DOJ's disgrace.

October 10, 2025

[More on people pretending to be me on Substack: Please do not respond to unsolicited emails or requests to “follow” me on Substack. Today, a reader followed someone with the Substack user-name R0bertHubbeii—which is definitely not me! Substack has shut down that account. If you receive an unsolicited “follow” or request to “chat” on Signal or other encrypted app, do not do so. Please forward the fake request to me at rbhubbell@gmail.com.

On Thursday, the acting US Attorney in the Eastern District of Virginia, Lindsey Halligan, secured an indictment against New York Attorney General Letitia James. The indictment is here: US v. Letitia James | Indictment.

As with the indictment of James Comey, the career prosecutors in the Eastern District of Virginia refused to present evidence to the grand jury or sign the indictment, leaving insurance lawyer and Trump assistant Lindsey Halligan to sign a false indictment.

The indictment of Letitia James is a miscarriage of justice and an act of corruption that will be redressed over time. Letitia James (and all others targeted by Trump) deserve our sympathy and support.

Another victim in the corrupt prosecution is the Department of Justice. Trump has broken the DOJ, reducing it to a sniveling, cowardly husk of a once-great institution. Trump has smeared the reputation and neutrality of the DOJ—which is the point of his sham prosecutions.

By forcing the DOJ to bring baseless prosecutions against his political enemies, Trump is attempting to diminish the legitimacy and force of the two federal indictments of Trump.

With each new corrupt indictment, Trump is ensuring that all the indictments against his political enemies will be dismissed on grounds of vindictive prosecution. American abhorrence for abuse of the legal system by a dictator is rooted in the moment of our founding. Four of the grounds supporting the Declaration of Independence from Great Britain included King George’s manipulation of the legal system to punish his political enemies.¹

Letitia James will file two motions to dismiss—both of which are likely to be granted. First, acting US Attorney Lindsey Halligan has not been legally appointed. See Ed Whelan in National Review, Was Lindsey Halligan Validly Appointed as United States Attorney? (“It seems highly doubtful that Lindsey Halligan has been validly appointed as United States Attorney in the Eastern District of Virginia. If her appointment is invalid, so is her indictment of Comey.”)

Second, the case for dismissal on grounds of vindictive prosecution is unusually strong. Indeed, the cases against Comey and James will be cited forever in legal treatises as the paradigms of vindictive prosecution. It is worth pausing for a moment to review Trump’s mistaken public post to Pam Bondi that demanded the prosecution of James Comey, Letitia James, and Adam Schiff.

Trump wrote the following to Bondi:

Pam: I have reviewed over 30 statements and posts saying that, essentially, ‘same old story as last time, all talk, no action. Nothing is being done. What about Comey, Adam ‘Shifty’ Schiff, Leticia??? They’re all guilty as hell, but nothing is going to be done. We can’t delay any longer, it’s killing our reputation and credibility. They impeached me twice, and indicted me (5 times!), OVER NOTHING. JUSTICE MUST BE SERVED, NOW!!!”

The phrases, “it’s killing our reputation” and “they impeached me twice and indicted me (5 times)” are factors that have nothing to do with the neutral administration of justice and everything to do with Trump’s political motivations to attack his enemies.

If the judges in the Comey and James cases do not dismiss on grounds of vindictive prosecution, then the doctrine will cease to exist as a check on prosecutorial misconduct. See Lawfare, The Comey Indictment and Selective or Vindictive Prosecution.

Indeed, in her statement on the indictment, Letitia James condemned the prosecution's vindictiveness and called on all Americans to defend the rule of law. Letitia James’ moving statement (on video) is here, and I recommend it for your review: KHOU 11 / YouTube, NY AG Letitia James full statement on Trump indictment

I know that watching Trump debase the Department of Justice by forcing it to attack his political enemies is difficult, even maddening. One of the most infuriating things we can experience in life is watching with a sense of powerlessness as an injustice is inflicted on innocent people.

But justice will be done, eventually. Linsdey Halligan will likely be disbarred, as will Todd Blanche and Pam Bondi. Moreover, as officers of the court, if they improperly pressured other officers of the court (prosecutors) to “influence, obstruct, or impede, the due administration of justice,” they are subject to criminal prosecution under 18 U.S. Code § 1503 - Influencing or injuring officer or juror generally.

See commentary by Chris Hayes on MSNBC, ‘Heart of tyranny’: Hayes says Trump’s order to indict Tish James is impeachable.

As Senator Dick Durbin said to Pam Bondi after her testimony before the Senate Oversight Committee,

You have shut down justice in this country. You’ve purged career prosecutors, dismantled ethics oversight, and turned the Department into a shield for corruption. But mark my words: you will be held to account. If not today, then soon.

Keep this thought uppermost in your mind as we fight through these challenging times: You will be held to account. If not today, then soon.

Federal judge issues temporary restraining order prohibiting deployment of National Guard to Chicago

Litigation over Trump’s deployment of National Guard troops continues to swirl through the federal courts. Decisions at the district court and appellate courts are sometimes at odds over procedural remedies and the presumptions of regular order that the government is typically afforded in litigation.

A decision by Judge April Perry issuing a temporary restraining order in favor of Chicago and Illinois, barring the use of the National Guard in the State for 14 days, lays bare the government’s bad-faith litigation tactics. When a judge finds that a litigant lacks credibility and factual support, it makes it more difficult for appellate courts to overrule the district court’s ruling. See NBC Chicago, Judge temporarily blocks National Guard deployment in Chicago.

NBC Chicago described Judge Perry’s ruling from the bench as follows:

[T] he Trump administration’s deployment of troops in Chicago violated the 10th and 14th amendments, as well as the nearly 150-year-old Posse Comitatus Act, which limits the military’s role in enforcing domestic laws.

Perry called the federal government’s recount of recent events in Chicago and surrounding suburbs “simply unreliable,” saying in the last 48 hours four separate decisions by different neutral parties cast doubt on the Department of Homeland Security’s credibility.

“I don’t find any evidence of impeding actually happened,” Perry said, noting she has “found no credible evidence that there is a danger of rebellion in the state of Illinois.”

And in a particularly stinging condemnation of the administration’s tactics, Judge Perry said

“(The founders) would never believe that it would ever come to pass that one state militia could be sent to another state for the purposes of political retribution.”

Judge Perry was referring to Trump sending the Texas National Guard to Chicago because Governor Pritzker opposed the federalization of Illinois’ National Guard.

As explained by Lucian K. Truscott IV in his Substack,

Trump’s use of one state’s National Guard in another state, as he tried to do in Portland with California and Texas National Guard, and as he is trying to do in Illinois with the Texas National Guard, has never been done before by any president in the history of this country.

The good news is that federal district courts recognized the unprecedented nature and unique danger of pitting state militias against the citizens of another state. As he is doing with the DOJ, Trump is undermining the reputation and legitimacy of the various state-based National Guard units.

Hmm. Trump is destroying the legitimacy of the US justice system and our nation’s volunteer military. It almost seems like he is acting in the interest of America’s adversaries . . . .

Opportunities for Reader Engagement

I have secured a larger venue for the Reader Meeting in Boston, so I have reopened the sign-up sheet. We have room for about 40 more readers: Reader Meeting in Boston Sign-up | Oct. 16 at 1:30 pm

The Reader Meeting in DC has a few more slots available: Reader Meeting in DC Sign-up | Oct. 14 at 1:30 - 3:30 pm.

The Reader Meeting in Concord after the No Kings Day Rally has about two dozen slots available (with a “hard close” once we reach the limit — sorry!) Today’s Edition Reader Meeting in Concord | 10-18-25 | 2:00 - 3:30 pm.

I will send an email over the weekend with details regarding each event location.

Concluding Thoughts

Jill and I spent most of the day traveling from Los Angeles to D.C. The internet on the plane did not work, so I endured a “news blackout” and had limited time this evening to read, digest, and write about the news. Thanks for your understanding.

In a further sign that the cynical Republican shutdown of the government is fooling no one, Speaker Mike Johnson was faced with criticism on Thursday from rank-and-file House members who understand that the continued shutdown of the House is a bad look for the GOP. See Raw Story, Mike Johnson hit with GOP revolt in fiery caucus call over ‘damaging’ move.

There are two notable aspects of this story. The first is that the criticism is coming from usually docile members of the GOP caucus. The second is that someone in the GOP caucus leaked the story to the media—signaling to Johnson that he is losing control of the situation.

Why does this matter? Because as soon as Speaker Johnson brings the House back into session, the discharge petition will become final, and Johnson must schedule a vote on the Epstein Transparency Act within nine days. There are some indications that 100 Republicans will vote in favor of the legislation. Although the legislation will not make it through the Senate, an overwhelming vote in favor of the Transparency Act in the House will put Trump, Bondi, and Patel in an even worse position than they currently occupy.

As always, the real issue is justice for the victims and accountability for the perpetrators. But we cannot ignore the political damage that the cover-up of the Epstein files is inflicting on Trump and congressional Republicans.

This is just one more issue on which Democrats occupy the high ground—morally and politically. Keep up the pressure!

Talk to you tomorrow!

Protest Photos

Below, Los Angeles / 405 Fwy:

Below: Here are some photos from our 33rd Saturday protest in a row, at the intersection of Ygnacio Valkey Road and Civic Drive in Walnut Creek, CA, including the Iron Horse Trail pedestrian overpass, which provides a great opportunity for visibility to motorists, pedestrians and cyclists.

Daily Dose of Perspective

1. He has obstructed the Administration of Justice, by refusing his Assent to Laws for establishing Judiciary powers.

He has made Judges dependent on his Will alone, for the tenure of their offices, and the amount and payment of their salaries.

For transporting us beyond Seas to be tried for pretended offences.

He has obstructed the Administration of Justice, by refusing his Assent to Laws for establishing Judiciary powers.]