A number of present and past officials from the Department of Justice and the FBI are starting to brace for possible profiling by loyalists of President-elect Donald Trump.
Fears regarding criminal probes under the Trump administration reportedly escalated following Trump’s selection of Matt Gaetz for the role of Attorney General.
During his campaign for the 2024 presidency, Trump and his supporters consistently criticized the plethora of adversaries and criminal investigations aimed at him, deeming them politically charged and asserting that the DOJ and FBI personnel involved warrant prosecution.
Conversely, individuals at the DOJ and FBI contend that the inquiries were conducted according to protocol, having received indictments from federal grand juries against Trump concerning his presumed mishandling of classified materials and attempts to undermine the 2020 election.
“Everything we executed was transparent,” a former senior FBI member stated to NBC News. “Yet, this is a different era.”
While he expressed skepticism about the efficacy of any prosecution attempt against him, he—and several colleagues—have begun reaching out to attorneys in preparation for potential protracted legal disputes and congressional scrutiny.
Other officials have reportedly conveyed their bewilderment regarding the legal grounds for any prospective prosecution.
“There isn’t a crime,” a current official remarked to the publication. “What crime exists?”
Conservative lawyer and Trump associate Mike Davis has contended that special counsel Jack Smith might be liable for conspiracy against rights, a charge Smith leveled against Trump regarding the 2020 election.
Ilya Somin, a law professor at George Mason University, dismissed Davis’ assertion as “ridiculous.”
“I cannot identify any valid accusation that could be made against Smith,” he remarked, noting that a prosecutor might investigate an official over an extended term to discover inconsistent infractions of federal statutes pertaining to minor offenses.
“If you consider it, a significant proportion of adult Americans have likely contravened federal laws, such as partaking in marijuana use, at some stage of their lives,” Somin noted.
Regardless of any alleged offenses, legal analysts assert that Trump’s aim in scrutinizing those who probe him is to instill fear among those who scrutinize his actions.
“Trump seeks to eliminate sources of authority that may hinder his interests…,” commented Stephen Gillers, an ethics professor at New York University Law School. “He will not allow any obstruction when the department’s choices align with Trump’s advantages or when its authority can be utilized to retaliate against his opponents.”
In selecting Gaetz, one former DOJ official suggested, the president-elect is “sure that Gaetz will comply with whatever Trump instructs him to do.”
“He must have control over the department, which he can achieve through an Attorney General loyal to him,” the former official added.
Gaetz, who previously faced a federal investigation related to sex trafficking that concluded without charges, “recognizes that he owes his career to Trump, who can also shield Gaetz via his pardon privileges.”