
司法部针对特朗普政敌的行动升级 华盛顿——随着中期选举临近,司法部试图通过一连串法律手段,推进特朗普总统要求起诉其政治对手的诉求。
Justice Department push against Trump’s foes reaches higher gear WASHINGTON—With the midterms looming, the Justice Department has attempted a frenzy of legal maneuvers to advance President Trump’s demands to prosecute his political foes.
过去两周的行动节奏十分迅速,即便以司法部配合特朗普议程以来一贯的快速推进为标准来看也是如此。
The pace over the last two weeks has been rapid even by the quick-turn efforts that have been a feature of the Justice Department’s alignment with Trump’s agenda.
联邦执法人员搜查了特朗普主要批评者、众议员伊尔汗·奥马尔(民主党-明尼苏达州)的住所,并试图构建案件,可能导致她被驱逐出境。他们对前联邦调查局局长詹姆斯·科米提起了第三次起诉。现任局长、此前曾严厉批评该局的卡什·帕特尔宣布对两名前联邦调查局情报官员提起指控,指控他们在数年前针对前总统乔·拜登之子亨特的调查中,向国会撒谎隐瞒了自己的角色。
Federal authorities searched the home of top Trump critic Rep. Ilhan Omar (D., Minn.) and are trying to build a case that could lead to her deportation. They initiated a third prosecution of former Federal Bureau of Investigation Director James Comey. And Kash Patel, the current director who was previously a sharp critic of the bureau, announced charges against a pair of former FBI intelligence officials, alleging they lied to Congress about their roles in years-old investigations of former President Joe Biden’s son Hunter.
该案目前已岌岌可危,法官周三举行第二天听证,审理这些指控是否恰当且合理。在同一法院,检方试图以四年多前向国会作证、将特朗普与2021年1月6日美国国会大厦暴力事件联系起来的前白宫助理卡西迪·哈钦森为由起诉她,但未能成功。
That case is already on thin ice, with a judge holding a second day of hearings Wednesday on whether the charges are proper and justified. In the same courthouse, prosecutors tried and failed to indict former White House aide Cassidy Hutchinson over her testimony to Congress more than four years ago that linked Trump to the Jan. 6, 2021, violence at the U.S. Capitol.
前联邦检察官和其他法律观察人士表示,司法部的行动显露出匆忙的典型迹象。司法部采用了一系列非同寻常的法律手段来推进这些案件,其中许多聚焦于多年前的指控。其中两起案件在未经大陪审团参与的情况下提起指控,而大陪审团参与是案件进入审判前的必要程序。
Former federal prosecutors and other legal observers say the department’s actions show hallmark signs of being rushed. The Justice Department has deployed a series of uncommon legal maneuvers to advance the cases, many of which focus on years-old claims. Two of them were charged without the involvement of grand juries, a step required before a prosecution can move toward trial.
据知情人士透露,这波高强度行动发生之际,司法部领导层面临压力,须在大选前展现出在特朗普优先事项上的进展。即使这些案件像之前几起那样失败,它们也制造了特朗普赞赏的那种新闻头条。
The blitz comes as Justice Department leadership is under pressure to show progress before the election on Trump’s priorities, according to people familiar with the matter. Even if the cases fail, as several prior ones have, they have generated the kinds of headlines that Trump praises.
“总统无疑会很高兴看到他视为敌人的人被定罪判刑,但仅仅让他们经历刑事诉讼程序,他的目的就达到了,”彼得·凯斯勒说。他在前总统乔治·W·布什任内曾担任代理司法部长。
“While the president would undoubtedly be happy to see the people he perceives as his enemies convicted and sentenced, his purpose is served simply by making them go through the criminal process,” said Peter Keisler, who served as acting attorney general under former President George W. Bush.
两党历届政府在大选前夕都曾设法避免采取重大、公开的调查行动,担心会显得试图影响选举结果。
Past administrations of both parties had sought to avoid taking major, public-facing investigative steps in the run-up to an election, concerned by the appearance of trying to influence the outcome.
司法部官员表示,他们的行动并非由选举日程表决定。“本部门遵循事实和法律,而非任何人的政治时间表,”一名发言人说。
Justice Department officials say their actions aren’t being dictated by the electoral calendar. “This Department is following the facts and the law, not anyone’s political timetable,” a spokeswoman said.
司法部长托德·布兰奇不像大多数前任那样,经常出现在竞选集会和政治活动中。他为近期行动的时机辩护,称这是调查的正常进展。
Attorney General Todd Blanche, who, unlike most of his predecessors, has been a frequent presence at campaign rallies and political events, has defended the timing of recent actions as the normal progression of investigations.
“我们不搞政治报复,”布兰奇在上周宣布起诉弗吉尼亚州一位资深民主党参议员的新闻发布会上对记者说。
“We don’t do political paybacks,” Blanche told reporters during a news conference last week announcing the indictment of a longtime Democratic senator in Virginia.
特朗普政府的行动凸显了总统在多大程度上改变了司法部的优先事项和做法。许多共和党人继续至少支持该部门的部分行动,他们相信该部门此前曾被民主党武器化,为政治利益而追查特朗普及其盟友。然而,该部门似乎面临着公众支持率下降的问题。
The Trump administration’s actions underscore how much the president has changed the priorities and practices of the Justice Department. Many Republicans continue to support at least some of the department’s actions, believing it was previously weaponized by Democrats to pursue Trump and his allies for political gain. The department, however, appears to be facing declining public support.
皮尤研究中心今秋的一项民调显示,约45%的受访美国人对司法部持负面看法,而持正面看法的为40%。这一差距比2023年扩大,当时49%的人对该部门持正面看法,41%的人持负面看法。
About 45% of Americans surveyed by the Pew Research Center this fall said they had an unfavorable view of the Justice Department, compared with 40% who see it favorably. That spread is worse than in 2023, when 49% viewed the department positively, compared with 41% who responded negatively.
前联邦法官保罗·卡塞尔表示,检察官依赖的工具更适合用于对被告提出紧急指控,例如嫌疑人因现行犯被捕的情况。
Paul Cassell, a former federal judge, said prosecutors are relying on tools that are more appropriate for filing emergency charges against defendants, such as when a suspect has been arrested in the act of committing a crime.
检察官对科米提出指控,特朗普指责科米炮制了对其2016年竞选团队与俄罗斯关系的调查。指控称,科米10年前泄露了国防信息。政府依赖一份称为“刑事指控书”的文件,这种文件通常在大陪审团似乎没有必要时提交,例如预期被告会认罪的情况。
Prosecutors charged Comey, whom Trump blames for cooking up an investigation into the ties between his 2016 campaign and Russia, on allegations that he leaked national-defense information 10 years ago. The government relied on a document known as a criminal information, which is typically filed when a grand jury appears to be unnecessary, such as when a guilty plea is anticipated.
卡塞尔是犹他大学刑法教授,他说:“司法部不得不提交38页复杂的法律简报,为他们的操作辩护,说明为何是允许的;如果案子扎实,直接去大陪审团请求起诉会更快。”
“The Justice Department had to file 38 pages of complex legal briefing about why their maneuvering is permissible, when if you had a solid case it would have been faster to go to a grand jury and ask for an indictment,” said Cassell, a criminal law professor at the University of Utah.
科米表示,两位不同的美国检察官此前曾调查该涉嫌泄露机密信息案,均决定不起诉他。
Comey says two separate U.S. attorneys previously investigated the alleged disclosure of classified information and declined to prosecute him.
司法部提交了一份冗长的法庭简报为其战术辩护,称一项规定大多数重罪诉讼时效的法律允许检察官以刑事指控书启动案件。科米的律师则称政府的做法在法律上无效。
The department filed a long court brief defending its tactics, saying a law defining the statute of limitations for most felony crimes allows prosecutors to initiate a case by criminal information. Comey’s lawyers say the government’s move isn’t legally valid.
在针对与亨特·拜登调查有关的联邦调查局官员的案件中,联邦治安法官齐亚·法鲁基周二批评了司法部的指控方式,并驳回了其试图在原有的向国会撒谎指控之上、连夜增加妨碍司法指控的尝试。
In the case against the FBI officials who were connected to the Hunter Biden probe, Magistrate Judge Zia Faruqui on Tuesday criticized the department’s approach to charging the case—and rejected an overnight attempt to add an obstruction charge on top of the original lying-to-Congress allegations.
司法部在午夜后提交的一份文件中,试图通过所谓的“替代刑事诉状”增加该指控,而未经过法官通常的审查和签署。
In a filing after midnight, the Justice Department sought to add the charge through what it called a superseding criminal complaint, without the typical review and signature of a judge.
法鲁基将此举描述为前所未有且不恰当,称这种异常程序是“往这场大火上倾倒大量汽油”,这场大火指的是关于司法部动机的质疑。
Faruqui characterized the move as unprecedented and inappropriate, saying the abnormal procedure was “throwing enormous amounts of gasoline onto this fire” of questions about the Justice Department’s motivations.
一名司法部律师为该程序进行了辩护,但也承认这对他来说也是第一次。
A Justice Department lawyer defended the process but conceded it was a first for him as well.