When he was asked earlier this week about Trump ordering the DOJ to go after his political enemies, Blanche embraced the premise of the question rather than rejecting it: "We have thousands of ongoing investigations and prosecutions going on in this country right now, and it is true that some of them involve men, women and entities that the president in the past has had issues with and believes should be investigated."
Then Blanche added, "That is his right, and, indeed, it is his duty to do that — meaning to lead this country." When it comes to the weaponization of the DOJ, Blanche has shifted the administration's position from “it isn’t happening” to “it’s a good thing that it is.”
We are accustomed to those around Trump normalizing his authoritarianism by lying about what Trump is doing. Blanche is doing something even more dangerous — he is lying about what Trump should be doing.
The same is true regarding purging career prosecutors who had involvement in investigating Trump’s efforts to overturn the 2020 election. Rather than denying that targeted firings took place, Blanche painted it as a matter of legal ethics: "If you were a prosecutor and you were trying to prosecute your boss, you have ethical duties as a lawyer that I think prevent you from continuing to work in that environment."
There is no such ethical duty. Blanche simply made that up. As law professor and ethics expert Stephen Gillers told MSNBC, DOJ prosecutors who had previously worked on cases against Trump "are not ethically required to leave DOJ now," and firing them for that reason "is wrong."
To begin with, many of the people fired were not part of prosecuting Trump — they were simply assigned to investigative tasks.
Second, and more fundamentally, they were conducting the investigation of Trump’s potential crimes during his post-presidency.
Most importantly, even if the facts were as Trump suggests, there is no ethical duty for a prosecutor to resign and certainly no grounds for firing them. Recall that past presidents have also been investigated by federal prosecutors while in office.
Jimmy Carter was investigated twice by the Department of Justice while serving as president — once over his relationship with a bank and a second time related to his brother. In both instances, Carter cooperated and was cleared.