Trump’s DOJ ready to hit the war path (2 Viewers)

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I don't think there's any way to stop it - there are standards for abuse of process but they require pretty egregious behavior. Prosecutors generally have a pretty broad latitude, in part because for the most part prosecutors are generally presumed to be acting in the interest of the law and the state (although that's not always been true throughout history, this wouldn't be the first time it would be abused).

But I don't think the investigations typically cost the subjects a lot of time and money.
But it will certainly stifle oppositional speech, correct? Which is probably the goal. Can anyone sue the DOJ over being investigated spuriously?
 
But it will certainly stifle oppositional speech, correct? Which is probably the goal. Can anyone sue the DOJ over being investigated spuriously?

We really don't know to what lengths they will actually go - certainly Rep. Garcia isn't stifled.

But I don't know if it will stifle oppositional speech - at least not in Congress, unless the people involved are up to shady things and then the feds get leverage. That's basically what J. Edgar Hoover did against "enemies of the state" for decades . . . use the FBI to find dirt on them and then use that as political leverage.

Some of that history did lead to the development of standards for lawsuits, and yes, DOJ can be sued for malicious prosecution or abuse or process but the elements are pretty stringent. For example, for a malicious prosecution claim, DOJ must actually file charges or some kind of action against the subject. Abuse of process appears to be broader in nature - but has required elements including that the process allegedly abused actually harmed the subject in a demonstrable way.

There's also just the possibility of sanctions in a more ordinary sense. I certainly don't put it past them to engage in some questionable or even illegal activity but resistance seems fairly well mobilized at this point and at least in DC where Martin is, the federal bench isn't going to be very lenient with that kind of thing. I don't think this DOJ has the benefit of the doubt in that court.
 
A federal judge has vacated the upcoming trial date for New York City Mayor Eric Adams, but declined to immediately dismiss the charges all together in a case that has roiled the Justice Department.

Judge Dale Ho, instead, is appointing conservative attorney Paul Clement to present arguments challenging the Justice Department’s decision to drop charges against Adams and as he explores what his options are and if a dismissal is in the public interest.
The Justice Department was represented earlier this week by acting Deputy Attorney General Emil Bove, one of Trump’s former personal attorneys, after protests from DOJ prosecutors. Bove defended the motion to drop charges against Adams, stressing that the DOJ headquarters has prosecutorial discretion and a prosecution of Adams interferes with the Trump administration’s immigration initiatives in New York City. He also pushed back against claims of a quid pro quo between Adams and the Trump administration.

Bove added at one point, unprompted, “I want to be clear I think the only question is whether there’s any basis to believe that I made these representations to the court in bad faith, and the answer to that is absolutely not.”
Bove sounds like a man that knows he's on very thin ice!
 

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