Donald Trump never did much to hide his dangerous belief that the US justice department and the attorneys general who helmed it should serve as his own personal lawyers and follow his political orders, regardless of norms and the law.
Lawyers for Attorney General Letitia James said Graff's testimony "cast doubt on the completeness of Mr. Trump's affidavit," which stated his practice was to delegate document handling to his executive assistants. Graff said Trump "generally" left it to them but other departments could make their own decisions.
John R. Bolton, Mr. Trump’s former national security adviser, said in an interview that it was troubling that at such a critical juncture, Mr. Trump had pushed aside the Justice Department and White House counsel.
A person close to Mr. Pence, who was not authorized to speak publicly about the Oval Office conversation, said that Mr. Eastman acknowledged that the vice president most likely did not have that power, at which point Mr. Pence turned to Mr. Trump and said, “Did you hear that, Mr. President?”
The scheme put forward by controversial lawyer John Eastman was outlined in a two-page memo obtained by the authors for "Peril," and which was subsequently obtained by CNN. The memo, which has not previously been made public, provides new detail showing how Trump and his team tried to persuade Pence to subvert the Constitution and throw out the election results on January 6.
Giuliani then sent Graham several memos and affidavits claiming fraud. But when Graham's chief Judiciary Committee counsel Lee Holmes went over the claims, he found they were sloppy, overbearing and "added up to nothing," Woodward and Costa write. "Holmes reported to Graham that the data in the memos were a concoction, with a bullying tone and eighth grade writing."
At the same time, Giuliani sent multiple memos to Graham trying to convince him that the claims of election fraud coming from Trump's team were legitimate.
In the memo, Eastman went so far as to suggest Pence should take action without warning.
But while Lee and Graham heard out the cases from Trump's lawyers, they soundly rejected their claims, Woodward and Costa write.
"Lee's head was spinning," the authors write. "No such procedure existed in the Constitution , any law or past practice. Eastman had apparently drawn it out of thin air."
Lee also dismissed the Trump team's arguments that it had a case to overturn the election results in Georgia, saying they had to be made in court.
During Barr’s term in office, Trump ignored the tradition of justice as a separate branch of government, and flouted the principle of the rule of law, say former top justice lawyers and congressional Democrats. In Barr, Trump appeared to find someone almost entirely aligned with the idea of doing his bidding.
Similarly, the ex-justice department inspector general Michael Bromwich said: “I think it’s pretty clear Trump had little respect for some of the true bedrock principles that define this country – judicial independence and separation of powers, among others. He also never showed any understanding or appreciation for norms that have historically gone unchallenged – the importance of free and fair elections and the peaceful transfer of power.”
Trump’s desperate drive to overturn Joe Biden’s win reached a fruitless climax when Barr publicly disagreed with Trump’s baseless claims that he lost the election due to massive fraud. The acting attorney general, Jeffrey Rosen, who succeeded Barr last December, also resisted Trump’s strong-arm tactics to open conspiracy-driven inquiries into election results in states Biden won.
Barr publicly tapped the Connecticut US attorney, John Durham, to investigate the origins of the FBI’s 2016 inquiry into Russian meddling, a move several ex DoJ officials criticized as redundant and politically driven, since a similar inquiry was already under way by the DoJ’s own inspector general, but that prompted Trump to exclaim: “I think it’s great.”
Last year, Barr drew fire for sentencing decisions that were widely viewed as favoring two Trump associates: the longtime Trump confidant and self styled “dirty trickster” Roger Stone , and ex-national security adviser Michael Flynn , both of whom had been convicted in the Russia investigations.
In a blistering Washington Post op-ed , Schiff summed up the latest disclosures about the DoJ subpoenas, and the broader politicization at the DoJ under Trump.
Democrats in Congress, as well as Garland, have forcefully denounced these Trumpian tactics. Garland has asked the department’s inspector general to launch his own inquiry, and examine the subpoenas involving members of Congress and the media. Congressional committees are eyeing their own investigations into the department’s extraordinary behavior.