Despite Trump’s current laughable lawyers, his DOJ could be staffed with skilled radicals

Attorney Alina Habba has been widely mocked for her courtroom blunders and behavior as she defends Donald Trump in the business fraud lawsuit brought by New York Attorney General Letitia James and in E. Jean Carroll’s second defamation trial against the accused rapist.

Former federal prosecutor Ron Filipkowski, who is now editor in chief of the liberal Meidas Touch, had this post on X, formerly known as Twitter:

I’m gonna say you can watch My Cousin Vinny and Legally Blonde back-to-back and you’d be ready to do a better trial than Habba.

— Ron Filipkowski (@RonFilipkowski) January 18, 2024

And “Late Show” host Stephen Colbert said in a monologue earlier this month, “Habba is, to use a bit of legalese, a bad lawyer,” HuffPost reported. He then played a clip from a podcast interview in which Habba, a former fashion executive, said she’d “rather be pretty than smart.” She then added she “can fake being smart.” 

But as Trump has become the first candidate to run a presidential campaign out of a courtroom, Habba has taken on a prominent role in MAGA world by playing the Trump victimization card in numerous interviews on courthouse steps, on Fox News, and other conservative news outlets.

RELATED STORY: How the next Trump-inspired insurrection could unfold and how the administration could respond

And while Trump’s immunity claims may seem a joke, there’s nothing funny regarding the attorney who handled Trump’s appeal seeking immunity from charges brought by special counsel Jack Smith that he conspired to overturn the 2020 presidential election results. The three-judge panel on the U.S. Court of Appeals for the District of Columbia is widely expected to reject Trump’s immunity claim.

As Trump sat watching in the courtroom, his attorney, D. John Sauer, in response to questioning from the judges, suggested that even a president directing SEAL Team 6 to kill a political rival would be an action barred from criminal prosecution unless the president was first impeached by the House and convicted by the Senate.

Mother Jones wrote that “it’s hard to overstate the terrifying absurdity of the argument.” But in  social media posts, candidate Trump has argued that presidents deserve complete immunity from prosecution even for acts that “cross the line.” The Atlantic wrote that “Today’s legal argument could very well be next year’s exercise of presidential power.”

Former Labor Secretary Robert Reich went even further, stating that “Sauer was arguing for the equivalent of the 1933 Enabling Law in Germany,” which facilitated Adolf Hitler’s success in moving the country from democracy to fascism. That law—approved by the German Parliament in March 1933—gave the new chancellor, Hitler, the power to enact new laws without interference from the president or the parliament for four years.

What’s scary is that unlike Habba, Sauer has a blue-chip legal background. He was a Rhodes scholar and a magna cum laude graduate of Harvard Law School. He served as a law clerk to federal appellate court Judge J. Michael Luttig and Supreme Court Justice Antonin Scalia.

In 2017, then-Missouri Attorney General Josh Hawley appointed Sauer to serve as the state’s solicitor general and he continued to serve in that post under Hawley’s successor, Eric Schmitt, who also was elected to the U.S. Senate. The New York Times wrote:

As Missouri’s solicitor general, Mr. Sauer took part in a last-ditch effort to keep Mr. Trump in power after his defeat in the 2020 election, filing a motion on behalf of his state and five others in support of an attempt by Texas to have the Supreme Court toss out the results of the vote count in several key swing states.

He also joined in an unsuccessful bid with Texas in asking the Supreme Court to stop the Biden administration from rescinding a Trump-era immigration program that forces certain asylum seekers arriving at the southwestern border to await approval in Mexico.

Sauer left the solicitor general’s post in January 2023. He served as a special assistant attorney general for Louisiana’s Department of Justice in a First Amendment lawsuit against Biden administration officials over their contacts with social media platforms about “misinformation.” 

So could Sauer be another politically ambitious conservative lawyer with an Ivy League law degree looking to make an impression on Trump in hopes of securing a top position at the Department of Justice in a second Trump administration? It’s hard to know for sure, as Sauer keeps a low public profile outside the courtroom and shuns media interviews. But it sounds like he would fit right in, according to a November New York Times article on the subject:

Close allies of Donald J. Trump are preparing to populate a new administration with a more aggressive breed of right-wing lawyer, dispensing with traditional conservatives who they believe stymied his agenda in his first term.

The allies have been drawing up lists of lawyers they view as ideologically and temperamentally suited to serve in a second Trump administration. Their aim is to reduce the chances that politically appointed lawyers would frustrate a more radical White House agenda — as they sometimes did when Mr. Trump was in office, by raising objections to his desires for certain harsher immigration policies or for greater personal control over the Justice Department, among others.

The Times said Trump has even become disenchanted with the Federalist Society, the conservative legal network whose members filled key executive branch legal positions when he was last in office. Trump was particularly enraged at White House and Justice Department legal officials who blocked his efforts to overturn the 2020 election.

John Mitnick, who was fired by Trump as general counsel of the Homeland Security Department in 2019, told the Times that “no qualified attorneys with integrity will have any desire to serve as political appointees” in a second Trump term.

The Guardian reported that Trump’s former senior adviser Stephen Miller, known for his draconian immigration policy, “is playing a key role in seeking lawyers fully in sync with Trump’s radical agenda to expand his power and curb some major agencies.” The Guardian wrote:

His search is for those with unswerving loyalty to Trump, who could back Trump’s increasingly authoritarian talk about plans to “weaponize” the DoJ against critics, including some he has labeled as “vermin.”

Miller, who is not a lawyer, is president of the MAGA-allied group America First Legal, which has been filing lawsuits against the Biden administration. Miller also sits on the board of Project 2025, an effort led by the Heritage Foundation and other conservative groups to map authoritarian policy plans for a second Trump administration.

And that brings us to who Trump might choose for attorney general if he makes his way back to the Oval Office. Back in November, former Rep. Adam Kinzinger, a member of the House Jan. 6 Select Committee, warned in an episode of The Bulwark podcast:

“If he does get through and he wins this time, he's going to interview 100 candidates for attorney general and only take the one that says, 'Mr. President, in essence, I don't care what the Constitution is. I'm going to do whatever you want as your servant at the Department of Justice.'"

And the scary thing is that there is one lawyer who is media savvy, has a blue-chip legal resume, and is a total right-wing monster. His name is Mike Davis.

Tim Miller, a former Republican National Committee spokesperson and Never Trumper, wrote about an interview Davis gave to conservative political commentator Benny Johnson in which Davis discussed what he would do if he were “acting attorney general” for a few weeks in a new Trump term:

But during my three week reign of terror as Trump acting attorney general, before I get chased out of town with my Trump pardon, I will rain hell on Washington, D.C. ... I have five lists, ready to go and they’re growing.

List number one, we’re gonna fire. We’re gonna fire a lot of people in the executive branch, in the deep state.

Number two, we’re gonna indict. We’re gonna indict Joe Biden and Hunter Biden and James Biden and every other scumball, sleazeball, Biden, except for the five year old granddaughter who they refused to acknowledge for five years until the political pressure got to Joe Biden.

Number three, we’re gonna deport. We’re gonna deport a lot of people, 10 million people and growing—anchor babies, their parents, their grandparents. We’re gonna put kids in cages. It’s gonna be glorious. We’re gonna detain a lot of people in the D.C. gulag and Gitmo.

And list number five, I’m gonna recommend a lot of pardons. Every January 6th defendant is gonna get a pardon, especially my hero horn man. He is definitely at the top of the pardon list.

“This is almost comically pathetic chest-beating of a creepy dork,” says Hayes on far-right lawyer Mike Davis. “But again the history of fascism is full of creepy dorks who…used the power of the state to execute their most despicable, violent fantasies.”pic.twitter.com/dRRVhsRKCw

— IT’S TIME FOR JUSTICE (@LiddleSavages) November 22, 2023

In an article for The Bulwark, Miller wrote:

Davis has become an influential voice in MAGA media and activist circles—understandably so, given his crossover appeal as someone who combines legitimate bona fides as a GOP staffer with the incendiary, burn-it-all-down rhetoric that the MAGA base laps up.

And should, God forbid, Trump win a second term, Davis will be emblematic of the type of person who will staff the government. …

Davis’s current gig is spearheading activist groups that fight for right-wing judicial appointments and oppose “Big Tech.” In this role he makes frequent appearances on right-wing media outlets, including primetime Fox and its MAGA competitors (think Real America’s Voice, Newsmax, Bannon’s War Room), where he preaches the Gospel of Trump on issues ranging from the former president’s many indictments to the Biden impeachment.

Davis has an extensive biography on the Federalist Society website. But Miller also exposed Davis’ dark side, including a rant on X about the “violent black underclass” who are “monsters” and should be subjected to “mass incarceration.” He wrote:

Racist demagoguery. Conspiratorial thinking. Promises for retribution against enemies. This is Trump’s stated agenda for 2024. And people like Mike Davis stand ready and willing to execute it.

Davis now heads the Article III Project, which has run ads defending Trump against his four criminal indictments with messages mirroring Trump’s comments that he is a victim of politically motivated prosecutions.

One 60-second digital ad says, “Activist prosecutors and judges have destroyed the rule of law, the scales of justice forever broken and imbalanced. The worst offenders? Those who have weaponized the legal system for political gain against President Trump. Even now they’re resorting to insane legal theories to take him off the ballot,” the ad continues. “They’ve gone after a president of the United States. Do you think they’ll stop there?”

In November, Mehdi Hasan presented an in-depth report on the dangers posed by Davis on MSNBC.

Davis responded to the report and Miller’s Bulwark article with this tasteless post on X that included a homophobic slur. 

😂 Trump’s Dream Team.@mehdirhasan is now on my Lists 2 (indict), 4 (detain), 6 (denaturalize), and 3 (deport). I already have his spot picked out in the DC gulag. But I’ll put him in the women’s cell block, with @Timodc. So these whiny leftists don’t get beat up as often. https://t.co/Ylhb33KVv2

— 🇺🇸 Mike Davis 🇺🇸 (@mrddmia) November 20, 2023

And here’s the kicker: Donald Trump Jr. actually said on his online show “Triggered” in November that he’d actually like to see Davis as attorney general, even on an interim basis, “just to send that shot across the bow of the swamp.”

Donald Trump Jr. says he wants Laura Loomer as White House press secretary and Mike Davis as attorney general; Loomer has described herself as “pro-white nationalism,” Davis says that he wants to enact a “reign of terror” targeting Trump’s enemies. pic.twitter.com/oy3osluVC4

— Media Matters (@mmfa) November 10, 2023

RELATED STORY: Republicans actually published a blueprint for dismantling our democracy. It's called Project 2025

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Media buries the lede (again) on Biden’s urgent address on dangers of Trump, fascism

On Thursday, Joe Biden gave one of the most important speeches of his presidency. But because it didn’t include bitter complaints about low-flow toilets, his secret plan to avoid World War II, or stream-of-consciousness musings on perennial kitchen table issues like whale-murdering windmills, the legacy media largely gave it a pass.

And though the speech at times focused on the honor and heroism of Biden’s late friend, Arizona Sen. John McCain, at no point did Biden get confused and forget that he never ran against him

What Biden did do was give a fierce defense of democracy, the Constitution, and American values—all while name-checking Donald Trump and the extreme MAGA movement that threatens the basic foundations of our republic. Unfortunately, he didn’t do it while falling over on his bike, so most Americans still don’t know about it.

RELATED STORY: Biden warns Trump is an existential threat to democracy. The media whiffs it

You’d think the current president (rightly) calling out his top political rival for being a power-mad, wannabe tinpot dictator who disdains the Constitution would merit searing, front-page coverage across the legacy media. But you’d be wrong.

Biden’s speech failed to make the front page of either The Washington Post or The New York Times, proving once again that these venerable leading lights of our fourth estate—and the herds of pundits and reporters who follow their lead—are still not taking the clear and present danger a plainly fascist Trump poses seriously enough. On the bright side, there's nothing on the Times’ front page about Hillary's emails today.

Yes, @washingtonpost, “Democracy Dies in the Darkness.” You know where else it can wither? A3, inside, which is where you buried the fiercest, highest stakes pro-democracy speech I’ve heard from a president in my lifetime.

— Jeff Sharlet (@JeffSharlet) September 29, 2023

So because American newspapers are tending to shoehorn Biden’s rhetorical triumphs somewhere between The Jumble and “Marmaduke”—if not in “Marmaduke”—these days, we in the non-legacy media are forced to take up the slack.

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You can watch the speech yourself or read the full transcript, but there are some takeaways that simply need to be repeated here verbatim, because to quote the guy who’s doing his level best to save democracy from a largely somnambulant media, “This is a big fucking deal.” 

At one point, Biden lends some outside perspective to the MAGA stew we currently find ourselves swimming in. As frogs in boiling water, we may no longer experience the right’s resurgent fascism as the four-alarm fire it is, but the rest of the world sees what’s happening in America very clearly.

For centuries, the American Constitution has been a model for the world, with other countries adopting “We the People” as their North Star as well. But as we know, we know how damaged our institutions of democracy—the judiciary, the legislature, the executive—have become in the eyes of the American people, even the world, from attacks from within the past few years.

I know virtually every major world leader. That’s what I did when I was a senator, as vice president, and now. Everywhere I go in the world—I’ve met now with over a hundred heads of state of the nations of the world—everywhere I go, they look and they ask the question, “Is it going to be okay?”

Think about this: The first meeting I attended of the G7—the seven wealthiest nations in the world—in Europe, the NATO meeting, I sat down—it was in ... January, after being elected—so late January, early February—and it was in England. And I sat down, and I said, “America is back.” And Macron looked at me, and he said, “Mr. President, for how long—for how long?”

And then, the chancellor of Germany said, “Mr. President, what would you think if you picked up the paper tomorrow—tomorrow, the London Times—and it said a thousand people broke down the doors of Parliament, marched, and killed two bobbies in order to overthrow an election of the new prime minister? What would you think then? What would America think?”

What would America think? We’d think the fish and chip shops were using lead-based newsprint to wrap their wares again. But beyond that, we’d rightly be horrified.

But that wasn’t even the biggest takeaway from the speech. Our current president also directly confronted his predecessor—and, by extension, the entire MAGA movement—over his ongoing attempts to remake this country into something more like Vladimir Putin’s Russia than LBJ’s Great Society or Ronald Reagan’s shining city on a hill.

They’re pushing a notion the defeated former President expressed when he was in office and believes applies only to him. And this is a dangerous notion: This president is above the law, with no limits on power.

Trump says the Constitution gave him, quote, “the right to do whatever he wants as President,” end of quote. I’ve never even heard a president say that in jest. Not guided by the Constitution or by common service and decency toward our fellow Americans but by vengeance and vindictiveness.

We see the headlines. Quote, “sweeping expansion of presidential power.” Their goal to, quote, “alter the balance of power by increasing the president’s authority over every part of the federal government,” end of quote.

What do they intend to do once they erode the constitutional order of checks and balances and separation of powers? Limit the independence of federal agencies and put them under the thumb of a president? Give the President the power to refuse to spend money that Congress has appropriated if he doesn’t like what it’s being spent for? ... Get rid of longstanding protections for civil servants?

[...]

Just consider these as actual quotes from MAGA—the MAGA movement. Quote, “I am your retribution.” “Slitting throats” of civil servants, replacing them with extreme political cronies. MAGA extremists proclaim support for law enforcement only to say, “We …”—quote, “We must destroy the FBI.”

It’s not one person. It’s the controlling element of the House Republican Party.

Whitewash attacks of Jan. 6 by calling the spearing and stomping of police a ... quote, a “legitimate political discourse.”

Did you ever think you’d hear leaders of political parties in the United States of America speak like that? Seizing power, concentrating power, attempting to abuse power, purging and packing key institutions, spewing conspiracy theories, spreading lies for profit and power to divide America in every way, inciting violence against those who risk their lives to keep America safe, weaponizing against the very soul of who we are as Americans.

This MAGA threat is the threat to the brick and mortar of our democratic institutions. But it’s also a threat to the character of our nation … that gives our Constitution life, that binds us together as Americans in common cause.

Biden also happened to notice another story that should have generated screaming front-page headlines in every major newspaper in the country as well as blanket condemnations from every sitting lawmaker, regardless of party:

Tomorrow, I have the honor of overseeing the change of responsibilities of the Chairman of the Joint Chiefs of Staff of the United States military from one genuine hero and patriot, Gen. Mark Milley, to another, Gen. CQ Brown—both defining leaders of our time.

And yet, here is what you hear from MAGA extremists about the retiring patriot general honoring his oath to the Constitution: quote, he’s “a traitor,” end of quote. “In times gone by, the punishment…”—quote, “In times gone by, the punishment would’ve been death,” end of quote.

This is the United States of America. This is the United States of America.

And although I don’t believe even a majority of Republicans think that, the silence is deafening.

In case you somehow missed it (you could be forgiven, because the media didn’t cover it with nearly the urgency it deserved), the quote Biden references about Milley deserving the death penalty came from Trump, who was upset that Milley failed to show him the abject loyalty he thought he deserved.

RELATED STORY: Gen. Mark Milley responds to Trump's threats while the press largely looks away

Seems like a really important story, but then the nation’s biggest outlets can’t thoroughly cover all of a fascist presidential candidate’s fascist statements, can they? You need to balance them with horse race coverage about the advanced age of the man who stands as our sole remaining bulwark against the return of an avowedly authoritarian former president. It’s just basic fairness.

In short, Biden’s speech was clear, forceful, urgent, at times funny—Biden is a charming, witty guy, despite all the chatter about his age—and most importantly, grounded in the reality of our current fraught political climate. He also showed genuine emotion when talking about the cancer that claimed the lives of both his friend McCain and his son Beau. And he was funny and gracious when responding to a group of hecklers who tried to interrupt his speech, offering to speak with them after his address instead of, say, urging members of the audience to “knock the crap out of them.”

As Biden stated in his address, “We’re at an inflection point in our history. One of those moments that not only happens once every several generations, it happens once every eight or nine generations, where the decisions made in the short period of time we’re in now are going to determine the course of this country and the world for the next six or seven decades. So you, me, every American who is committed to preserving our democracy and our constitutional protections, we carry a special responsibility. We have to stand up for American values embedded in the Constitution, the Declaration of Independence, because we know the MAGA extremists have already proven they won’t.”

Clearly, Biden knows what time it is. If only legacy media—which stands to lose the most under a second Trump term—would take a side. It’s okay to take a side if that side is pro-democracy and anti-fascist. No, really. Preserving our ever-fragile democracy is actually that important.

RELATED STORY: Media complicit in Trump's false claims about wooing union members

BONUS!

This recent commentary from MSNBC’s Mehdi Hasan on “Donald Trump’s Extremely Fascist Week” is a must-watch. Though maybe you’re not the one who needs to watch it—unless, of course, you happen to be one of the key decision-makers at The Washington Post or The New York Times.

Check out Aldous J. Pennyfarthing’s four-volume Trump-trashing compendium, including the finale, Goodbye, Asshat: 101 Farewell Letters to Donald Trump, at this link. Or, if you prefer a test drive, you can download the epilogue to Goodbye, Asshat for the low, low price of FREE