A Week of Legal Embarrassments for the Trump Administration
President Donald Trump's Justice Department faced a series of stinging legal defeats this week, culminating in a controversial new confrontation with a decorated astronaut and senator. The administration's struggles in court underscore its challenges in using legal mechanisms against perceived political opponents.
Courtroom Defeats: Cases Against Comey and James Dismissed
On Monday, the Trump administration suffered two significant legal losses when a federal judge threw out cases against former FBI Director James Comey and New York Attorney General Letitia James. U.S. District Judge Cameron McGowan Currie ruled that President Trump had unlawfully appointed Lindsey Halligan as interim U.S. Attorney for the Eastern District of Virginia, invalidating the cases brought under her authority.
This represents just the latest embarrassment for the Justice Department under Trump. The President had tapped Halligan for the role after her predecessor reportedly found insufficient evidence to criminally prosecute James.
Both James and Comey have long been on Trump's list of political adversaries. While the indictment against Comey ostensibly concerned allegedly false testimony before Congress in 2020, Trump's animosity stems from Comey's leadership during the probe into Russian interference in the 2016 presidential election, which contributed to Trump firing him as FBI director in 2017.
The targeting extended to Comey's family, with the Justice Department firing Maurene Comey, the former director's daughter, from her position as a prosecutor in Manhattan's Southern District of New York in July.
Trump's conflict with James originates from her role as New York Attorney General, where she launched a civil fraud investigation against the Trump Organization. This case concluded with Judge Arthur Engoron ordering Trump to pay a $354 million fine plus interest. Though Trump's team is expected to appeal, they face similar legal hurdles in higher courts.
Political Humiliations and a New Target
The legal setbacks formed part of a broader pattern of political difficulties for the Trump administration. Last week, Trump reversed his position on releasing files related to Jeffrey Epstein, giving Republicans permission to vote for disclosure after months of dismissing the matter as a "Democrat hoax." The measure passed with near-unanimous Republican support.
Further complicating matters, Representative Marjorie Taylor Greene announced she would resign from Congress in January following Trump withdrawing his endorsement. While Trump celebrated her departure, it practically weakens his and House Speaker Mike Johnson's position by reducing their voting numbers.
Rather than retreating, the administration launched a fresh controversy on Monday when the Pentagon announced a "thorough review" of "serious allegations of misconduct" against Senator Mark Kelly, a Democratic senator from Arizona. The Pentagon stated Kelly could be recalled for active duty for court-martial proceedings or administrative measures.
Kelly represents a state Trump won and brings impeccable credentials: a former U.S. Navy captain, NASA astronaut who flew four space missions, and husband to former Representative Gabrielle Giffords, who survived an assassination attempt in 2011. He had been on Kamala Harris's shortlist for vice president.
The conflict emerged after Kelly joined other Democratic legislators in releasing a video informing active-duty service members that they could refuse to obey illegal orders. Trump characterized this behaviour as seditious and suggested it could be punishable by death, while most Republicans either defended his statements or remained silent.
Pattern of Political Targeting
This latest action against Kelly appears consistent with the administration's pattern of using federal resources against political opponents. Similar to when Trump deployed the National Guard and Marines to Los Angeles without Governor Gavin Newsom's permission—which ultimately boosted Newsom's profile—the move against Kelly will likely generate significant backlash and enhance the senator's reputation among Democrats.
Legal analysts suggest the case against Kelly will probably collapse in the same manner as the failed prosecutions of Comey and James. Kelly himself shows no signs of intimidation from Trump's attacks, while the episode provides another example of the administration equating political enemies with enemies of the state.
