, however, is Robert Kennedy Jr., now the Health and Human Services
Secretary. Maxwell said that Kennedy had joined Epstein on a “dinosaur bone
hunting trip in the Dakotas in the 1980s. But, as with all the others: “I never
saw anything inappropriate with Mr. Kennedy.”
Maxwell also said that she does not recall a suggestive birthday note that the
Wall Street Journal reported Trump sent Epstein for his 50th birthday in 2003.
Trump denies sending the letter and has sued the paper over its report. Maxwell
does remember creating the “birthday book” for Epstein, which was reportedly
filled with notes and testimonials from such luminaries as Clinton, Dershowitz,
and financier Leon Black. The idea, Maxwell said, came from her mother. But she
asserted that she could not remember whether Trump, or anyone specific,
contributed.
“It’s been so long,” Maxwell said when asked to recall the names of contributors
to the book. “I want to tell you, but I don’t remember.”
The trade here is obvious. Memory lapses that assist the pardon-happy president
try to move past speculation about his own involvement with late pedophile is
Maxwell’s best bet for getting out of prison. Indeed, federal prosecutors said
Maxwell lied “brazenly” under oath during her 2021 trial, has every reason to
fib about Trump now. But laying it on so thick, in such a nakedly transactional
exchange, may have the opposite of its intended outcome.
The Trump administration’s campaign of vengeance against perceived political
enemies escalated Friday morning when the FBI raided the home and office of
former national security adviser John Bolton, a vocal Trump critic.
That search follows Attorney General Pam Bondi directing federal prosecutors to
open a criminal investigation into whether former President Barack Obama and his
aides concocted evidence about Russia’s efforts to help Trump in the 2016
election. Last month, the Justice Department said it was separately
investigating former CIA Director John Brennan and former FBI Director James
Comey, without specifying the allegations. Meanwhile, loyal Trump underlings—
including DOJ official Ed Martin and Bill Pulte, a real estate heir running the
Federal Housing Finance Agency—are using government power, along with social
media gimmickry, to allege wrongdoing by frequent Trump foils.
The various investigations may differ in their legitimacy. But they are all the
manifestation of Trump’s promises to use the White House to prosecute his
enemies. The threat of an authoritarian president using his office and control
of federal law enforcement to try to imprison critics is not hypothetical. It is
happening, as Trump advisers race to please him by launching probes aimed at his
foes.
These efforts are predicated on concocted claims that it was the
administration’s Democratic predecessors who misused federal agencies for
politics. The Trump administration is politicizing intelligence, law
enforcement, and other government functions while pretending to be punishing
politicization, as with the ironically named “Weaponization Working Group” that
Martin now leads. That can feel a bit confusing, but it is more easily
understood as a string of efforts by individual Trump advisers to their please
boss by helping him crack down on dissent and deliver retribution.
Director of National Intelligence Tulsi Gabbard’s report on “Russiagate” was
widely derided, but it came following reports that suggested Trump was
considering firing her after she contradicted his claims about the danger of
Iran’s nuclear program. The former Democratic representative appears to have
protected her job by handing Trump a report that helped him try to shift
attention amid scrutiny of his relationship with pedophile Jeffrey Epstein.
Bondi, too, has faced withering attacks from within MAGA over her botched
handling the Epstein scandal. Her quickly launched investigation aimed at Obama
may never meet the standards of federal judges, but it made her boss happy.
The search of Bolton’s home required a judge to find probable cause to issue a
warrant. The FBI is reportedly looking into accusations that Bolton, who was
investigated during the first Trump administration for revealing sensitive
information in a book, had leaked national security information more recently.
Trump on Friday claimed he was not aware beforehand of the Bolton raid. But that
claim, true or not, overlooks the reality that various Trump advisers appear to
be using attacks on his enemies to win or keep the mercurial president’s favor.
Vice President J.D. Vance even weighed in on Bolton Friday. “If we think
Ambassador Bolton committed a crime, of course eventually prosecutions will
come,” Vance told NBC’s Meet the Press. Vance added that “classified documents
are certainly part of it, but I think that there’s a broad concern about
Ambassador Bolton.”
FBI director Kash Patel—who attacked Bolton in a 2024 book, complaining at
length that Bolton had dragged his feet on hiring him during the first Trump
administration—tweeted about the raid at the time it occurred, writing: “NO ONE
is above the law…@FBI agents on mission.” Bondi then reposted Patel, adding, in
part: “Justice will be pursued. Always.”
Such public pronouncements were once unusual for DOJ officials. But they are
increasingly standard under Trump. Martin, who got his current position after
the Senate declined to confirm him as US attorney for DC, is seeking
presidential favor through highly public, if legally dubious, campaigns. He said
in a May press conference that he planned to use publicity to attack Trump foes.
“If they can be charged, we’ll charge them,” he declared. “But if they can’t be
charged, we will name them. And we will name them, and in a culture that
respects shame, they should be people that are ashamed.”
Earlier this week, Martin appeared outside the Brooklyn home of New York
Attorney General Letita James, where—clad in the trench coat he has attempted to
make his signature—he posed for pictures taken by the New York Post, all part of
an effort to call attention to claims that James committed fraud in private real
estate dealings. In a letter to James’ lawyer, Martin said he would consider it
“an act of good faith” if James resigned.
The New York Times recently noted that Martin’s actions violate a slew of DOJ
rules and norms: “Prosecutors are barred from making investigative decisions
based on politics; they are asked not to comment on specific cases; and they are
supposed to avoid turning their investigations into public spectacles.”
But Martin took a similar tack this week in a letter he reportedly sent Federal
Reserve Chair Jerome Powell urging him to fire Lisa Cook, a Federal Reserve
Board member, over allegations that Cook had improperly claimed a property she
owns in Atlanta as her residence. “Do it today before it is too late!” Martin
wrote.
The allegations against Cook came from Pulte, the 37-year-old head of an agency
that oversees Fannie Mae and Freddie Mac. Pulte has used his post to highlight
unproven mortgage fraud accusations against James, Cook, and Sen. Adam Schiff
(D-Calif.) and has issued letters asking the DOJ to investigate. (All three have
denied breaking the law.) Martin reportedly met with Pulte early this month.
Pulte, who has 3 million followers on X, posted recently that he had “obtained”
a document submitted to the government that he claims shows Cook committed
fraud. Pulte’s accusation was quickly taken up by Trump, who is attempting to
gain control of the Federal Reserve and oust Powell before his term ends, in
effort to push for lower interest rates.
Bloomberg reported Friday that Pulte, who has been “struggling” to maintain
influence with the White House” amid irritation by some officials there over his
bombastic online behavior—including his habit of announcing significant policy
changes via tweet—had returned to favor with the president through his attacks
on Cook.
Trump’s efforts to target his critics also got help earlier this month from the
Office of Special Counsel, or OSC, a small independent agency charged with
enforcing federal rules. The office, which is not part of DOJ, announced that it
was investigating whether Jack Smith, the federal prosecutor who twice indicted
Trump, had violated a law barring federal workers from using their government
jobs to engage in political activity.
Since the strongest sanction OSC can apply is to urge the firing of a federal
employee, it cannot impose any real penalty on Smith, who resigned from his post
in January. But the agency—whose previous head Trump fired earlier this year,
and where Trump has tried to install a far-right loyalist—appears eager to
ingratiate itself with the president.
Such efforts show how a president can attack officials he wants to oust—and how
the vast powers of a sprawling federal government can be wielded against his
critics. These attacks certainly reflect Trump’s own pathology. But they would
be impossible without the collaboration of influence-seeking enablers using
public positions to enact Trump’s vengeance agenda.