CLEARING HOUSE

Prosecutors Pushed Out After Refusing to Bow to Trump Pressure

An assistant U.S. attorney in Virginia has resigned following the departure of his boss.

Two prosecutors have been forced out over disagreements into how to handle the Trump administration’s response to an earlier FBI investigation into Russian involvement in the 2016 election.

Todd Gilbert, U.S. attorney for the Western District of Virginia, resigned in August, in part after refusing to fire Assistant U.S. Attorney Zachary Lee. Lee, himself, has now stepped down from his role as acting U.S. attorney, The New York Times reports.

Trump has pressured U.S. attorneys to follow through on prosecutions and investigations of political enemies.

The resignations come amid disagreements over whether to open a grand jury investigation into the FBI’s handling of the Russia investigation, particularly to examine whether anybody at the bureau had mishandled classified documents.

President Donald Trump has long considered the investigation into Russian interference in the 2016 election to be indicative of a “witch hunt” against him.

According to The New York Times, FBI Director Kash Patel reportedly ordered Gilbert to investigate the issue of classified documents being stored in “burn bags” at FBI headquarters, which they believe is indicative of agents engaging in the deliberate destruction of evidence. Sensitive documents that have been printed are often destroyed after use as a security measure, as they are primarily stored on computers.

Having reviewed the evidence, Gilbert concluded that there was not sufficient evidence to warrant a grand jury investigation. Attorney General Pam Bondi sought to blame Lee, who they viewed as a Biden holdover and who they felt swayed Gilbert unfairly.

Gilbert was then ordered to replace Lee as his deputy and pressured to remove him entirely.

Justice Department officials told Gilbert that he would be fired, and he resigned soon after.

After resigning, Gilbert reposted a photo taken at his swearing-in ceremony, adding a GIF from the 2004 film Anchorman that says, “Boy, that escalated quickly.”

In another social media post made on Monday following news of Lee’s resignation, Gilbert expressed his support for his former deputy.

“Zach Lee is a consummate professional and respected career prosecutor. I quickly learned to appreciate and respect his talent and wisdom. Zach dutifully carried out his duties for years no matter the situation, and his departure is a tremendous loss to all,” Gilbert wrote.

In a statement to The Roanoke Times, Lee announced his decision to transition to the private sector. “As I make my transition from a career in public service to the private sector, I could think of no firm I’d rather join than Gentry Locke,” the statement read. He will be joining the firm’s white collar defense, investigations, and compliance practice.

Robert Tracci, whom Gilbert was told to replace Lee with, is now serving as acting U.S. attorney for the district.

While The New York Times reports that the investigation has seemingly petered out, Trump has managed to secure indictments against other political enemies, including former FBI Director James Comey and New York Attorney General Letitia James, in the last couple of months.

A Justice Department spokesman declined to comment to the Daily Beast.

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Catherine BourisReporter

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