In a two-week period right after the 2024 election, the most energy expended by the transition team putting a cabinet together was toward Main Justice or the Dept of Justice. As a consequence, those around Lutnick and Wiles spent an incredible amount of time thinking about the Attorney General pick.
Following an insider discussion, I spoke with several people about positions and appointments, focused on pointing out that the transition’s priorities were misplaced. The AG needed to be someone with exceptional moral character, capable of gathering information and presenting it for public consumption, with the option of supporting criminal referrals if necessary.
The Attorney General wasn’t going to be the tip of the spear in any operation to confront the Deep State, because if Main Justice wanted to confront Lawfare they needed to confront the Intelligence Community first. The IC controls all of the activity within the Dept of Justice.
Read that again for emphasis. For the issues of greatest importance, the Intelligence Community controls all of the activity within Main Justice. The IC is in control of the source material. The IC is above the DOJ. If you don’t strategize a confrontation with the IC first, it doesn’t matter what you do with the Dept of Justice.

The best example I could reference at the time was the Mar-a-Lago documents case and Judge Aileen Cannon. In that example the Executive branch was targeting Trump through the DOJ/FBI, and representing the Judicial branch Judge Cannon was the firewall ensuring the appropriate administration of justice.
Trump’s defense, through Cannon, pushed back against the DOJ (Jack Smith) while Smith leveraged all his Lawfare tools back against Cannon. You might remember the “classified document” issue went to the 11th CCA.
The 11th Circuit Court of Appeals agreed with the government position that any documents defined as “classified” by the executive branch that claimed, “national security,” should not be disclosed to the defendant, Trump. The 11th CCA said when it comes to matters of national security, the judicial branch must defer to the determinations of the executive.
Basically, if the intelligence community decides certain information is tied to national security and labels it as classified for the DOJ, that decision can’t be challenged. The U.S. Supreme Court has backed this view. As a result, when it comes to national security issues, the judicial branch has to defer to the executive, giving the IC significant control over the DOJ.
If you drag former CIA Director John Brennan into court and Brennan’s lawyers argue ‘national security’ as a defense against indictment, inquiry or questioning, it’s not the DOJ (Attorney General) who matters – it’s the ‘national security’ determination of the Intelligence Community (Tulsi Gabbard) who controls the outcome.
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