Politics
Opinion: Merrick Garland's integrity saved the DOJ only to doom it again
In 2016, the American Bar Assn. couldn’t say enough good things about Merrick Garland, then the chief judge of the powerful U.S. Court of Appeals for the District of Columbia and President Obama’s nominee for the Supreme Court, when it sent the Senate a report giving him its highest rating. So at Garland’s confirmation hearing, a bar official gave senators samples of the unanimous praise from hundreds of lawyers, judges and law professors who were contacted by the group’s evaluators.
“He may be the perfect human being,” effused one anonymous fan. Another: “Judge Garland has no weaknesses.”
Opinion Columnist
Jackie Calmes
Jackie Calmes brings a critical eye to the national political scene. She has decades of experience covering the White House and Congress.
Therein lies the tragedy of Merrick Garland. A man who could have been a truly supreme justice — but for then-Senate Majority Leader Mitch McConnell’s unprecedented Republican blockade — instead became a seemingly ineffectual attorney general, at least regarding the defining challenge of his tenure: holding Donald Trump accountable for trying to steal the 2020 presidential election.
The traits that the bar experts saw as Garland’s strengths — deliberative caution, modesty, judicial temperament, indifference to politics — turned out to be weaknesses for the head of the Justice Department in these times.
So intent was Garland on restoring the department’s independence and integrity — after Trump, in his first term, openly sought to weaponize it against his enemies — that the attorney general initially shied from investigating and prosecuting Trump for his role in the postelection subversions culminating on Jan. 6, 2021. By all accounts, Garland feared the optics of the Justice Department turning its legal powers against the man President Biden had just beaten at the polls.
Of course Trump, the master of projection, was going to, and did, accuse the attorney general of the very thing that Trump himself was guilty of: weaponizing the Justice Department. Yet in a nation based on the rule of law, the case against Trump needed to be pursued.
Garland succeeded in reviving the department’s post-Watergate norms, which restrict contacts between law enforcement officials and the White House, norms that Garland, as a young Justice lawyer in the Carter administration, helped develop in response to Nixon-era abuses. But so much for Garland’s achievement: Trump, saved by his election from having to answer for Jan. 6 or for a separate federal indictment for filching classified documents, will be back in power next week, more emboldened than before and backed by appointees willing to do his vengeful bidding at the Justice Department and the FBI.
Last week, there were small victories for accountability, if not for Trump’s alleged federal crimes. On Friday he was sentenced for his one conviction, in New York state court in May, for falsifying business records to cover up hush-money payments to a porn star ahead of the 2016 election. Judge Juan M. Merchan gave the president-elect no penalty, but at least the sentencing underscored Trump’s distinction as the only felon-president. Separately, Garland indicated he would make public the final report from special counsel Jack Smith detailing the evidence for Trump’s culpability for Jan. 6.
The 72-year-old attorney general soon leaves office having angered all sides — Republicans for going after Trump at all, Democrats for not going after him fast and hard enough. California Sen. Adam B. Schiff, formerly a member of the House Jan. 6 committee, was among the first Democrats to publicly blame the Justice Department, at least partially, for letting Trump avoid trial before the 2024 election, complaining on CNN that the department had focused too long on “the foot soldiers” who attacked the Capitol “and refrained from looking at … the inciters.”
A recent CNN retrospective on the Trump prosecution called 2021 “the lost year.” At a time when the former president was still on the defensive about Jan. 6, the Justice Department followed a bottom-up strategy targeting more than 1,500 rioters in its largest criminal investigation ever. Prosecutors insisted they were chasing leads involving Trump and close allies, while sorting out the legal complexities of trying a former occupant of the Oval Office.
By 2022, questions about Garland’s deliberative dillydallying became unavoidable. In March, U.S. District Judge David O. Carter ruled in a civil case that “the illegality of the [fake electors] plan was obvious.” The next month FBI Director Christopher Wray authorized a criminal investigation into the scheme. Then in June the House Jan. 6 committee held its televised hearings, essentially a daytime drama about Trump’s multipronged efforts to keep power, starring Republican eyewitnesses.
That development, finally, prodded Garland to get serious about the man at the top. In November 2022, Garland named Smith as special counsel. As fast as Smith seemed to work, it wasn’t until August 2023 — two and a half years after the insurrection — that Trump was criminally indicted. Months of legal challenges from the Trump team followed, delaying everything and putting forward what seemed like a crazy claim, that Trump should have presidential immunity.
Yet to point fingers solely at Garland for letting Trump off the hook shifts blame from those even more deserving of it. McConnell, for instance, who engineered Trump’s Senate acquittal in February 2021 after his impeachment for inciting the insurrection; conviction could have been paired with a vote banning Trump from seeking federal office. And the Supreme Court’s right-wing supermajority, which took seven months before mostly siding with Trump’s claim that he and future presidents are immune from criminal charges for supposedly official acts.
Even if Garland had moved aggressively, there’s a good argument that all the delays available to Trump would’ve made a trial and verdict before the election unlikely. And this fact remains: The ultimate jury — voters — had more than enough incriminating facts available to decide Trump was unfit to be president again. A plurality decided otherwise.
Still, Garland’s performance makes me doubly sad that he ended up at Justice instead of becoming a justice.
@jackiekcalmes
Politics
Lawmaker Sues Trump to Remove Name From Kennedy Center
Case 1:25-cv-04480 Document 1 Filed 12/22/25
Page 1 of 18
JOYCE BEATTY,¹
V.
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
Plaintiff,
DONALD J. TRUMP, RICHARD GRENELL, JENNIFER FISCHER, SERGIO GOR, JOHN FALCONETTI, BRIAN D. BALLARD, MARIA BARTIROMO, PAMELA BONDI, MARY HELEN BOWERS, HANNAH F. BUCHAN, ROBERT CASTELLANI, ELAINE CHAO, PAMELLA ROLAND DEVOS, PATRICIA DUGGAN, EMILIA MAY FANJUL, LYNETTE FRIESS, PAMELA GROSS, LEE GREENWOOD, KATE ADAMSON HASELWOOD, LAURA INGRAHAM, MICHELE KESSLER, DANA KRAFT, MINDY LEVINE, LYNDA LOMANGINO, BARBARA LONG, ALLISON LUTNICK, DOUGLAS MANCHESTER, CATHERINE B. REYNOLDS, DENISE SAUL, DAN SCAVINO, CHERI SUMMERALL, USHA VANCE, SUSIE WILES, ANDREA WYNN, PAOLO ZAMPOLLI, ROBERT F. KENNEDY, JR., MARCO RUBIO, LINDA MCMAHON, MIKE JOHNSON, SAM GRAVES, JULIA LETLOW, MIKE MCCAUL, JOHN THUNE, SHELLEY MOORE CAPITO, SUSAN COLLINS, TRUSTEES OF THE JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS, JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS,
Defendants.
No. 25-CV-
1 Pursuant to Local Civil Rule 5.1(c)(1), the Plaintiff’s residential address is being filed under seal with the Court in a separate Notice of Filing.
Politics
20% of NYC mayor-elect Mamdani transition appointees have anti-Zionist ties: ADL
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At least 20 percent of New York City Mayor-elect Zohran Mamdani’s administrative appointees are connected to groups characterized as anti-Zionist, according to a Monday report by the Anti-Defamation League (ADL).
The report found that more than 80 individuals among Mamdani’s 400-plus transition and administrative appointees either have ties to such groups or a “documented history of making anti-Israel statements.”
The organization said Mamdani’s Transition Committee appointees have been linked to groups including Students for Justice in Palestine, a pro-Palestinian college activism network; Jewish Voice for Peace, an American Jewish anti-Zionist organization; and Within Our Lifetime, a New York City-based anti-Zionist group “known for leading protests outside synagogues.”
For example, the ADL said at least four appointees have ties to Louis Farrakhan, the antisemitic leader of the Nation of Islam. One appointee, Jacques Léandre, was cited for reportedly attending a conference at which Farrakhan denounced “the Jews and their power.”
ADL CHIEF WARNS NYC MAYOR-ELECT ZOHRAN MAMDANI POSES A ‘CLEAR AND PRESENT DANGER’ TO JEWISH COMMUNITY
Mayor-elect Zohran Mamdani speaks to members of the media at Flushing Meadows Corona Park in the Queens borough of New York on Wednesday, Nov. 5, 2025. (Adam Gray/Bloomberg via Getty Images)
Several other appointees were also cited for statements that appear to support or justify violence against Israel and the Oct. 7 attacks. According to the ADL, Kazi Fouzia posted on Facebook hours after the attacks that “Resistance are [sic] Justified when people are occupied” with video footage from an anti-Israel protest happening that day in Manhattan.
The report continued to identify other appointees who publicly expressed hostility toward Zionism.
Examples included Fahd Ahmed, who stated “Zionism is racism”; Ruha Benjamin, who signed a statement calling Israel “ideologically founded on Jewish supremacy”; Lisa Ohta, who referred to “Zionism’s genocidal ideology”; and Mohammed Karim Chowdhury, who shared a post claiming “Zionists are worse than … Nazis,” ADL reported.
MAMDANI’S FATHER SAYS COLUMBIA ‘TARGETED’ ANTI-ISRAEL STUDENTS WITH ANTISEMITISM CRACKDOWN
A protester waves a Palestinian flag during a protest on college campuses in Washington, D.C., on March 23, 2025. (ANDREW THOMAS/Middle Eeast Images/AFP via Getty Images)
The organization also identified Zakiyah Shaakir-Ansari, who was cited for allegedly posting a photo of herself at an encampment in front of a banner displaying an inverted red triangle, a symbol associated with Hamas, alongside the text “LONG LIVE THE RESISTANCE.”
The report also states that at least 12 appointees publicly expressed support for anti-Israel campus encampments during the spring of 2024, with at least five attending the protests in person. The ADL highlighted Gianpaolo Baiocchi, who was reportedly arrested at the NYU encampment and later asserted that no hate speech was present. The ADL disputes that claim, citing flyers distributed at the encampment that called for “Death to Israeli Real Estate” and “Death to America.”
Demonstrators raise a “Free Palestine” flag on Oct. 4, 2025. (Dan Gainor)
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Mamdani, who takes office on Jan. 1, has previously and repeatedly emphasized that he stands against antisemitism.
The ADL noted that many appointees did not raise concerns and emphasized that at least 25 individuals expressed support for the Jewish community, including Rabbi Joe Potasnik, Félix Matos Rodríguez, Wayne Ho, John King, and Jerry Goldfeder. However, the organization said it remains concerned about Mamdani’s team overall.
“Many of Mayor-elect Mamdani’s Transition Committee appointments are inconsistent with his campaign commitments to prioritize the safety of New York’s Jewish community,” the ADL wrote in the report.
Fox News Digital reached out to Mamdani for more comment.
Politics
California, other states file suit to prevent shutdown of federal consumer agency
California joined 20 other states and the District of Columbia on Monday in a lawsuit that seeks to prevent the federal Consumer Financial Protection Bureau from being defunded and closed by the Trump administration.
The legal action filed in U.S. District Court in Eugene, Ore. by the Democratic attorneys general accuses Acting Director Russell Vought of trying to illegally withhold funds from the agency by unlawfully interpreting its funding statute. Also named as defendants are the agency itself and the Federal Reserve’s Board of Governors.
“For California, the CFPB has been an invaluable enforcement partner, working hand-in-hand with our office to protect pocketbooks and stop unfair business practices. But once again, the Trump administration is trying to weaken and ultimately dismantle the CFPB,” California Attorney General Rob Bonta said, in a press conference to announce the 41-page legal action.
The agency did not immediately respond to a request for comment about the action, co-lead by Bonta and the attorneys general from Oregon, New York, New Jersey and Colorado.
Established by Congress in 2010 after the subprime mortgage abuses that gave rise to the financial crisis, the agency is funded by the Federal Reserve as a method of insulating it from political pressure.
The Dodd-Frank Act statute requires the agency’s director to petition for a reasonable amount of funding to carry out the CFPB’s duties from the “combined earnings” of the Federal Reserve System.
Prior to this year that was interpreted to mean the Federal Reserve’s gross revenue. But an opinion from the Department of Justice claims that should be interpreted to mean the Federal Reserve’s profits, of which it has none since it has been operating at a loss since 2022. The lawsuit alleges the interpretation is bogus.
“Defendant Russell T. Vought has worked tirelessly to terminate the CFPB’s operations by any means necessary — denying Plaintiffs access to CFPB resources to which they are statutorily entitled. In this action, Plaintiffs challenge Defendant Vought’s most recent effort to do so,” the federal lawsuit states.
The complaint alleges the agency will run out of cash by next month if the policy is not reversed. Bonta said he and other attorney generals have not decided whether they will seek a restraining order or temporary injunction to change the new funding policy.
Prior to the second Trump administraition, the CPFB boasted of returning nearly $21 billion to consumers nationwide through enforcement actions, including against Wells Fargo in San Francisco over a scandal involving the creation of accounts never sought by customers.
Other big cases have been brought against student loan servicer Navient for mishandling payments and other issues, as well as Toyota Motor Credit for charging higher interest rates to Black and Asian customers.
However, this year the agency has dropped notable cases. It terminated early a consent order reached with Citibank over allegations it discriminated against customers with Armenian surnames in Los Angeles County.
It also dropped a lawsuit against Zelle that accused Wells Fargo, JP Morgan Chase, Bank of America and other banks of rushing the payments app into service, leading to $870 million in fraud-related losses by users. The app denied the allegations.
Monday’s lawsuit also notes that the agency is critical for states to carry out their own consumer protection mission and its closure would deprive them of their statutorily guaranteed access to a database run by the CFPB that tracks millions of consumer complaints, as well as to other data.
Vought was a chief architect of Project 2025, a Heritage Foundation blueprint to reduce the size and power of the federal bureaucracy during a second Trump admistration. In February, he ordered the agency to stop nearly all its work and has been seeking to drastically downsize it since.
The lawsuit filed Monday is the latest legal effort to keep the agency in business.
A lawsuit filed in February by National Treasury Employees Union and consumer groups accuses the Trump administration and Vought of attempting to unconstitutionally abolish the agency, created by an act of Congress.
“It is deflating, and it is unfortunate that Congress is not defending the power of the purse,” said Colorado Attorney General Philip Weiser, during Monday’s press conference.
“At other times, Congress vigilantly safeguarded its authority, but because of political polarization and fear of criticizing this President, the Congress is not doing it,” he said.
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