DOJ Pokes Another Stick In Trump’s Eye. It Will Retry A Man Donald Trump Granted Clemency To – Opinion

The raid on Trump’s home last Monday was the high water mark of Merrick Garland’s politicization of the Department of Justice. This act of using the DOJ to weaponize was shocking because it broke accepted norms. The FBI was not required to serve a search warrant. A subpoena or even a phone would have sufficed, but a subpoena or a phone doesn’t send a “we can do whatever we want” message. A 9-hour-long rummage through desks, sock drawers, and Melania Trump’s closet do.

Merrick Garland and his Justice Department aren’t done poking Trump in the eye. Mar-A-Lago is the target of yet another act of political vengeance by the DOJ. The DOJ has decided that it will retry a man Trump commuted the sentence of with a grant of “time served”.

That’s right, the power of a president to pardon or commute a sentence to any person for any federal crime is plenary and inviolate, but apparently not for the DOJ in 2022.  Never mind that it’s a constitutional power – Trump used it. Trump wie all previous presidents had the ability to use it. Although Trump was able to exercise his power of clemency 1,690 less times than Barack Obama in total, there were some individuals Trump pardoned that I felt weren’t deserving. Trump pardoned Jared Kushner’s father. Charles Kushner, a businessman with bad reputation, was once accused of tax evasion and hired a prostitute to seduce a witness. Kushner planned to send the photos to the man’s wife in an act of vengeance. Kushner wasn’t wrongly convicted. He was just the father of Trump’s son-in-law. Unsavory, yes. Was pardoning within Trump’s authority? Absolutely.

Philip Esformes was another man Trump pardoned. Esformes, who was accused of healthcare fraud was convicted of 14 counts. Although Esformes was convicted on 14 counts of healthcare fraud, the jury failed to reach a verdict on the primary count of Medicare fraud. The jury also failed 5 additional charges. His sentence was 240 months. He was also ordered to forfeit 38 millions dollars and to pay a $5 million fine. Trump didn’t pardon Esformes rather his sentence was commuted to time served. Fines and forfeiture were not removed. One can ponder why Trump decided to commute Esformes’ sentence to time served. Esformes seems like a “bad guy” but the point isn’t Esformes’ guilt or innocence. While Trump was president he didn’t have to justify his clemency power. That power is also unlimited. The Justice Department could leave it alone in normal circumstances, with a non-political DOJ. But, this is not normal at DOJ.  Trump’s actions in office will be tried to undo by the Justice Department. Esformes, too?

Unsatisfied with Esformes serving “time served” and paying fines and forfeiting 38 million dollars, the DOJ plans to retry Esformes on the 6 counts he wasn’t convicted on. What is the American history of this happening? Is there a president pardon that the DOJ has not reopened criminal cases? Never.

Jonathon Turley was a vocal critic of Trump’s pardons, but Turley recognizes that Trump had unfettered authority to pardon whomever he wished to pardon. Turley believes that the DOJ should reopen the Esformes case. This is not about Esformes – it’s about Trump. Other people agree.

Joe Tacopina is a New York attorney for criminal defense.

“And if there’s any question about that, what the prosecution is doing here against Mr. Esformes is unprecedented.” He’s clearly a political casualty of partisan games.”

This sets another dangerous precedent, and it has nothing to do with justice – it has everything to do with poking another stick in the eye of Donald Trump.

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