This isn't in Bondi's jurisdiction yet. DNI Tulsi Gabbard is the one taking the lead at the moment.
Bondi was using the prosecution of James Comey as the first crack in the door, because Comey was the lowest-level leadership involved in the crime. Bondi was using Comey's testimony before Congress to pursue perjury charges in the hope that:
- Evidence introduced at trial would be used in future trials against higher-ups.
- If convicted, Comey would be offered limited immunity to testify against the others to avoid a prison term.
However, a liberal district court judge threw out the case, not on the merits, but on the expired appointment of the prosecutor, which then let the statute of limitations for Comey to expire. Bondi is appealing to have the case restored.
The scheme that the judge is using to protect Comey goes like this:
- The Democrats have been blocking President Trump's appointments just like they did in 2017 (and even like they did to Bush in 2000 until 9/11 happened). Here we are in December and he still doesn't have his administration fully filled out. Senate Democrats have imposed an unprecedented blanket hold on all 93 U.S. Attorney nominees. Dick Durbin explicitly objected to Chuck Grassley's unanimous consent requests, blocking even nominees supported by their home-state Democratic senators.
- The reason that President Trump has to appoint "interim" or "acting" prosecutors is that the Democrats are purposely stalling the confirmation of the permanent positions. They want to keep the seat vacant so that the judges can use the vacancies to void prosecutions whenver an "acting" prosecutor's term expires.
- The Democrats have created a vicious circle: Block permanent appointment -> President appoints "interim"(120 day) officeholder -> temporary term expires -> Trump appoints a new "acting" officeholder (210 day term) -> acting term expires -> Trump does what???
- The courts are now rejecting future appointments, resulting in the prosecutor being vacant and the court now gets to choose the prosecutor it wants!
This is becoming judicial tyranny on the grounds laid down by the Democrats by creating permanent vacancies that can never be filled. This gives the District Court judges, who are already hostile to Donald Trump, the legal cover they need to keep making these rulings. The court is showing no interest in considering deference to the Executive who must keep his Department of Justice operating when the Senate is obstructing his confirmations.
The Senate blocks the President, the clock runs out, and the Court legally "usurps" the appointment power. By doing this, they are making it impossible to prosecute anyone in a blue state.
-PJ