The Michael Fanone Show
This is a free preview of a paid episode. To hear more, visit michaelfanone.substack.com [https://michaelfanone.substack.com?utm_medium=podcast&utm_campaign=CTA_7] Here’s something that doesn’t get said enough: when you put unqualified people in powerful jobs, they don’t suddenly become qualified. They just fail in more expensive and more public ways. That’s exactly what’s happening inside Donald Trump’s Justice Department. Politico reported that at least a dozen times in Trump’s second term, he handed control of an entire office of federal prosecutors to someone who has never tried a single case in federal court. Let that sink in. A U.S. attorney is the most powerful prosecutorial post in the country — the person who decides which investigations move forward, who gets charged, and who has to stand against the full weight of the federal government in a courtroom. Trump gave that power, over and over, to people who’d never done the job. I worked with a lot of prosecutors in my years with DC Police. The good ones knew the difference between a case you can win and a case you want to win. The bad ones learned that difference the hard way, in front of a judge, with everyone watching. Now picture putting someone in charge who’s never learned it at all. The results are exactly what you’d expect. Start in Wyoming. A panel of three judges threw out nine indictments. Nine. Why? Because the U.S. attorney there, Darin Smith, stood in front of a grand jury and called the defendants “bad guys” and “murderers” who “did what you are going to hear about.” That’s not how it works. A grand jury is supposed to be an independent body that decides whether there’s enough evidence to charge someone — you don’t walk in and hand them the verdict before they’ve heard a shred of evidence. It gets dumber: the judges found Smith passed out his business cards to the grand jurors and invited them to reach out. They wrote that he “impaired the grand jury’s integrity as an independent body.” Any first-year prosecutor knows not to do that. Smith didn’t, because Smith had never done this job. Now New York. A committee of the state appellate court found that John Sarcone, running the Northern District, committed professional misconduct. They were vague on the details, but when the court system itself is sanctioning the top federal prosecutor in a district, that’s not a small problem. Nevada. Sigal Chattah is running that office — but only as a first assistant, because a federal judge already disqualified her from holding the top job. What did she do? Canceled a plea deal at the last minute, one her own criminal division supervisor had already approved. The defendant is now trying to get her kicked off entirely, and she’s already been disqualified from supervising four other prosecutions. Say that again — four other prosecutions. This isn’t one bad day. It’s a clusterfuck of incompetence happening over and over. The DOJ’s response? A spokesperson said prior federal prosecution experience “is not the only qualification that makes someone a good U.S. Attorney.” Sure. It’s not the only one. But it might be a useful one when the job is, you know, prosecuting cases in federal court. Then North Carolina, where the U.S. attorney is Dan Bishop — a former Republican congressman who voted against certifying that Joe Biden won in 2020. Bishop also got named a special prosecutor to chase election fraud, and his early move was reportedly leaning on the FBI to reopen inquiries it had already closed because they went nowhere. So a guy who denied the last election result is now in charge of hunting election fraud. You can’t make it up. Here’s why experience actually matters, and it’s not just about following rules. A former federal prosecutor, Mimi Rocah, put it well: someone who’s never worked as a line prosecutor has nothing to compare a case to. They can’t look at an investigation and say, this one’s weak, we pass. And they’re far more likely to ignore the career people who do know better. So you get offices that chase bad cases, cut corners, and get embarrassed in court. We’ve already watched three of these picks flame out. Lindsey Halligan got disqualified, and a judge tossed her indictments against James Comey and Letitia James. Alina Habba, another former personal lawyer for Trump, got dinged by a judge over the “hasty arrest” of the mayor of Newark. And Ed Martin, who ran the Washington office, is facing disciplinary charges from the D.C. Bar — including for threatening to withhold funding from Georgetown’s Law Center to punish the school over its diversity practices, which the Bar called a First Amendment violation. So where did Ed Martin land after all that? Pardon attorney for the Justice Department. Failing upward — the official sport of this administration. Here’s the bottom line. We were told this was about being tough on crime. Law and order. But you don’t get law and order by handing the most serious prosecutorial power in the country to loyalists who’ve never set foot in the arena. You get tossed indictments. Sanctioned lawyers. Cases that collapse and defendants who walk because the person in charge didn’t know what they were doing. This is what happens when loyalty is the only qualification that counts. The work suffers, the public pays for it, and the people who actually wanted accountability watch it slip away because the person holding the gavel was picked for the wrong reasons. The one small mercy: when it comes to the cases where this administration is trying to shred the Constitution, they’ve got the D-list on the job. 🟧 Paid subscribers get 15% off your next merch order🟧 Founding Members get 20% off for life You’ll get the link in your welcome email. GET DISCOUNTS BELOW! ENJOY!
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