Deborah Daniels: In terminations, Trump chills future investigations

Unlike in 2017, President Trump has jumped out early with a flurry of activity. While some actions are innocuous and some are incapable of execution, some should raise alarms.

Beginning on Inauguration Day, the president took several actions that are clearly designed to diminish any realistic oversight over his administration and to effectuate the retribution he promised during his campaign.

On Day 1, at least 15 nonpolitical leaders of the U.S. Department of Justice’s major operational areas were transferred and demoted. One was George Toscas, who had served in the national security division since 2006 and was critically important to the nation’s anti-terrorism efforts.

Another top professional transferred and demoted was Bruce Swartz, a longtime lawyer in the criminal division who until now served in the area of international law. Swartz is described as “by far the most knowledgeable person on the planet about the relationships the department has with foreign governments, extraditions, rule of law” and critical to the ability of the United States to collaborate with other countries to enforce our laws.

One week in, the acting attorney general fired more than a dozen lawyers who worked on the investigations of Trump in relation to the Jan. 6 insurrection (I call it that because that is what it was) and his alleged unauthorized possession of classified documents coupled with deliberate obstruction of the FBI’s investigation thereof.

That same week, several members of top leadership at the FBI were told to resign or be fired. Theirs are positions that are historically objective and nonpartisan; the individuals who hold them are seasoned career agents whose sworn duty is to act, without prejudice or favor, to protect our country.

Two weeks in, on Feb. 3, the interim U.S. attorney for the District of Columbia began an internal review of the lawyers in that office who had anything to do with the Jan. 6 prosecutions. This interim U.S. attorney was a “Stop the Steal” organizer for Trump and a board member of a group that raised money for Jan. 6 defendants, calling them victims of political persecution. He also served as defense attorney for three Jan. 6 defendants, including one who assaulted police with an ax handle. (Anyone see a conflict of interest here?)

At the same time, all FBI agents were told to report any involvement they had with the Jan. 6 investigations—as though there is something wrong with that. The agents are, for obvious reasons, fearful of retribution, not to mention fearing for their safety and that of their families if these reports become public.

A very telling early move making it clear that the president intends to forestall any official oversight of his actions is the summary firing on Jan. 24 of 13 inspectors general—the congressionally mandated watchdogs in each agency charged with investigating waste, fraud and abuse. These apolitical professionals are critical to ensuring honesty and efficiency in government.

This “Friday night massacre,” seemingly contrary to Trump’s stated desire to ensure honest government, will have clear consequences. The firings provide an opportunity to insert Trump loyalists who will prevent oversight of the current administration and look for opportunities, justified or not, to investigate the previous one.

Unsurprising as these acts are, given Trump’s history and public statements, they should serve as solemn warnings of what is to come. The message is clear, and the effect will be to chill any future investigation that might displease the president.

Perhaps of greater concern, the firing of these consummate professionals will make the country less safe.•

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Daniels is a retired partner of Krieg DeVault LLP, a former U.S. Attorney and assistant U.S. attorney general and former president of the Sagamore Institute. Send comments to [email protected].

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