Justice Department

Subterms

    Latest story

    113 Shares39 Views

    Justice Dept. Explores Using Criminal Charges Against Election Officials

    by

    Such a path could drastically raise the stakes for federal investigations of state or county officials, bringing the department and the threat of criminalization into the election system.Senior Justice Department officials are exploring whether they can bring criminal charges against state or local election officials if the Trump administration determines they have not sufficiently safeguarded their computer systems, according to people familiar with the discussions.The department’s effort, which is still in its early stages, is not based on new evidence, data or legal authority, according to the people, speaking on the condition of anonymity to describe internal discussions. Instead, it is driven by the unsubstantiated argument made by many in the Trump administration that American elections are easy prey to voter fraud and foreign manipulation, these people said.Such a path could significantly raise the stakes for federal investigations of state or county officials, thrusting the Justice Department and the threat of criminalization into the election system in a way that has never been done before.Federal voting laws place some mandates on how elections are conducted and ballots counted. But that work has historically been managed by state and local officials, with limited involvement or oversight from Washington.In recent days, senior officials have directed Justice Department lawyers to examine the ways in which a hypothetical failure by state or local officials to follow security standards for electronic voting could be charged as a crime, appearing to assume a kind of criminally negligent mismanagement of election systems. Already, the department has started to contact election officials across the country, asking for information on voting in the state.Ballots from the 2024 general election locked in a secure warehouse area of the Ada County Elections Office in Boise, Idaho, last November.Natalie Behring for The New York TimesWe are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

    More stories

    • 125 Shares139 Views

      in Elections

      Judge Orders Abrego Garcia Released on Smuggling Charges Before Trial

      by

      The order to release Kilmar Armando Abrego Garcia from criminal custody as he awaits trial was a rebuke to the Trump administration. But he is likely to remain in immigration custody.In a sharp rebuke to the Justice Department, a federal judge said on Sunday that Kilmar Armando Abrego Garcia should be freed from criminal custody as he awaits trial on smuggling charges after his wrongful deportation to El Salvador and return to the United States.In a scathing order, the judge, Barbara D. Holmes, ruled that Mr. Abrego Garcia was neither a flight risk nor a danger to the community. The decision undermined repeated claims by President Trump and some of his top aides who have described the Salvadoran immigrant as a violent gang member, even a terrorist.But the decision by Judge Holmes, filed in Federal District Court in Nashville, was likely to be a short-lived victory for Mr. Abrego Garcia and his defense team. The judge acknowledged that he would probably remain in the custody of immigration officials, as his charges of smuggling undocumented immigrants across the United States moved through the courts.Judge Holmes’s ruling was the first judicial evaluation of the charges filed against Mr. Abrego Garcia since he was suddenly brought back to U.S. soil last month after prosecutors indicted him in Nashville. The decision to get him out of Salvadoran custody came as the Justice Department was under mounting pressure in a separate civil case. The judge in that case has threatened to hold administration officials in contempt for their serial evasions and delays in complying with her order to free him from El Salvador.Federal prosecutors immediately asked Judge Holmes to put the decision to free Mr. Abrego Garcia on hold, even as his lawyers hailed it.“We are pleased by the court’s thoughtful analysis and its express recognition that Mr. Abrego Garcia is entitled both to due process and the presumption of innocence, both of which our government has worked quite hard to deny him,” Sean Hecker, one of the defense lawyers, said.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

    • 150 Shares195 Views

      in Elections

      Defense Lawyers for Kilmar Abrego Garcia Ask Judge to Release Him Pretrial

      by

      The request came as lawyers in Kilmar Armando Abrego Garcia’s separate civil case were poised to ask a different judge to hold the Trump administration in contempt for sidestepping one of her orders.Defense lawyers for Kilmar Armando Abrego Garcia, the Salvadoran immigrant who was recently brought back to the United States to face a federal indictment after being wrongfully deported to a prison in El Salvador, said in court papers on Wednesday that he should remain free from custody as he awaits trial.The papers, filed in Federal District Court in Nashville, amounted to the opening salvo of efforts by the defense lawyers to challenge the charges that were filed last week against Mr. Abrego Garcia.“With no legal process whatsoever, the United States government illegally detained and deported Kilmar Abrego Garcia and shipped him to the Center for Terrorism Confinement (CECOT) in El Salvador, one of the most violent, inhumane prisons in the world,” the lawyers wrote.“The government now asks this court to detain him further,” they went on, asking Judge Waverly D. Crenshaw Jr., who is handling the criminal case, to deny the request. Judge Crenshaw is set to hold a hearing on Friday to arraign Mr. Abrego Garcia and to hear arguments about whether to detain him before the trial.Mr. Abrego Garcia, a metalworker who was living in Maryland when he was arrested on March 12 and summarily deported three days later to El Salvador, had for weeks been trying through lawyers representing him in a separate civil case to enforce a court order instructing the Trump administration to take active measures toward securing his freedom.But after the administration repeatedly sought to sidestep and delay complying with that order, the Justice Department abruptly changed course. Top department officials announced on Friday that Mr. Abrego Garcia had been brought back to the United States to stand trial on charges of taking part in a yearslong conspiracy to smuggle thousands of undocumented immigrants across the country as a member of the violent street gang MS-13.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

    • 138 Shares129 Views

      in Elections

      Return of Abrego Garcia Raises Questions About Trump’s Views of Justice

      by

      For the nearly three months before the Justice Department secured an indictment against the man, it had repeatedly flouted a series of court orders to “facilitate” his release from El Salvador.When Attorney General Pam Bondi announced on Friday that Kilmar Armando Abrego Garcia had been returned to the United States to face criminal charges after being wrongfully deported to a prison in El Salvador, she sought to portray the move as the White House dutifully upholding the rule of law.“This,” she said, “is what American justice looks like.”Her assertion, however, failed to grapple with the fact that for the nearly three months before the Justice Department secured an indictment against Mr. Abrego Garcia, it had repeatedly flouted a series of court orders — including one from the Supreme Court — to “facilitate” his release.While the indictment filed against Mr. Abrego Garcia contained serious allegations, accusing him of taking part in a conspiracy to smuggle undocumented immigrants as a member of the street gang MS-13, it had no bearing on the issues that have sat at the heart of the case since his summary expulsion in March.Those were whether Mr. Abrego Garcia had received due process when he was plucked off the streets without a warrant and expelled days later to a prison in El Salvador, in what even Trump officials have repeatedly admitted was an error. And, moreover, whether administration officials should be held in contempt for repeatedly stonewalling a judge’s effort to get to the bottom of their actions.Well before Mr. Abrego Garcia’s family filed a lawsuit seeking to force the White House to release him from El Salvador, administration officials had tried all means at their disposal to keep him overseas as they figured out a solution to the problem they had created, The New York Times found in a recent investigation.Cesar Ábrego García, left, and Cecilia García, center, the brother and mother of Kilmar Armando Abrego Garcia, participated in a press conference with Senator Chris Van Hollen, Democrat of Maryland, following his trip to El Salvador.Allison Bailey for The New York TimesWe are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

    • 100 Shares159 Views

      in Elections

      Trump Orders Investigation of Biden and His Aides

      by

      The executive order is the latest effort by President Trump to stoke outlandish conspiracy theories about his predecessor and question the legality of his actions in office.President Trump ordered his White House counsel and the attorney general on Wednesday to investigate former President Joseph R. Biden Jr. and his staff in Mr. Trump’s latest attempt to stoke outlandish conspiracy theories about his predecessor.In an executive order, Mr. Trump put the power and resources of the federal government to work examining whether some of Mr. Biden’s presidential actions were legally invalid because his aides had enacted those policies without his knowledge.The executive order came after Mr. Trump shared a social media post over the weekend that claimed Mr. Biden had been “executed in 2020” and replaced by a robotic clone, following a pattern of suggestions by the president and his allies that Mr. Biden was a mentally incapacitated puppet of his aides.The former president called such claims “ridiculous and false” in a statement on Wednesday after the order’s release.“Let me be clear: I made the decisions during my presidency,” he said. “I made the decisions about the pardons, executive orders, legislation and proclamations.”The order comes after disclosure in recent weeks that Mr. Biden, 82, had received a diagnosis of advanced prostate cancer and in the wake of renewed scrutiny of his health during his presidency.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

    • 138 Shares109 Views

      in Elections

      Judge Considers Early Release of Martin Luther King Jr. Assassination Documents

      by

      The materials are scheduled to be unsealed in 2027, but President Trump signed an executive order in January aimed at moving up the date.A federal judge in Washington said on Wednesday that he was open to lifting a court order ahead of schedule to release potentially sensitive documents related to the assassination of the Rev. Dr. Martin Luther King Jr., nodding to an executive order President Trump signed in January aimed at achieving that outcome.During a hearing on Wednesday to discuss the possibility, Judge Richard Leon of the Federal District Court for the District of Columbia nonetheless cautioned that he intended to proceed slowly and prioritize privacy in an extended process to determine whether any documents should be released before 2027, the date that another judge set in 1977 for the documents to be unsealed.Judge Leon said he would start by ordering the National Archives to show him — and him alone — an inventory of all the sealed materials related to Dr. King that have been stored there.He said that the inventory, which the government says it has not reviewed, might help shed light on whether documents specifically related to Dr. King’s assassination in 1968, and the investigation by the Federal Bureau of Investigation that followed, had been separated out and could be efficiently processed.The hearing on Wednesday came through a lawsuit brought by the Southern Christian Leadership Conference, the civil rights organization based in Atlanta associated with Dr. King, which has sued to halt any effort to unseal documents early.It came in response to an executive order Mr. Trump signed in January that directed intelligence agencies to set in motion plans to release records related to the assassinations of Dr. King, President John F. Kennedy and Senator Robert F. Kennedy.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

    • 125 Shares189 Views

      in Elections

      Justice Dept. Drops Biden-Era Push to Obtain Peter Navarro’s Emails

      by

      The department’s move is one of many recent actions taken to dismiss criminal and civil actions against Trump allies such as Mr. Navarro, the president’s trade adviser.The Justice Department has abruptly dropped its effort to force Peter Navarro, President Trump’s trade adviser, to turn over hundreds of his emails dating to the first Trump administration to the National Archives, according to a court filing on Tuesday.The decision to drop the civil lawsuit was disclosed in a one-page notice filed in Federal District Court in the District of Columbia. The department offered no explanation for the move, but it is one of many recent actions it has taken to dismiss criminal and civil actions taken against Trump allies.Mr. Navarro, 75, had long resisted the government’s request that he give the archives emails from his personal ProtonMail account relating to his role as a White House adviser, as required by the Presidential Records Act.Defiance is Mr. Navarro’s default. He served about four months in the geriatric unit of a federal prison in Miami after refusing to comply with a subpoena to appear before a congressional committee investigating his false claims about the 2020 election.In 2022, the Biden Justice Department sued Mr. Navarro, one of the main architects of Mr. Trump’s second-term tariff policy, to retrieve the communications. The lawsuit charged him with “wrongfully retaining presidential records that are the property of the United States, and which constitute part of the permanent historical record of the prior administration.”The lawsuit accused Mr. Navarro of using his private email account to conduct public work, including an effort to influence the White House response to the pandemic. Those emails were needed to preserve the historical record, officials at the archives said.Mr. Navarro unsuccessfully petitioned the Supreme Court to dismiss the suit last year.A federal magistrate judge earlier reviewed about 900 messages, determining that more than 500 were not presidential records. He ordered additional hearings to decide how many of the remaining 350-plus emails needed to be turned over to the government.Mr. Navarro’s lawyer did not immediately return a request for comment.Stanley Woodward, who represented Mr. Navarro in both his civil and criminal cases, recused himself after Mr. Trump appointed him in April to serve as associate attorney general. More

    • 138 Shares119 Views

      in Elections

      A Trump Official Threatens to Sue California Schools Over Trans Athletes

      by

      A letter from the assistant attorney general for civil rights, Harmeet K. Dhillon, said that allowing trans athletes to compete in high school sports was unconstitutional.The U.S. Department of Justice on Monday threatened legal action against California public schools if they continued to allow trans athletes to compete in high school sports, calling the students’ participation unconstitutional and giving the schools a week to comply.In a letter sent to public school districts in the state, Harmeet K. Dhillon, assistant attorney general for civil rights, said the California Interscholastic Federation’s 2013 bylaw that allowed trans athletes to compete violated the Equal Protection Clause of the Constitution and discriminated against athletes on the basis of sex.“Scientific evidence shows that upsetting the historical status quo and forcing girls to compete against males would deprive them of athletic opportunities and benefits because of their sex,” Ms. Dhillon wrote, referring to trans girls as males.Elizabeth Sanders, a spokeswoman for the California Department of Education, said on Monday that the department was preparing to send guidance to the state’s school districts on how to respond, and that it would do so on Tuesday.The Justice Department’s move came two days after a trans girl won championships in two girls’ events at the California state track and field meet, and less than a week after President Trump decried her inclusion in the competition, saying that he would cut federal funding to the state if it let her participate.At the meet, held over two days in Clovis, Calif., the trans girl, AB Hernandez, won the girls’ high jump and triple jump, and also finished second in the long jump for Jurupa Valley High School, in what is arguably the most competitive high school meet in the nation. In a statement provided by the group TransFamily Support Services, her mother, Nereyda Hernandez, said that it was her daughter’s third year of competing in sports.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More