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Before taking over the sprawling Justice Department investigation into foes of President Donald Trump, Joe diGenova decried the lack of progress in bringing indictments.

Five months later, diGenova has left his position without charging a single case, clouding the future of an investigation that has animated right-wing commentators eager to prove an ill-defined theory of a “deep state” conspiracy to take down the Republican president.

Justice Department officials are pressing forward despite diGenova’s departure, with a flurry of subpoenas to former law enforcement and intelligence officials expected to yield grand jury testimony in the weeks ahead at the Fort Pierce, Florida, home court of a favored Trump-appointed federal judge.

Yet whether anyone ultimately will be charged, and for what, remains an open question. Investigators face not only legal hurdles and personnel upheaval but an impatient White House after more than a year of fits and starts.

The investigation known familiarly as the “grand conspiracy” case is the clearest example yet of the Trump administration’s efforts to leverage law enforcement powers to enact retribution on the president’s adversaries. The tumult that has defined the probe exposes a familiar gap between White House demands for speedy action and the Justice Department’s ability to craft the president’s litany of grievances into a prosecutable case.

The investigation has always been a tough task, aiming to knit together separate FBI probes of Trump — including related to Russian election interference and his retention of classified documents at his Mar-a-Lago estate in Palm Beach, Florida — into a coherent narrative of a government conspiracy. Prior efforts to investigate the investigators have failed to uncover the kind of criminal misconduct the conspiracy probe aims to prove.

“The idea of connecting all those different investigations into one single conspiracy, there’s no basis for that,” retired federal prosecutor Randall Eliason said. “Then, maybe more importantly, there’s no basis for an allegation that any one of them was actually a criminal act against Trump. They’ve all been verified and upheld in one way or another.”

If the mandate is unusual, so, too, was the person picked to lead it. DiGenova, who’s 81, was a top prosecutor in President Ronald Reagan’s administration but had been out of government for decades. He made headlines in 2020 after he said a cybersecurity official who attested to the legitimacy of the election Trump lost to Democrat Joe Biden should be “drawn and quartered.” DiGenova apologized after being sued.

A prominent booster of the theory that Trump was victimized by a “deep state” conspiracy, diGenova was appointed in April shortly after Trump ousted Pam Bondi as attorney general after she struggled to prosecute his foes.

The appointment was heralded by Trump allies who regard the probe as a long-awaited reckoning for former officials they believe wronged the president. Attorney General Todd Blanche, who took the reins of the department after Bondi’s firing, also trumpeted diGenova’s arrival, writing on social media: “Welcome to the fight, Joe!”

By Sept. 10, diGenova was gone amid Trump administration frustration with the pace and management of the probe. His parting comments suggested he didn’t see a pathway for imminent indictments. “If you want indictments where there’s no evidence, you have an ethical problem,” he told the New York Post.

DiGenova told The Associated Press those comments were taken out of context, adding: “There’s plenty of evidence in all of these cases to prove the theories of prosecution. It just takes time to get there, and some people want to get there a little faster than others — and you can’t do that.”

DiGenova was sworn in days after a career national security prosecutor, Maria Medetis Long, was removed from the investigative team after conveying concerns about an investigation into former CIA Director John Brennan.



The Supreme Court opened a path Monday for possible implementation of President Donald Trump's executive order restricting mail-in voting, though it remains unclear how much can be put in place before the fast-approaching midterm elections.

The decision leaves room for additional court challenges that could further slow Trump's order, and other similar cases have already been filed. The U.S. Postal Service laid out how it would implement the order last week, but time is running short to impose major changes. North Carolina is sending out ballots Sept. 4 overseas and to military voters, and other states will quickly follow suit in just a few weeks.

The Supreme Court's conservative majority didn't decide the legality of Trump's order, instead ruling that states who sued did not have the legal right to challenge it.

While the emergency order is not final, it does have the potential to create chaos around voting across the country, with Trump often questioning the integrity of elections and the nation's highest court again the possible arbiter of a political controversy.

“The Court's disposition of this application does not mean that any measure taken by the Government to implement the Order will necessarily be lawful. On that score, time will tell,” the majority wrote in an unsigned order.

The three liberal-leaning justices publicly dissented, with Justice Ketanji Brown Jackson writing that the rule “lets another shoe drop in the Kafkaesque nightmare that our precedents have been steadily creating for certain plaintiffs who seek to bring election-related challenges.”

New York Attorney General Letitia James foreshadowed more legal fights ahead, calling the decision a “painful setback” but vowing it would “not be the final word.”

The court's order opens a path for the administration to begin action to restrict mail voting, but it also could lead to further litigation that could freeze the federal government again.

“This is just the first inning of a very fast nine-inning game,” said Derek Muller, a law professor at Notre Dame University.

Mail balloting has long been a favorite target for Trump, who has claimed that it breeds fraud despite strong evidence to the contrary and his own use of the voting method.

Trump's executive order, signed in March, calls on his administration to create lists of eligible voters and orders the U.S. Postal Service to deliver mail ballots only to people on those lists. New requirements released Friday would forbid the Postal Service from sending mail ballots from any state that does not comply with Trump's order.

A Postal Service spokesperson did not immediately respond messages seeking comment. The White House did not immediately respond to a message seeking comment.



Right-leaning legal activists along with Elon Musk’s artificial intelligence company have brought sweeping challenges against a cornerstone of legal enforcement in the United States: the right of private groups, people and local governments to sue over violations of many major laws.

Their argument, supported by the Trump administration, is that the Constitution reserves tremendous power for the president and federal agencies to decide how — or whether at all — to enforce federal law. They contend Congress should never have handed that power to others through so-called citizen suits that are part of environmental, campaign finance and certain other laws.

Environmentalists say it would be devastating to lose this essential, decades-old tool that is used to impose fines and halt lawbreaking by bad actors. Citizen suits, for example, have extracted millions from heavily polluting oil and gas operations, and ensured that lead pipes in Flint, Michigan, would be removed after its water crisis.

Legal experts say four pending federal cases — one of them filed last week — are moving forward at a time when the conservative majority on the Supreme Court gives opponents of citizen suits a greater chance than ever of success. The hard part for those opponents now is winning early federal cases and creating disagreement between the country’s appeals courts, which may help convince the Supreme Court the issue is important enough for a nationwide ruling.

Back in 2000, a Supreme Court opinion opened the door for that possibility.

“Many of us who worked in this area have been waiting basically 26 years for this shoe to drop,” said Richard Lazarus, a Harvard professor with decades of experience in environmental law.

Lazarus was referring to former moderate Justice Anthony Kennedy’s comments in a Clean Water Act case that citizen suits raised “difficult and fundamental” questions about whether they improperly dilute executive power. The late conservative Justice Antonin Scalia wrote in a dissenting opinion in the same case that citizen suits turn “over to private citizens the function of enforcing the law.” He avoided explicitly saying they were constitutional.

“The court is more like Scalia’s court since he died than it ever was when he was there,” said Lazarus.

He observed that those who lost cases where Scalia dissented are rushing back to today’s court hoping for a more favorable result.

The critical issue for citizen suits is who — the government or private citizens — collects fines and has control. A person filing a citizen suit must tell the government ahead of time. The government can stop the suit if it sufficiently pursues the case itself, but its options are limited and the person suing can stay involved. Citizen suits can force compliance with the law and result in fines, which go to the U.S. Treasury.



Twenty-five states sued the Trump administration Monday over its latest tariffs, calling them a pretext for replacing import taxes the Supreme Court struck down in February.

The United States last month imposed double-digit tariffs on 59 countries and the European Union, charging that they had not done enough to crack down on imports produced by forced labor. The new tariffs took effect just as the clock ran out on temporary tariffs President Donald Trump had turned to after the Supreme Court defeat.

“After losing at the Supreme Court, the administration is once again trying to illegally raise taxes on families and businesses with a new round of tariffs,” said New York Attorney General Letitia James.

Joining New York in the lawsuit announced Monday are Arizona, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Kentucky, Massachusetts, Maryland, Maine, Michigan, Minnesota, Nevada, New Jersey, New Mexico, North Carolina, Oregon, Pennsylvania, Rhode Island, Virginia, Vermont, Washington and Wisconsin.

Trump, who argues that high tariffs will revive American manufacturing, last year overturned decades of U.S. policy that favored lower tariffs and ever-freer trade. Invoking the 1977 International Emergency Economic Powers Act, or IEEPA, he imposed double-digit tariffs on imports from almost every country, saying America’s longstanding trade deficit amounted to a national emergency.

But the Supreme Court ruled that IEEPA did not authorize tariffs. The decision forced the administration to send refunds to importers who’d paid the tariffs. Eager to make up the lost revenue, Trump turned to temporary 10% worldwide tariffs. But they expired at midnight July 24.

Now he’s tapping more durable tariffs under Section 301 of the Trade Act of 1974, which permits the president to impose import taxes and other sanctions against countries found to engage in unfair trade practices. Trump used Section 301 to impose big tariffs on China in his first term, and they survived court challenges.


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