Analysis

Two Tiers Of Justice: An Analysis Of The Growing Politicization Of The DOJ

Top Left: Drew Angerer/Getty Images, Bottom Left: KATHRYN ELSESSER/AFP via Getty Images, Top Right: Elijah Nouvelage/Getty Images, Bottom Right: BRENDAN SMIALOWSKI/AFP via Getty Images, Middle: Mark Van Scyoc / Shutterstock.com

Greg Price Contributor
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President Joe Biden’s Department of Justice (DOJ) recently announced that they would not open investigations into Democratic Govs. Andrew Cuomo of New York, Gretchen Whitmer of Michigan and Tom Wolf of Pennsylvania over compelling nursing homes to accept COVID-19 patients.

Despite the fact that the department previously requested data from New York, New Jersey, Michigan and Pennsylvania back in August, they declined the request from Republican Minority Whip Rep. Steve Scalise to pursue the investigations.

“We have reviewed the information you provided along with additional information available to the Department. Based on that review, we have decided not to open a CRIPA investigation of any public nursing facility within New York, Pennsylvania, or Michigan at this time,” their response to Scalise said.

The DOJ refused to investigate the scandal in light of the Daily Caller News Foundation first reporting that the Cuomo administration was undercounting COVID-19 deaths in nursing homes, as well as further revelations that the governor’s top aides were altering the data coming out of New York.

It has become part of a pattern of federal prosecutors seemingly ignoring corruption from some powerful figures of America’s ruling class, while targeting others. (RELATED: Will Cuomo Be Held Accountable For Allegedly Sending Grandmas To Die In Nursing Homes?)

Conservatives in particular have become more outspoken about what they believe is a double standard in the justice system.

Another recent example is how U.S. Attorneys in Delaware kept their investigation into then-Democratic nominee for president Joe Biden’s son Hunter a secret during the 2020 election.

The probe into the younger Biden’s foreign business dealings had reportedly reached the point in August where prosecutors could have issued search warrants and grand jury subpoenas, but U.S. Attorney David Weiss was urged by officials involved in the case “to avoid taking any actions that could alert the public to the existence of the case in the middle of a presidential election.”

After the story first reported by the New York Post was subject to a massive censorship campaign on social media, it was finally revealed shortly after Joe Biden was declared the victor in the 2020 election that the younger Biden’s activities overseas had been under federal investigation since 2018.

Republicans like Senator Chuck Grassley of Iowa have also questioned the DOJ over its treatment of defendants arrested in connection with the riot at the Capitol on Jan. 6 versus the riots that occurred all over the country last summer.

It was revealed back in March that federal prosecutors quietly dismissed more than one-third of their cases opened against violent rioters in Portland, Oregon, which saw over one hundred consecutive days of unrest during the summer of 2020.

Meanwhile, over 400 people have been arrested in connection to the Capitol riot in one of the largest mass prosecutions in the history of the department. Lawyers for Jan. 6 defendants have claimed that their clients have been beaten by jail guards, held in solitary confinement for 23 hours a day and are being held for months at a time without court dates, including those accused of non-violent crimes. (RELATED: Portland Police Department Reportedly Spent $12.4 Million After Year Of Unrest And Riots)

Conservatives have also criticized the DOJ for seemingly politically motivated targets.

During the 2016 election and transition, the FBI and DOJ were caught using salacious opposition research funded by the Democratic National Committee (DNC) in order to obtain Foreign Intelligence Surveillance Act (FISA) warrants against Trump campaign aide Carter Page.

The department also faced scrutiny for their handling of Crossfire Hurricane, a large investigation that accused Trump allies, most notably incoming national security adviser Michael Flynn, of being agents of Russia. Inspector General Michael Horowitz has released multiple reports criticizing the department for its actions in both investigations.

The DOJ, however, closed their investigation into leaks to the Washington Post about Flynn’s 2016 call Russian Ambassador Sergei Kislyak. This decision has also come under fire from Republicans like Senator Grassley, who questioned how the department found no wrongdoing even though leaking classified information is a felony.

The corrupt officials involved in each case also never faced charges to which they were referred, such as former Acting FBI Director Andrew McCabe, who had charges of lying to federal investigators about his authorization of leaks to the media dropped by the DOJ.

Meanwhile, former Air Force intelligence analyst Daniel Hale was recently sentenced to 45 months in prison after being charged by federal prosecutors. His crime? Leaking government documents that indicated President Barack Obama and former CIA Director John Brennan were misleading about the number of civilians being killed by their drone program.

Most recently, Biden’s DOJ has been criticized by Republicans such as Rep. Byron Donalds of Florida for targeting the state of Georgia over its Republican-led voter integrity law.

There are many other instances where the DOJ was accused of showing an apparent bias in those who they choose to charge with federal crimes. (RELATED: US Drops Charges Against Researchers Accused Of Hiding Affiliation With Chinese Military)

Polls show that Americans are increasingly becoming disaffected with once trusted institutions and the clear two-tiered justice system at the DOJ illustrates just one reason why.

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