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Trump’s Justice Department faces his own ‘vindictive prosecution’ defense

TLDR:

  • President Trump once claimed vindictive prosecution in his own criminal case, but a judge rejected his argument
  • Now three defendants are using the same defense against Trump’s Justice Department, with one judge already finding “some evidence of vindictiveness”
  • Former FBI Director James Comey, Rep. LaMonica McIver, and illegal immigrant Kilmar Abrego Garcia all claim they’re being prosecuted for revenge
  • More than 100 former Justice Department officials, including ex-Attorney General Eric Holder, warn the prosecutions threaten internal safeguards

President Trump’s Justice Department is facing the same vindictive prosecution claims he once made in his own defense — and this time, the arguments may be sticking.

Three high-profile defendants have moved to dismiss their cases, arguing they’re being prosecuted as punishment. In Tennessee, U.S. District Judge Waverly Crenshaw already found “some evidence of vindictiveness” in the case against Kilmar Abrego Garcia, the country’s most prominent illegal immigrant, and ordered a hearing.

Former FBI Director James Comey says his perjury case was brought to satisfy Mr. Trump’s “overt hostility” toward him. Rep. LaMonica McIver, a New Jersey Democrat, claims her case is meant to intimidate Congress into backing off Immigration and Customs Enforcement.

Experts called it a startling — and likely record — pace of such claims.

“The pattern is very clear. These are prosecutions that are done to serve the president, to satisfy his desire for revenge,” said Bennet L. Gershman, a former prosecutor and Pace University law professor.

More than 100 former Justice Department lawyers, including Mr. Holder, filed a brief backing Mr. Comey’s argument.

The irony: When special counsel Jack Smith charged Mr. Trump over the 2020 election, the president claimed vindictive prosecution. Judge Tanya S. Chutkan rejected his argument, saying there was no evidence.

Read more:

Trump’s vindictive streak could bite him in court


This article is written with the assistance of generative artificial intelligence based solely on Washington Times original reporting and wire services. For more information, please read our AI policy or contact Ann Wog, Managing Editor for Digital, at awog@washingtontimes.com


The Washington Times AI Ethics Newsroom Committee can be reached at aispotlight@washingtontimes.com.

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