DOJ ordered a sweeping data collection from U.S. attorneys on Trump-era priorities days before Thanksgiving
Interview transcript:
Terry Gerton You’ve reported on an incident that happened just before Thanksgiving, when the Justice Department demanded a massive collection of data from U.S. attorneys. Tell us what they were asking for and why they got such a short deadline to provide it.
Ben Penn Yes, so the Deputy Attorney General’s office on the Monday before Thanksgiving asked all 93 U.S. attorneys’ offices for a collection of basically data points, samples of all the cases that they’re working on that show progress on a variety of White House directives and memos from the political leadership of the Department of Justice. And this was basically, it’s not all that abnormal to do something like this, which is called a data call, for the DOJ headquarters in Washington to seek statistics and basically hold the U.S. attorney’s offices feed to the fire and show them and give them specific data points that demonstrate progress on some of the prior year’s policy priorities. But this one did come across as a little bit grueling given the timing with such short turnaround. They were all told they had only two days before to turn around the data and respond by the Wednesday night before Thanksgiving, and just the sheer volume of all the data and stats that was being asked for. I did hear from folks that that was a little bit noteworthy, but overall, I think what’s interesting here is the request serves as a snapshot, it’s sort of a window into, what are the policy buckets that enforcement, in particular, that this administration is most keen to provide examples of to show the White House that it’s fulfilling its objectives.
Terry Gerton So you sound like there’s two conflicting thoughts there. One is, this is a normal end-of-year data call to get a comprehensive perspective of all the work that DOJ has done over the past year and yet they really had about a 72-hour timeline to do it. Did somebody forget to send the email three weeks earlier, or what’s going on there?
Ben Penn I don’t have any insight there. I will say that it could simply be, we could speculate as to whether the White House, given all that’s been going on this year, with the White House moving DOJ’s agenda closer to its own, if it came from the White House asking to, maybe expressing frustration about, why aren’t there more cases, for instance, on lawsuits against sanctuary city jurisdictions, or, where are political violence cases pursuant to an EO, or executive order that Trump put out after Charlie Kirk was murdered? But we don’t know for sure, and it is possible that this is just, that to be a U.S. attorney is not an easy job and having a tight deadline may just be part of the process.
Terry Gerton You mentioned a couple of specific situations there that they were looking for data on. Tell us more about the investigation of organized political violence after Charlie Kirk’s murder.
Ben Penn Yeah, so in September and shortly after Kirk was assassinated, there was a, it was, I called it an EO earlier, it was actually technically a presidential memorandum that came out and instructed the Attorney General Pam Bondi to basically ensure that there were cases that were being brought that specifically looked at organized political violence and domestic terrorism issues that have been priorities of the department in the past, but specifically in this case it seemed to direct request for information about left-leaning groups and funding sources like the George Soros’ Open Society Foundation, and to look at Antifa and to try to investigate all the possible sources of organized political violence. So that was one of them. There was also a request for information on open cases that had a nexus to cartels or transnational criminal organizations, which stemmed from an Attorney General Pam Bondi memo back in February. There’s also requests for all cases that are all examples of dismissals or cases that were closed in the aftermath of Deputy Attorney General Todd Blanche’s memo earlier this year that called for basically scaleback enforcement of the cryptocurrency industry. Those are just some examples.
Terry Gerton I’m speaking with Ben Penn. He’s a senior reporter at Bloomberg Law. So what are the kinds of documents that DOJ should be expecting to get back from this data call?
Ben Penn Yeah, well presumably, assuming all 93 U.S. attorneys’ offices were in compliance with the deadline, they have basically, I would say it’s both numerical and there are probably narrative examples of the types of cases that the department is in the midst of pursuing into cartels or into foreign terrorist organizations. So, but you would also see counts of say, all the U.S. attorneys’ offices combined have brought, say, the X number of lawsuits against sanctuary jurisdictions, or have brought X number of cases under, there was a specific request, for instance, to show the number of cases, criminal prosecutions of adults who sponsored unaccompanied migrant children. That was another recent policy from the Deputy Attorney General asking U.S. attorney’s offices to take a harder stance on looking for any crimes that an adult sponsor of an unaccompanied migrant child may have committed. So they’re looking to tally up all the examples that show how the extent to which the U.S. attorneys’ offices are implementing what the administration wants them to be doing.
Terry Gerton Given now that the data call itself is public knowledge, what would you expect to happen with the data as it’s collected? Will that also be public, do you think? Or will lawmakers want access to it, and what conclusions will people draw?
Ben Penn I would love to provide some transparency into this, Terry. Unfortunately, I would not expect it unless anybody would like to disclose the results to me or to any other member of Congress or reporter. But the existence of this request was an internal email that I obtained. And I believe, it is, at the same time, I could see if the Attorney General, Deputy Attorney General are pleased with the results, you could see them highlighting it in an end-of-year summary of success that we’ve had in enforcing the president’s priorities. That’s something that you would see, but there is no obligation for them to show their work, if you will.
Terry Gerton And might Congress be interested in it as a matter of oversight?
Ben Penn Yeah, I could certainly see that, whether both supporters or critics of this administration would have an interest in knowing the extent of enforcement into political violence, into sanctuary jurisdictions, into cryptocurrency industry. That’s all information that you could expect in an oversight request. Or, subject to the next time one of the senior DOJ officials is testifying on the Hill, we could see questions along those lines. So I’m all about transparency. I would love to see as much robust data that shows what came of this request as possible.
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