
埃里克·塔克,阿兰娜·德金·里彻 华盛顿——一场至关重要且充满争议的中期选举将于下周到来,而唐纳德·特朗普总统领导的司法部一直在忙于一系列登上头条的行动和案件。辩护律师、民主党人和其他批评者说,这并非巧合,无论从时机还是从目标来看,都散发着政治气息。
ERIC TUCKER, ALANNA DURKIN RICHER WASHINGTON — A crucial and contentious midterm election arrives next week, and President Donald Trump’s Justice Department has been scrambling with a blitz of headline-making actions and cases that defense lawyers, Democrats and other critics say is no coincidence and reeks of politics — in both the timing and the targets.
仅在本月,司法部就升级了对民主党联邦众议员伊尔汗·奥马尔的调查,搜查了她的住所;对两名前联邦调查局官员提起刑事指控,他们被控在涉及亨特·拜登的调查中虚假淡化自己的知情程度;披露了再次起诉前联邦调查局局长詹姆斯·科米的尝试;并试图起诉一名前白宫助手但未成功,该助手就特朗普推翻2020年大选的努力作出了戏剧性但有争议的证词。
This month alone, the Justice Department escalated an investigation into Democratic U.S. Rep. Ilhan Omar with a search of her home; brought criminal charges against two former FBI officials accused of falsely downplaying their knowledge of investigations involving Hunter Biden; revealed a fresh attempt to prosecute former FBI Director James Comey ; and made an unsuccessful attempt to indict a former White House aide who delivered dramatic but disputed testimony about Trump’s efforts to overturn the 2020 election.
除此之外,还有在阿拉斯加和加利福尼亚州提起的与下周投票相关的诉讼。
That’s on top of lawsuits in Alaska and California related to next week’s voting.
这些举动引人注目,不仅因为时机,还因为它们主要针对的是特朗普的直言批评者,或是激发共和党基本盘热情的问题。
The moves are notable not only because of the timing but also because they largely have been directed at outspoken critics of Trump or issues that have animated the Republican’s base.
司法部还采用了不同寻常的手段来锁定指控,绕过大陪审团,在这个民主党占绝对多数的首都对科米和那些前联邦调查局官员提起了实际上相当于占位性质的案件——过去一年里,检察官在这里一再难以获得起诉。
The Justice Department has also employed unusual maneuvers to lock down charges, bypassing grand juries to file what are effectively placeholder cases against Comey and the ex-FBI officials in the heavily Democratic nation’s capital — where prosecutors over the past year have repeatedly struggled to secure indictments.
“在司法部的现代历史上,从未有过在构思或开展政治敏感调查时如此公然无视由来已久的规范和程序的情况,”戴维·劳夫曼说。他曾在民主党和共和党政府中担任司法部高级官员,并协助监督了对希拉里·克林顿电子邮件事件的调查。
“Never in the modern history of the Department of Justice has there ever been such a brazen disregard for time-honored norms and protocols in conceiving of or undertaking politically sensitive investigations,” said David Laufman, who served as a senior Justice Department official across Democratic and Republican administrations and helped oversee the Hillary Clinton email investigation.
美国司法部在一份声明中表示,它正在“遵循事实和法律,而非任何人的政治时间表”。这家执法机构长期以来遵循一项惯例,即在大选前几周避免对候选人采取公开的调查行动,或采取其他可能被视为试图影响政治结果的公开步骤。
The Justice Department, in a statement, said it is “following the facts and the law, not anyone’s political timetable.”The law enforcement agency has a long-accepted practice of avoiding overt investigative actions against candidates in the weeks before an election, or other public steps that could be perceived as attempting to influence a political outcome.
这一原则如此基础,以至于历任司法部长在选举周期中都曾向全部门发布备忘录,提醒员工不要采取旨在帮助或阻碍任何特定候选人的调查行动。
It’s such a foundational principle that successive attorneys general have issued departmentwide memos during election cycles reminding employees not to make an investigative move designed to help or hinder any particular candidate.
司法部指出,在大选前60天内避免公开行动是一项非正式惯例,而非成文规定。司法部表示,该惯例旨在禁止检察官选择行动时机以影响选举。
The department noted that it was an informal practice, not a written rule, to avoid overt actions within 60 days of an election. The practice is meant to prohibit prosecutors from choosing the timing of an action to affect an election, the department said.
司法部表示:“标准在于目的,而非距离选举日的远近。部门政策不要求司法部在选举季停止正在进行的工作。”
“The standard is purpose, not proximity to Election Day. Department policy does not require the Department to stop ongoing work during an election season,” the department said.
2016年,这一惯例经受了一次著名的考验,当时联邦调查局局长科米在大选前11天告知国会,因新发现的电子邮件,该局将重启对民主党提名人希拉里·克林顿处理机密信息的调查。科米表示,他觉得自己选择了破坏性最小的可行方案,但他的决策遭到民主党人——以及司法部监察长——的严厉批评。
That practice was famously tested in 2016 when Comey, then the FBI director, told Congress 11 days before Election Day that the bureau was revisiting its investigation into Democratic nominee Hillary Clinton’s handling of classified information because of newly discovered emails. Comey has said he felt he picked the least destructive option available, but his decision-making was harshly criticized by Democrats — and the Justice Department inspector general.
司法部长托德·布兰奇则毫不掩饰他的观点,即司法部并非独立于白宫存在,并坚称他在服务总统方面与前任没有区别。他否认司法部的调查决定带有政治性。然而,甚至在本月之前,司法部就已对总统认定的对手发起了多项调查。
Attorney General Todd Blanche, for his part, has not been shy about his view that the Justice Department does not exist independent of the White House and has insisted he is no different from his predecessors in serving a president. He has denied that the department’s investigative decisions are political. Yet even before this month, the Justice Department had initiated multiple inquiries into the president’s perceived adversaries.
这其中包括一项在佛罗里达州开展的调查,特朗普的盟友曾希望该调查能证实一种右翼理论,即过去十年间审查过总统的前执法和情报官员曾密谋反对他。
That includes a Florida-based investigation that Trump allies had hoped would prove a right-wing theory that former law enforcement and intelligence officials who scrutinized the president over the last decade had conspired against him.
这项调查在一连串人员变动和延误中显现出停滞迹象。据多名知情人士透露,调查人员近几周推迟了多名证人的预定大陪审团作证,这些人士因讨论正在进行的调查而要求匿名。
That investigation has shown signs of faltering amid a spate of staff turnovers and delays. Investigators in recent weeks have put off scheduled grand jury testimony of multiple witnesses, according to multiple people familiar with the matter who spoke on condition of anonymity to discuss an ongoing investigation.
本月最具政治敏感性的举措之一是联邦探员搜查了奥马尔的住所,她是国会中对总统批评最尖锐的议员之一。她将在周二的选票上竞选连任,代表明尼苏达州第五国会选区。联邦探员在搜查中扣押了奥马尔的手机,并发出了十多份大陪审团传票,其中包括发给她一些亲属的传票,以调查与她移民文书工作有关的问题。
Among the most politically delicate moves this month came when federal agents searched the home of Omar, one of the most outspoken congressional critics of the president. She is on the ballot Tuesday for another term representing Minnesota’s 5th District. Federal agents seized Omar’s phone in the search and have issued more than a dozen grand jury subpoenas, including to some of her relatives, as investigators probe issues related to her immigration paperwork.
布兰奇为搜查的时机进行了辩护,该搜查已获联邦法官批准。他上周对记者说:“我可以明确地告诉你们,申请搜查令的决定与十一月发生的事情毫无关系。”随后,司法部指控两名前联邦调查局官员就其对一台笔记本电脑的知情情况向国会作虚假陈述,司法部称该电脑属于前总统乔·拜登之子亨特·拜登。据一名负责该调查的联邦调查局探员周二作证,此案源于特朗普七月就选举安全发表讲话后立即启动的一项调查,并由联邦调查局局长卡什·帕特尔下令展开。
Blanche has defended the timing of the search, which was approved by a federal judge. He told reporters last week, “I can tell you unequivocally that the decision to seek a search warrant had nothing to do with what’s happening in November.”The Justice Department later charged two former FBI officials with making false statements to Congress about their knowledge of a laptop the department says belonged to former President Joe Biden’s son Hunter. The case emerged from an investigation that began immediately after a July speech on election security by Trump and was ordered by FBI Director Kash Patel, according to testimony Tuesday from an FBI agent assigned to the probe.
司法部以刑事诉状而非大陪审团起诉书的方式起诉这两名前官员——主管此案的联邦治安法官称此举不同寻常。随后,检方试图在法院案卷上提交一份新的刑事诉状以增加一项指控,却未获得法官就合理根据存在与否所需的签署批准,此举让这位法官目瞪口呆。
The Justice Department charged the two former officials by complaint instead of a grand jury indictment — a move the magistrate judge overseeing the case described as unusual. Prosecutors then left the judge dumbfounded when they tried to add another charge by filing a new criminal complaint on the court docket without the required judicial sign-off that probable cause exists.
“一切都是枝节上的枝节,”美国联邦治安法官扎伊亚·法鲁基对检方说道。
“Everything is a little sideshow on top of a sideshow,” U.S. Magistrate Judge Zia Faruqui told prosecutors.
周一,另一案件中新解封的法庭文件显示,检方正试图对科米提起特朗普重返白宫以来的第三起刑事案件,指控他在十年前泄露机密信息。随着诉讼时效于本月早些时候即将届满,检方采用了一种罕见的法律策略,试图延长寻求大陪审团起诉的时间。
On Monday, newly unsealed court papers in a separate case revealed that prosecutors are attempting to bring the third criminal case against Comey since Trump returned to the White House, accusing him of leaking classified information a decade ago. With the statute of limitations set to expire earlier this month, prosecutors used an uncommon legal tactic in an attempt to extend the time in which they can seek a grand jury indictment.
科米的法律团队称此举在法律上无效且出于政治动机,正推动法官驳回该案。法官定于周五听取辩论。
Comey’s legal team has described it as legally invalid and politically motivated, and is pushing the judge to dismiss it. A judge is set to hear arguments Friday.
当被问及针对这位前联邦调查局局长的最新案件时,特朗普本周表示他对此一无所知。但这位总统补充道:“他是个肮脏的警察,詹姆斯·科米。”
Asked about the latest case against the former FBI director, Trump said this week that he didn’t know anything about it. But the president added, “He’s a dirty cop, James Comey.”
就科米而言,他似乎并不感到意外。“好吧,他们又回来了——再一次,”他在周一的一份视频声明中说。“如果这不是对司法部如此令人震惊的滥用职权,这几乎会让人觉得好笑——这是我们不能变得麻木不仁的滥用。我的情况没有任何改变;我依然清白,我依然不怕这些人——我依然相信独立的联邦司法体系。”
For his part, Comey seemed unsurprised. “Well, they’re back — again,” he said in a video statement Monday. “It would almost be funny if it weren’t such an appalling abuse of the Department of Justice — one that we cannot become numb to. Nothing’s changed with me; I’m still innocent, I’m still not afraid of these people — and I still believe in the independent federal judiciary.”