Would Justice Department and FBI officials carry out Trump’s prosecutions of his rivals? PANIC IN DC
Former officials fear Trump would force out DOJ and FBI officials who defy him and replace them with loyalists. Chaos, division and paralysis could ensue.1/3NBC panicked over prosecution of democrats.
Oct. 31, 2024, 4:43 PM EDTBy David Rohde and Ken “CIA” Dilanian
Since he entered the 2024 race, Donald Trump has called for the criminal prosecution of at least 16 rival politicians and 15 law enforcement, military and intelligence officials — according to an NBC News review of his public comments — not to mention workers at two federal public health agencies, two tech billionaires, Google and as any lawyers, campaign donors and political operatives who engage in what the former president has called “unscrupulous behavior” in the election.
• A separate recent review by National Public Radio found that Trump had issued threats of prosecution more than 100 times.
• But could Trump actually carry out prosecutions of such unprecedented breadth and sweep? And, if so, how would it work?
• To understand how that might play out, NBC News interviewed multiple current and former Justice Department and FBI officials, as well as legal experts.
All agreed that what Trump is proposing would shatter 50 years of post-Watergate norms dictating that federal prosecutors don’t take orders from the president regarding criminal investigations. Those rules were designed to prevent a repeat of the abuses of Richard Nixon, who improperly used the Justice Department to punish his political enemies.
But there are ways around the guardrails, the current and former officials said, making it possible for Trump to transform the department into an instrument through which to exact revenge on his political opponents.
“A corrupt U.S. attorney with one corrupt prosecutor can do enormous damage,” said Joyce Vance, who was the U.S. attorney in Alabama and is an NBC News legal analyst.
A new president appoints roughly 300 senior Justice Department officials, including the U.S. attorneys who run offices across the country. All 300 must be confirmed by the Senate, but multiple former Justice Department officials said they fear Trump would install partisans willing to do his bidding.
The U.S. attorneys typically rely on lower-level career prosecutors to do critical investigative work behind the scenes. They can’t be easily fired under current guidelines. But those who resist going along with investigations would face enormous pressure. Some might resign.
In situations where there was resistance, Trump could appoint a special counsel to carry out prosecutions he calls for.
“My fear is that what happens is that the good people will resign,” said Barbara McQuade, a former federal prosecutor and NBC News legal analyst. “Who do they replace them with? People who will go along with illegal orders.”
One of Trump’s more far-reaching proposals, known as Schedule F, calls for the reclassifying the roughly 50,000 career civil servants across the federal government so they can be hired, promoted and fired by Trump and his inner circle.
Even if Trump didn’t take such a drastic step, the officials and experts said, the likely outcome of the upheaval would be an even more extreme version of the chaos, division and protracted legal battles that marked his first term. That would slow the work of the Justice Department, which conducts prosecutions nationwide and oversees the FBI; the Drug Enforcement Administration; the Bureau of Alcohol, Tobacco, Firearms and Explosives; all federal prisons; and multiple other federal law enforcement agencies.
“It’s a recipe for bringing to a standstill all of the unquestionably essential national security work that needs to be done by DOJ and FBI,” warned a former Justice Department official who asked not to be named, citing fear of retaliation.
A former U.S. attorney who asked not to be named added that a version of that chaos is already unfolding in Trump’s transition team, where hard-line Trump supporters are calling for unprecedented use of the Justice Department and the FBI and more mainstream Republicans are resisting such steps.
(https://www.nbcnews.com/politics/national-security/will-justice-department-fbi-officials-carry-trumps-prosecutions-rivals-rcna175650