A telltale of the Trump Department of Justice was who would be willing to sign off, to appear in court, to assert and argue some of the most specious and absurd positions taken by the Trump administration to circumvent the law and make Trump’s wildest dreams come true. One such guy was senior adviser to the Attorney General, Henry Whitaker.
Back in November 2025, in an effort to resuscitate the failed prosecutions of James Comey and Letitia James, Whitaker told Judge Cameron McGowan Currie that Comey and James were trying to “elevate what is at best a paperwork error,” when they flagged the fact that they were being prosecuted by a random insurance lawyer with a MAGA hat. At the time, he called it “fanciful” to suggest that the DOJ sought to evade Senate confirmation by continuing to treat Lindsey Halligan as the U.S. Attorney. Currie tossed both indictments anyway.
As no dead horse goes unbeaten by this administration, Whitaker took the matter to the Fourth Circuit, opening his September argument thusly: Continue reading
