Ed Martin expected to be the U.S. Attorney in D.C. in this administration. Unfortunately, even the Republican-controlled Senate found the January 6 cheerleader too irredeemably stupid to trust with safety scissors, let alone one of the most important prosecutorial offices in the country. While Trump made up new rules to keep nominees like Alina Habba in office, that wasn’t political capital the president was willing to spend on Martin. And so Eagle Ed’s tenure as interim U.S. Attorney closed and all he had to show for it was an ethical misconduct complaint for using his position to drop charges against his own former client, a series of insane threats against Democratic lawmakers, and a written record that he may not understand basic English grammar.
With this sterling resume, Trump pivoted and found a new job for Martin that, conveniently, didn’t involve Senate confirmation! As head of the DOJ’s unintentionally accurately named “Weaponization Working Group,” Martin has ignored the implied “anti-” prefix and launched himself into efforts to punish Trump’s personal grudges. In taking on the job, he even said the quiet part out loud, admitting that he planned to use the DOJ to harass the president’s enemies even if there’s no legal basis for it. “If they can be charged, we’ll charge them,” Martin explained, correctly describing his job and the ethical rules governing the institution. “But if they can’t be charged, we will name them… in a culture that respects shame, they should be people that are ashamed.”
Which is how blackmail works.
Martin has predictably flopped on the first part, but relishes the second. One of his targets, New York AG Letitia James — whose sin was proving that the Trump Organization engaged in hundreds of millions of dollars worth of business fraud — recently found Martin dressed like Inspector Gadget outside her Brooklyn home. Martin has opened a grand jury inquiry into James, suggesting she committed mortgage fraud. That’s generally not a positive sign for a serious investigation.
Nor is this…
Abbe Lowell, representing James, had written Martin to chastise the bumbling prosecutor for playing amateur gumshoe outside the James home. Remember that this administration went bananas when the media pointed out that Kristi Noem lived in a publicly owned residence designated for a government official (though not Noem… she’s just seized the Coast Guard chief’s assigned house)? Apparently, taking pictures sufficient to identify a private building is fine if the official is a Democrat. Martin used the appearance as part of an exclusive story with the New York Post given that, as foreshadowed by his remarks, he knows he can’t charge anyone, so he’s desperate to make this a media circus.
In a hit-dog-will-holler moment, Martin wrote back accusing Lowell of “using the media to argue [his] points,” and demanding the lawyer “redouble” efforts to keep letters from leaking.
The letter was then leaked… probably by Martin’s office.
There is, of course, no reason why a potential defendant would have to keep a letter that they wrote to the DOJ confidential. In ordinary times, the DOJ might try to keep the grand jury investigation confidential, but Martin has plastered its existence everywhere because, again, he understands that this is bogus and all a shaming exercise. But the target can do whatever they please.
But this is the true coup de dumbass:
At this time, Letitia James would best serve the “good of the state and nation” by resigning from office to address the issues in the referral. Her resignation from office would give the people of New York and America more peace than proceeding. I would take this as an act of good faith.
“Aw, be a pal and resign, eh?” It’s the apotheosis of the “blackmail over law” mentality. If a prosecutor believed someone committed mortgage fraud, the case isn’t resolved by the offender resigning a wholly unrelated job. This is just a hustle. That he’s now begging James to resign — without an indictment in hand, mind you — screams of comic desperation. It also underscores the strength of the Jack Smith cases against Trump. Lengthy, non-public investigations to respect the defendant’s rights, real warrants, an indictment… it’s just a lot easier to get a prosecution going when the target, you know, actually committed crimes. Martin’s not enjoying the same succeess.
As they say, “when people tell you who they are, trust them.” Martin declared from the outset of his new role that he intended to use the Justice Department to harass people who didn’t commit crimes. He’s done it. And he’s going to continue to do it, even after Lowell tells him to pound sand and the grand jury refuses to indict James. Martin will continue taking abusing the DOJ for petty vengeance kicks unless something is done to change his calculus.
Here’s a fun project for Democratic hopefuls: promise to waive qualified immunity for cases against Trump DOJ officials. Pledge that, if elected, those targeted by Martin’s nonsense can bring claims against him for violating their rights. These weaponization projects depend on sniveling rats like Martin hiding behind qualified immunity to shield their official abuses from accountability.
Presidents, theoretically, can’t do this. Qualified immunity is a scrivener’s error, but to the extent it carries legal weight, it’s a statutory defense recognized by the courts. But, hey, I hear it’s all the rage to assert that “Article II” means the president wields complete discretionary authority over the management of the executive branch! To the extent qualified immunity is justified at all, it’s based on the idea that the law enforcement mission needs the benefit of the doubt to make mistakes from time to time — that sounds like a benefit the DOJ as an institution should have the power to exercise… or not. The future Democratic administration doesn’t get involved in going after Trump officials, they just stay out of the way as individual victims of the administration pursue civil cases.
Perhaps a futile threat that the courts would ultimately reject. But Martin’s whole project is based on the idea that the threat of a lengthy, expensive, if ultimately fruitless case is a risk in itself. Maybe it could shame Martin into dampening his zeal for these frivolous legal threats.
Though it would depend on Martin being smart enough to understand the risks, and there’s not much evidence backing that up so far.
Earlier: Ed Martin Pledges To Use DOJ To Harass People He Can’t Actually Prosecute
Trump Dumps Ed Martin In Favor Of ‘Shit Sandwich Senate Will Eat’
Interim DC US Attorney Earns First Professional Misconduct Complaint On The New Job
Trump US Attorney Doesn’t Understand Constitution, Basic Grammar
Joe Patrice is a senior editor at Above the Law and co-host of Thinking Like A Lawyer. Feel free to email any tips, questions, or comments. Follow him on Twitter or Bluesky if you’re interested in law, politics, and a healthy dose of college sports news. Joe also serves as a Managing Director at RPN Executive Search.
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