Analysis of Trump Administration’s Justice Department Practices

Emily Bazelon: Hi, David. Happy May! I heard you spent time with your grandchildren last weekend, which is a great way to start the month.

We begin with an unexpected topic, Jeff Sessions. His actions during Trump’s administration offer several points of interest. Sessions, as Trump’s first attorney general, issued a 2017 memo prohibiting the Justice Department from using lawsuit settlements to fund third parties not directly harmed by the case. Sessions aimed to ensure settlement funds compensated only the victims.

Sessions reacted to controversies around settlements negotiated by Obama’s Justice Department. A prominent example involved settlements with banks over lending practices before the 2008 financial crisis. In that case, some settlement funds helped groups like the National Council of La Raza and NeighborWorks, which provided legal aid or community support in impacted areas. Republicans criticized these actions, accusing the DOJ of bypassing Congress to direct funds to Democrat-favored groups.

The current scenario with the Trump administration, however, presents a stark contrast. The Trump Justice Department recently introduced a $1.776 billion fund. This fund is part of a deal where Trump and his family agreed to drop a $10 billion lawsuit against the IRS for leaked tax information.

The document includes a clause granting Trump immunity from tax investigations indefinitely, highlighted in all caps, as signed by acting Attorney General Todd Blanche.

David French: The Obama-era practices pale in comparison to Trump’s current actions. Trump is establishing a massive fund solely under his control. This slush fund, as it is termed, uses self-determined payment procedures. With $1.776 billion at his disposal, Trump holds the capability to significantly enrich his supporters.