Trump Justice Department tells prosecutors to brace for ‘wartime’ footing ahead of Democratic investigations

Democrats' sweeping gains in Congress have redrawn the balance of power in Washington, setting up an expected onslaught of investigations into the Justice Department's conduct.Until now, the department had managed to avoid scrutiny from the majority party.For nearly two years it has functioned as an extension of the White House, unchecked by a Republican-controlled Congress as it pursued investigations into President Donald Trump's enemies, fired waves of career employees and defended administration stances that judges across the country repeatedly deemed legally dubious.The department had until now managed to avoid scrutiny from the majority party (Getty)The department has, at least publicly, appeared unbowed by the altered landscape. Attorney General Todd Blanche says the department will cooperate with Congress but has also insisted that “we will not back down” from the Republican president's agenda.A top aide told prosecutors on a call to prepare for "wartime" footing, and a U.S. attorney publicly warned a top Democrat about planned congressional investigations. The stage is set for a pugilistic dynamic, with Democrats promising to join already-skeptical courts in reining in the Trump administration. The Justice Department, depleted by the loss of thousands of career employees and the post-election departures of senior leaders, pledges to push its agenda forward.A call for a ‘wartime’ footingEven though Democrats hold the gavel, they lack foolproof ways to guarantee Republican cooperation.Lawsuits can take years, and subpoenas can be arduous to enforce. Criminal contempt referrals for noncompliance would go to the Trump administration Justice Department, where they almost certainly won't be acted on. “It’s a standoff and I don’t know what the answer to that is yet,” said Stan Brand, a former general counsel for the House of Representatives. “I don’t know if the Congress knows.”Democrats are eager to highlight what they view as abuses of power (Getty)Nonetheless, Democrats are eager to highlight what they view as abuses of power. These include a succession of investigations the department has launched into the president's perceived adversaries, many of which grand juries have rejected, judges have dismissed, or that have otherwise stalled without apparent progress. The weeks leading up to the election alone were eventful.The department unsuccessfully sought an indictment against former White House aide Cassidy Hutchinson. It accelerated an investigation into Democratic Rep. Ilhan Omar. It employed an unusual maneuver to file a fresh criminal case against former FBI Director James Comey. It also charged two ex-FBI officials in a complaint that a judge swiftly dismissed.Political pressure from the White House is unlikely to wane given the promotion of Stephen Miller, a devoted Trump loyalist, to chief of staff. Justice Department leadership has suggested it will not let Democrats' threats of investigations deter it from pursuing the White House's priorities, and may become even more aggressive in pressing the president's causes.“We will not back down. This will not slow us down. This will not stop us,” Blanche said in a recent Fox News interview (Reuters)“We will not back down. This will not slow us down. This will not stop us,” Blanche said in a Fox News interview Monday. “President Trump has two years remaining in this administration and you better believe that we’re going to use it effectively.” In a call with U.S. attorneys across the country this week, a top Blanche aide, Aakash Singh, told prosecutors to prepare to be on "wartime" footing.He also suggested more U.S. attorneys may be pushed out after a spate of postelection departures, according to people familiar with the call who spoke on the condition of anonymity to discuss internal department discussions.The Justice Department said the “‘wartime’ reference had everything to do with public safety,” noting that some “newly elected state and local leaders are no longer interested in partnering with federal law enforcement.”Any additional U.S. attorney departures would add to a string of significant departures in the days after the election. Then, the Senate-confirmed leaders of the department's National Security, Civil and Civil Rights divisions all announced their resignations.Early rhetorical clashes between lawmakers and the departmentThe divisions will have temporary leaders but are unlikely to get Senate-confirmed ones given the Democratic majority.“What that means for DOJ, potentially, is just a lot of inaction, with tough decisions not being made because typically those tough decisions are made by confirmed people at the top of the components,” said Greg Brower, a former U.S. attorney in Nevada during President George W. Bush's administration who was later the FBI's chief congressional affairs official.The Republican-led House voted in 2012 to hold then-Attorney General Eric Holder in contempt of Congress (Getty)The department said in a statement that it has “full confidence in the leaders stepping in to guide our Divisions, and its mission is unchanged: enforce the law, combat crime, and protect the American people.” Tensions between the Justice Department and an opposing party in Congress are a staple of oversight dating back decades and spanning administrations.The Republican-led House voted in 2012 to hold then-Attorney General Eric Holder in contempt of Congress. Democrats did the same in 2019 when William Barr led the Justice Department. There were even interparty clashes during the first Trump administration. But the situation now is unlike anything the current department has experienced.As the minority party in both the House and Senate, Democrats decried during hearings and in letters what they saw as the department's erosion of independence but had little power to demand accountability. On the rare occasion when the department did appear fazed by congressional oversight, it was generally because of Republican resistance, including over the handling of the Jeffrey Epstein files or an ultimately abandoned fund to compensate Trump allies.Despite early promises to work with the opposition, Trump has already accused Democrats of “extortion” and ordered the attorney general to conduct an investigation (AFP/Getty)The Democrats' planned inquiries have already invited opposition from Republicans and the White House. Trump has accused Democrats of “extortion” and ordered the attorney general to conduct an investigation. The White House has issued a warning on expected investigations, asserting in a letter from counsel Will Scharf that such inquiries, a routine function of Congress, may amount to “blatant criminality.”Members of Congress enjoy broad legal protections for acts they take as lawmakers under a constitutional principle known as “speech and debate.” “My first-year law students would fail if they wrote a letter like that,” Brand said. Additionally, Houston's top federal prosecutor sent a warning letter to Sen. Richard Blumenthal over the Connecticut Democrat's inquiry into funding for Trump's White House ballroom.In the letter, U.S. Attorney Aaron Reitz ordered Blumenthal to preserve all records relevant to his inquiry, and accused the senator of intimidating “citizens for engaging in philanthropic practices that will benefit our nation for generations.” Blumenthal responded that he would not be intimidated.Blanche told reporters Thursday that no open investigations into Democrats' rhetoric exist. He acknowledged that it is not a crime to warn of looming investigations. But he again expressed concern over what he described as threats against the administration.