Democrats leap as Justice Department stumbles in failed prosecutions

The Trump administration has spent a considerable amount of time and effort actively pursuing an array of the president’s purported “enemies,” frequently targeting Democratic notables with histories of clashing with this White House. While the bulk of these actions have come in the form of bombastic Justice Department proclamations and hastily pursued prosecutions, many have failed to gain serious traction, as judges and juries have rejected efforts to criminally convict the president’s political adversaries. As the DOJ stumbles in its pushes for punishment, some Democrats have begun to embrace the attention, leveraging the missteps for their own political purposes.

Democrats notched a “significant legal win” after the Justice Department failed to secure criminal charges against six lawmakers, including Sen. Mark Kelly (D-Ariz.), who recorded a video reminding military members of their obligation to reject illegal orders, said Politico. Now those six are “looking to gain political momentum” and “build their campaign war chests” after the experience. Given the “attention-driven political economy” in which Washington now operates, President Donald Trump’s attacks have become a “valuable boost” to Democrats, including some with an “eye toward future leadership positions in the party.”

“Sitting down and taking it and being quiet doesn’t actually make you safer,” said Sen. Elissa Slotkin (D-Mich.), one of the Democrats targeted over the video, to Roll Call. “Going on offense” seems the “only way to get their attention.” Trump officials who think they’re “going to intimidate us and threaten and bully me into silence, and they’re going to go after political opponents and get us to back down,” have “another thing coming,” Rep. Jason Crow (D-Colo.), who also appeared in the video, said to Punchbowl News. “The tide is turning.”

There has always been a risk that Trump’s “politicized prosecutions will backfire,” both by “empowering the political martyrs they create” and by “exposing their own corruption,” said Emptywheel. A new suite of legal motions from Rep. LaMonica McIver (D-N.J.), charged late last year by the DOJ for allegedly assaulting a federal immigration official during her effort to conduct an oversight visit at a Newark detention facility, suggests such a backfiring “may soon happen.”

The dynamic of Democrats facing overt hostility from Trump’s Justice Department and then seeking to capitalize on it was on display this week during Attorney General Pam Bondi’s testimony to the House Judiciary Committee. Bondi’s “hostile performance” in many ways “played directly into Democrats’ hands,” Politico said. Democrats and “even some Republicans” believe “privately” that Bondi’s appearance will “probably help the Democrats during the fall midterm elections,” said Salon.

What next?

Beyond raising profiles and elevating potential political martyrs, Trump’s attacks on Democrats “often serve as their best fundraising tool,” said Politico. Oftentimes, Democrats’ “largest online fundraising spikes” occurred after a party member “stood up to or was attacked by Trump.” The public, meanwhile, seems to exhibit a “bit more skepticism” about Trump’s retributive prosecutions “than they ever did” the president’s own indictments, said CNN.

Americans believe by a 55%-45% margin that the indictments against Trump had been warranted, while a 58%-42% margin said the “charges against Trump’s foes were not justified,” according to a November Marquette Law School poll. The poll was conducted during the administration’s effort to indict former FBI Director James Comey and New York Attorney General Letitia James, said CNN.

The White House’s “attempt to strong-arm” Kelly “into silence” with lawsuits and threats of military demotions has prompted the former astronaut and fighter pilot to respond in ways that “looked and sounded downright presidential,” said The Boston Globe. Still, if Kelly has presidential aspirations, he is “unlikely to announce them anytime soon.”

Meanwhile, lawmakers who appeared alongside Kelly have been slightly more forthcoming about their futures. Four House Democrats, including Crow, have “hinted” at plans for a “case of their own” after escaping indictment this week, said Fox News. “We are taking names,” said Crow. “We are creating lists.” His legal team has reached out to the Justice Department, “putting them on notice that there will be costs.”