Trump's DOJ UNRAVELS into COMPLETE DISASTER
Legal AF
Nov 14, 2025
The Court of History's Sidney Blumenthal & Sean Wilentz are joined by Aaron Davis and Carol Leonnig to discuss their powerful new book (Injustice: How Politics and Fear Vanquished America's Justice Department). Together they dive into the untold threads behind the Jan. 6 riot and the ongoing questions surrounding Merrick Garland’s approach to accountability. A sharp, historically grounded conversation you won’t want to miss.
Transcript
Welcome to the Court of History. The Court is now in session. I'm Sydney Blumenthal. I'm here with my co-host
Sean Wentz of Princeton University. and Sean, every day there's just another
scandal out of the Justice Department of firing prosecutors, of of um persecuting
Trump's enemies, uh of purges, retribution.
Um we we've never seen anything like this in American history with the Justice Department. Yeah, the
transformation of the justice department into a kind of what a u it's the department of vengeance, not the
department of justice. And um but it is extraordinary. I mean, give them their due. I mean, it is every day. I mean,
this is a very active justice department. They're getting a lot done. It's just that what they're doing is is
is is criminal in my view. I mean, it's it's the Department of Injustice. Um
but the question is I I suppose is, you know, Why? What was the Justice Department
like before this? I mean, that's the question that comes to mind because, you know, if if we had this act of a justice
department as we do then as we do now, I suspect we know a lot more about what
would have happened back in 2020. I suspect we know a lot more about you know the the connection between say Donald Trump and and January 6th. But that department was very different and
you know just striking the difference at that level, quite apart from the what they're doing is how active they
are.
Well fortunately we can explore all of that now
with our guests. We're really lucky to have with us the uh co-authors
of an indispensable work of journalism that is really a lasting work
of history. Now, the book is entitled Injustice: How Politics and Fear Vanquished
America's Justice Department. It's really the story of the unraveling of justice since the first Trump
administration, and what happened. It's the inside view. No one else has this
information.
The authors are Carol Lennig, the chief investigative reporter
for MSNBC and a former reporter for the Washington Post. She has won the
Pulitzer Prize five times and is the author of Zero Fail and co-author of
books on Trump's first administration, a very stable genius and I alone can fix
it. And we also have Erin C. Davis, an
investigative reporter for the Washington Post. He's been awarded the Pulitzer Prize twice. I don't know where he fell down. He's was a finalist three
times. His coverage of the January 6 attack on the Capitol won the George
Pulk award, the Robert Robin Toner Award, and for his other post coverage,
the Pulitzer, welcome to the Court of History, Carol and Aaron Davis.
Pleasure to be here. Thank you for having us. I wonder if we can go through this history and this
chronicle that we're still living through and start not so much at
the beginning but at the Trump administration
in its first iteration and James Comey is the FBI director and
Robert Mueller the former FBI director is conducting the investigation. You
write a chapter whose title really tells a lot. The chapter
is called a trusting Mueller and a failure to see the endgame. What do you mean by that? What's going on here?
Thanks for zeroing in on that moment, which we haven't talked a lot about since the book was released November
4th. You know, everyone thinks they know, including Aaron and I. Everyone
thought they knew everything there was to know about the Mueller investigation, but actually there was a lot of concern
and dissension, mild level dissension and infighting
inside the Mueller team of investigators over how firm or how direct Robert
Mueller was going to be in reporting his findings. the ultimate findings of the team when looking at both the Russian
operation to try to infiltrate the election and try to interfere and hurt Hillary Clinton's chances for reelection
and also the investigation into whether Donald Trump as president had
obstructed that investigation, had sought to shutter it. Inside the
Mueller team there were people very concerned that his deputy Aaron Zebi was
sort of milding the report if you will and there's a moment where this is
where failure to see the endgame plays out.
There's a moment where Jeannie Ree, who's a senior counsel for Mueller, and
Aaron Zebi are arguing over the final report and the language that should be
used about what was found with regard to Russian interference. At some point,
Zebi, who is, you know, the right-hand man of Robert Mueller and channeling a
lot of his institutionalism, Mueller's desire to
see himself as working hand-in-hand with Bill Barr's justice department, not only
his good friend, but also ultimately the supervisor of this case. And Jeannie Ree
is saying to Zebi, "We need to be really clear that Russia tried to influence
this election in a way that would elect Donald Trump." I'm paraphrasing her, of
course, but we learned that in this argument, Aaron Zebi
believed that they should really say something like maybe we didn't find
anything when it came to allegations of Russian collusion. She was sort of gobsmacked by that. And Jeannie Ree was
a chess player, which is where we draw the chapter name from. She liked to play
the endgame of chess. She thought that was the most challenging part. And she
and her other teammates ultimately concluded that Mueller didn't really plan for the endgame, how his work might
be manipulated and recast as it ultimately was in a very fatal way for
the investigation by Attorney General Bill Barr. Yeah. And then that infamous press
conference where he claimed there was no collusion and distorted the findings. I remember that vividly. I had a report on the report, right? And I looked at the report and I said, "This is if you dig
deeply enough, this is devastating, you know, and then along comes Mueller and shut down my statement." I mean,
everybody just turned the other way immediately. Yeah. And Jeannie Reed, according to our reporting, was on a European
vacation when Bill Barr recast that there was nothing to see here. And she called her
team from abroad and said you know, I'm really feeling for you. I'm sorry
about what's happening. But she ultimately concluded there was no way to put that genie back in the bottle once
the American people heard there was nothing to see here. That they could fight and fight and fight over new press releases, or asking Bill Barr to do certain things, and to recast or
re-say, but she felt like it was all over.
Yeah. There's another investigation
that people have completely forgotten about that you and Aaron deal with in
the book that is kind of like prehistory, but I think Donald
Trump has not forgotten about it. And it is the investigation involving the alleged $10 million
bribe from the Egyptian president to Donald Trump that was investigated by
the DC US attorney Jesse Lou, and what happens to that?
Well, just as Carol said, you know, there were things that we all saw and and felt about the first Trump term that you realized how much the Justice Department was being changed, and pressure was being put on it then. But there were other
things that we really only began to peel back and understand in the years since then. And one is certainly this hidden part of the Muller investigation that is later sent to the US attorney's office regarding Egypt.
Yes. And this began in the very earliest days of the Trump term when
they were setting up Crossfire hurricane. And one of the things that
comes to the FBI's attention is that the CIA has an informant who's been
telling him that the Egyptian president, Abdel Fattah el-Sisi, told people to get
$10 million to Donald Trump for his 2016 campaign.
And this was a significant source of the CIA who had been beneficial
for American interests, and so they began investigating this. He
becomes a part of the Mueller team. He had broken up his operation into team M for Manifort and team R for Russian interference. And this was known as team 10 because it came from the
the idea of $10 million. And they did a lot of work on
this in the Mueller investigation in those years, but one thing they would not do was go the full
length of what the investigators felt needed to be done, to get the bank records, to see if you could find that money coming into Trump's bank accounts or campaign accounts.
And just near the end of the Mueller investigation, there is a significant break in this case. The Mueller team had pressed the
Egyptian government, and the Egyptian national bank, to release information about these accounts where they understood money came out of, and they actually do. It goes all the way to the Supreme Court, and we didn't know it at the time but they ultimately order the bank of Egypt to release these
records or face you know huge penalties, contempt of court. And
included in this information is a statement from one of the bank managers
describing how 5 days before Donald Trump is inaugurated, two guys come in who are
associated with the secret intelligence police in Egypt. They fill up two bags with $100 bills. These are US
currency totaling 10 million in cash, weighing over 220 pounds. And they carry
these bags out of a bank branch near Cairo airport.
This happens just before Mueller closes down his operation. And so this goes to the US attorney's office, and the investigators come over, some of them come over from the Mueller team, and continue working on it inside the US attorney's office, and they're like, "We really need to get all the bank records for Donald Trump, including from the time period after we know this money left Egypt." They had gotten some other bank credit records from previous months. But they now knew it was 5 days before the inauguration that the money left Egypt. What happened to it? Did it go to Trump? But
this required them to take the step of seeking the bank account records of the sitting president at that point in time after he'd been brought into the White House. And Jesse Lou initially is
concerned. She starts to eventually get convinced, we know, from a meeting that takes place with FBI agents, where they kind of lay out all the facts that they have of this case. She goes over to CIA headquarters and reviews intelligence there at Bill Barr's direction because he says, "I'm not sure there's really a predicate for this." And ultimately, Bill Barr meets with then FBI director Chris Ray and his deputy and really puts it on the line saying, "The kids have to stop playing around in this
investigation. Has to be done. if you guys are going to do it, put your names on it.
But I don't really think there's a predicate to go forward with this." And of course, like Carol, I'm paraphrasing as well. And Jesse Lou is also in the predicament at this point in time of seeking a new job inside the administration and the Treasury Department. And she decides not to go forward with the investigation at this moment just before she's seeking this
other job.
This investigation is then left to die, left to wither inside the
department. There's nobody advocating to get those records. And there's
two moments left to just tell you about. One is that the acting
US attorney comes in and is briefed about all of this, Tim Sheay, and
the people sitting around the room in that briefing are stunned when at the end of the briefing they tell him all the evidence that they have, the
only thing he asks is who else knows about this investigation? The implication being for those in the
room that you know, do I have to worry about this getting anywhere else? Sheay later says, "I just wanted to, you know, make sure that this had been told to people up in main justice." But again, nothing happens.
And then, with a oneline email nearly a year later, another Trump bar appointee, Michael Sherwin, ends this investigation, saying to the FBI, "We don't have enough evidence to go forward." Well, by that point in time, they'd spent a year doing
absolutely nothing on the investigation, and it'd been pretty much left to wither and close, unlike even the
most routine basic criminal investigations inside US attorney's office, without any memo explaining why.
What was the roadblock, what was the impediment that it didn't allow you to go any further, and why'd you close this case?
And so it's sitting there, and we still don't know what happened there.
Yeah, it's an extraordinary episode that people have overlooked, and is a predicate for what appears to be Trump's massive self-enrichment using the presidency in his second term. But now Trump resists the election results of 2020, and we have January 6th, and the attack happens on the capital, and we get a new attorney general that is the former Supreme Court nominee who was rejected as a result
of Senator Mitch McConnell's actions in not even allowing him a hearing, Merrick Garland. He's a judge on the US DC circuit court and federal court, and is now attorney general. How does he become attorney general, and what is his attitude about what he wants
to do about all of the things that are left in his lab about what Trump has
done in January 6 and everything else. Great question about how he was chosen.
Something we haven't talked a lot about but is in the book and revealed for the first time. Merrick Garland, by the way,
a very respected judge who I used to cover many, many moons ago when I covered federal court. Uh, has a
sterling reputation both for his his humanity and civility, but also for his
legal mind. And Ron Clay, who is going to be the White House chief of staff for
Joe Biden, is very good close personal friends with Merrick Garland and has,
you know, their their children are friends. They've traveled together and Ron Clay is lobbying Joe Biden hard to
choose Merrick Garland and makes the argument that Garland will give the
Department of Justice a fresh and independent stalwart at its at its helm and that
that will be really critical to changing the tone from when Donald Trump was
president telling Bill Bar through tweets and personal exhortations how to run the department. Uh this will create
a new impeccable independence. There is another person there are other people
around Biden who are lobbying for other candidates uh including um Doug Jones
but ultimately Garland is the person that Biden chooses.
Merrick Garland comes in with his own view of what should be done, which is
that he should not even give the whiff of having any politically motivated
investigations or goals. And he says this publicly in which he describes it's
not enough to be independent and apolitical. You have to be perceived as
being apolitical. Ultimately, this leads to the delays because he concludes they
must investigate the riot and determine once you investigate the January 6 violence brick by brick, perhaps those
rioters will lead you to the higherups who may have coordinated or orchestrated
or pulled together folks to come to Washington on January 6th to block the
certification of the election. Of course, now we know there was no way to
go brick by brick and eventually get to uh evidence that connected you from the
rioters to a very complex and unique
conspiracy to use fake electors to try to cast shade and doubt on the election.
Anyway, Mar Merrick Garland's al other view is that
the fever dream around Donald Trump has burst. He believes that that time is
over. Donald Trump is uh on the dust bin of history because many Republican
senators on January 7th are saying, "I'm done with this guy." Republicans are resigning Amas from his White House and
saying that it that the violence at the capital is is part of their reasoning
for leaving and the way in which Donald Trump fermented that riot.
But Garland's calculations end up being wrong. Um by spring of 2021, Donald
Trump is already planning his return. He's already plotting how to be both a
kingmaker and possibly run for reelection in four more years.
Yeah. You mentioned the fake elector scheme. I was aware of it um almost in
real time. It was reported um and people were aware of it out in the field in the
states. Um they were not secret about what they were doing. Um and they were
operating in lots of states uh creating these fake electors. Um the whole con uh
large parts of the conservative infrastructure were involved um uh
including Turning Point USA in Arizona. Um uh uh and Jenny Thomas, the wife of
uh Justice Clarence Thomas, was deeply involved in Arizona and elsewhere. Um so
but somehow this evaded um Merrick Garland's
purview and he was just concentrating on putting people he considered to be
rioters away. He did not see it as a coup d'eta. Well let me let me add to that though
there was evidence that had come through the national archives. There's this wonderful character in your book um
Leester Mlennon who who had who said she was getting all this stuff across her desk and said who
are these people these are not secretaries of state of these she had it figured out so quite apart from what the insiders knew he was this federal
official what happened with her I mean they could have gotten it from her presumably
well there are there are a couple obviously times that we knew about that uh fake electors have been out there in
the open clearly on January 6th the Republicans are holding up these saying, you know, Mike Pence should send it back
to the states because look, we have this disputed election. But you're right. I mean, it was it's a new uh episode in
all of this and in one of our chapters where even before January 6th in the weeks beforehand, back in December,
Wlesco Mlullen is uh reaching out to the US attorney's office in DC saying, "I'm
not sure what to make of this, but this doesn't feel right." And you know, they had only ever in history by the archives
officials there had one other time when someone who was a little bit delusional and thought wrote himself in for vice
president had sent in a fake collector document to the archives. This was wholly different than that. This was uh
multiple states sending in documents and you know Republican officials from multiple states having signed these
documents and um so uh uh so Weslesca
did see this and you know took this to the US attorney's office and the US attorney's office begins talking to her
about it but then of course just a matter of days later there's January 6th and she follows up with them just a
couple days after that and they're like we really don't think we can do anything with this. Uh we're and they were
legitimately snowed under by rier cases at that point in time. Um and they send it and the only option then for Weslesca
and others at the National Archives is to try to get someone in the states to investigate this. And so they go to
Michigan, they go to Pennsylvania, they go to, you know, attorneys general and those places and and seeking help. But
then you end up a situation where no one sees the forest, you know, for the trees here where there's only, you know, a
slice of this that makes sense under state law and what was it a violation of in Michigan forging these documents. No
one is seeing the broad picture. And it's especially disconcerting uh in our reporting that these do come out
publicly in March of 2021, two months after January 6th when the group American Prosperity uh foyers these
documents and gets them from the archives and then they're sitting out there, but no one is assigned to look at
this within the Department of Justice and whether this was a crime until nearly a year later. And the and the FBI
begins his investigation in April 2022, a full 15 months after January 6th. And
what do they site as some of the predicate for their investigation? These very documents that have been now sitting out in public sphere for over a
year. Yeah. Well, the reason that they're prodded is because of the um select
committee investigating the insurrection um that's been created by the Congress
and they're starting to hold here they hold public hearings including testimony as you point out
from um White House aid Cassidy Hutchinson the dramatic day where she
testified and it turns out according to your book that Um, they had no idea who
she was. That's right. That's right. You know, in many Jeffrey Tubin in the New York Times
review of our book described um the January 6 investigators for the House
Select Committee as perhaps the only heroes that emerge from our book. We
think there are other heroes, but I take his point because this group
investigated like no other congressional investigation since Watergate. Um there
were they were essentially most of them former prosecutors hired by a former US
attorney who created essentially a grand jury like environment um for the House
Select Committee under Liz Cheney and Benny Thompson at the behest of Nancy Pelosi. And the investigative
investigation is incredibly rigorous and fast-paced. Um,
there are three moments that I think are probably the most important that we discovered in our book that show you how
the House investigation, the first footprints in the snow, uh, end up pressuring, humiliating, um, spurring
the Department of Justice to actually take action. One of them is in January,
the week of January 10th, 2022, news begins to leak just as you
described, Sydney, of of the House committee's investigative team finding
all of these records, but also finding all of the uh subpoening records that show the coordination with the campaign,
the campaign's interactions with these officials. Let's be fair, some of their
actions were in open sight. They were being public about it, but there's additional information showing the coordination with Trump's campaign. This
begins to become a news story, including on the network where I work now, MSNBC.
And for a full week, there are questions on this program about where is Merrick Garland, where is the Department of
Justice, because these electors and this scheme appears to not only be a crime
and coordinated, but it, you know, it is a federal and a state crime to interfere in elections. So, what is going on? Um,
very very very soon after, I'd say January 10th and 11th are when these big
stories come out. January 12th and 13th, there's additional news coverage. And on January 14th, the only prosecutor in the
entire Department of Justice who's been assigned to look at whether Trump's campaign has some connection to the
riot, Thomas Wendam, reaches out to that character that you mentioned, Wlesco
Mlen. The second big moment is uh with the Cassidy Hutchinson testimony in
June, Merrick Garland is watching that testimony and turns to one of his aids
and says, "Did we know about her?" The answer from the aid is no sir. And that
afternoon um again Thomas Windham reaches out we now know and we reveal
for the first time in our book reaches out to George Towiliger an attorney for Mark Meadows and requests uh copies of
all the texts and emails that Meadows had around the time of January 6th. The
the reason that is so striking is these same records are records that the House
Select Committee first received in November of 2021. Nine months, eight months, I can't seven
months earlier. I'm sorry, my math is bad now. Um, but that was publicly known
that the House had that information and they and they boasted of it, but uh Windham doesn't ask for it until Merrick
Garland sees Cassidy Hutchinson's testimony. Yeah. Tell us about the story of what
happens with Thomas Windam. That itself is an incredible little story within the larger
narrative. Which part? Bench meetings, all kinds of things. Yeah. I mean, he's he's the he's the one
guy who is he's the only prosecutor with the mand investig.
It is an amazing kind of thing. And it's the kind of it's kind of like to me the cinematic part of the one of the cinematic parts of the whole book which
is that you know a year after January 6th finally there's an investigation
beginning and looking at uh was Trump or anyone around him criminally culpable for the things that have been done and
you know it's really one prosecutor who gets assigned gets moved from Maryland to DC and so the day that uh the new US
attorney comes in he signs the transfer order and Thomas Windham begins looking through a lot documents that nobody had
ever had time or nobody had been assigned to look at until then like all the focus inside the US attorney's
office is really on the riers on questions of sedicious conspiracy and and those groups and um he quickly goes
to the to the FBI and you know tries to see if they would work with him to see
what what they can find and he begins to focus in on this area around uh you know the Willard Hotel and you know the
people close to Donald Trump's campaign who all stayed there it seem to be a kind of a nexus point
and the FBI is very reluctant. Um, in fact, uh, Windham goes to meet with the
then Washington field office director and and others and and says, you know, can we get a subpoena? Can we see who
all is staying there? And Steven Dantoano says, no way. I'm not going to subpoena these, in his words, the the
frigin Willard Hotel. Uh, you know, this is a hundreds of rooms. What if we find,
you know, an affair going on? There's going to be all kinds of information we could get that we don't need that would be relevant to this. We're just
searching. We're fishing, basically. What's the crime that you're trying to prove? And so, not only is Windam the
only one um starting this, but he has to then go find without the FBI his own
team to to to figure this out. And you're right, as Carol said, he goes to Wlesca, he goes to the postal office,
the postal inspector's office to get an agent there to see if they'll investigate if there was mail fraud involved in sending these fake elector
documents uh to DC. He does because he has a personal relationship, goes and meets, you know, one point in time with
Tim Hayy, the head of the the uh investigation on the and the House Select Committee. They meet on a park
bench like a very DC scene, you know, in between the big buildings of DC.
Not a parking garage. We didn't get a parking garage in the story. Yeah. So, um, but you know, I've
thought about it for a while. Thomas Windham had the most interesting job in all of the United States and nobody even knew about it.
Yeah. With that, let us close part one. We have much, much more to discuss with
Carol and Erin Davis in their book, Injustice. In part two, we're going to
discuss the appointment and the travailes of the special prosecutor Jack
Smith. We're going to discuss the Mara Lago investigation and Trump's uh
reelection uh and the purges to come and what happens at the Department of Justice. So
on on behalf of my colleague Sean Wence, uh this session of the Court of History
is now adjourned.



