Entering the Golden Age: Ending the Weaponization of the Justice Department

DOJ and Judicial Nomination VotesHouse Judiciary Subcommittee on Oversight · February 25, 2025 · 119th Congress
The newly formed House Judiciary Subcommittee on Oversight held its first hearing to examine claims that the Biden-era Department of Justice was politically weaponized against conservatives, including prosecutions of Donald Trump and pro-life activists, while Democrats used the hearing to argue the Trump administration's early actions—particularly the Eric Adams case—constitute weaponization instead. Begins at ▶ 0:37:26
Transcript
Highlights

Title

Republicans and Democrats clash over "weaponization" of the Justice Department

Purpose

The newly formed House Judiciary Subcommittee on Oversight held its first hearing to examine claims that the Biden-era Department of Justice was politically weaponized against conservatives, including prosecutions of Donald Trump and pro-life activists, while Democrats used the hearing to argue the Trump administration's early actions—particularly the Eric Adams case—constitute weaponization instead. Four witnesses testified: former FBI official Chris Swecker, attorney Jonathan Fahey, Thomas More Society's Peter Breen, and former DOJ prosecutor Brendan Ballou. Begins at▶ 0:37:26

Who spoke

• Chairman Barry Moore (R-AL)▶ 0:38:28: Opened by alleging DOJ weaponization against Trump via Alvin Bragg▶ 0:39:29, Letitia James▶ 0:39:59, and Fani Willis▶ 0:40:29, and cited FBI targeting of Catholics▶ 0:43:01 and the Hindu temple raid in New Jersey▶ 0:44:02, plus the Mark Houck raid▶ 0:45:32.

• Ranking Member Jasmine Crockett (D-TX)▶ 0:48:34: Argued "weaponization" is a Republican talking point being used to justify purging federal employees▶ 0:49:35, and said the Trump DOJ's attempt to drop the Eric Adams case fits Republicans' own past definitions of corruption▶ 0:52:36; later distinguished state prosecutions decided by juries from federal lawfare claims▶ 0:58:09.

• Chairman Jim Jordan (R-OH), Full Committee▶ 1:00:11: Recounted the Mar-a-Lago raid, Jack Smith's alleged judgeship offer to a defense attorney▶ 1:01:41, the Richmond FBI memo on "radical traditionalist Catholics"▶ 1:02:11, and the Brian Malinowski case▶ 1:02:39; noted seven subpoenas sent for information▶ 1:04:40.

• Ranking Member Jamie Raskin (D-MD), Full Committee▶ 1:05:11: Detailed Danielle Sassoon's resignation over the Eric Adams dismissal order from Emil Bove▶ 1:06:41, cited Hagen Scotton's resignation letter▶ 1:08:43, and Tom Homan's Fox News comment about being "up his butt"▶ 1:09:45; criticized DOJ's firing of January 6 prosecutors▶ 1:11:15 and US Attorney Ed Martin's conflicts▶ 1:13:16.

• Chris Swecker, former FBI Assistant Director▶ 1:19:20: Said politics did not drive FBI investigations during his 24-year tenure but has since 2016▶ 1:20:20; cited Crossfire Hurricane's four FISA orders based on false information▶ 1:21:51 and contrasted Trump's Mar-a-Lago raid with Biden's classified documents handling▶ 1:22:52.

• Jonathan Fahey, Holtzman Vogel partner▶ 1:24:52: Said he never observed politicization as a prosecutor under three administrations▶ 1:26:25 but described the Merrick Garland school board memo creating a multi-agency task force with no resulting federal prosecutions▶ 1:27:55▶ 1:29:26.

• Peter Breen, Thomas More Society▶ 1:30:57: Described defending Mark Houck against FACE Act charges after state charges were dropped▶ 1:31:58, cited Eva Adell's pardon▶ 2:08:02, and argued the Biden DOJ prosecuted pro-life advocates while ignoring arson attacks on pregnancy centers▶ 2:08:32.

• Brendan Ballou, former DOJ prosecutor▶ 1:36:31: Said roughly 140 police officers were assaulted on January 6▶ 1:36:31, detailed post-Watergate DOJ reforms being dismantled▶ 1:37:32, and cited Trump's pardon of nearly 1,600 January 6 defendants and threats against Chuck Schumer and Jack Smith▶ 1:38:02.

• Rep. Mustafa Musznski/"Musz" (D-GA) [1:57:24, transcript name unclear]: Pressed Ballou on Danielle Sassoon and Ed Martin calling himself "Trump's attorney"▶ 1:57:54; sarcastically challenged Republicans to admit they intend to continue DOJ weaponization▶ 1:59:57.

• Rep. Eric Schmitt (R-KS)▶ 2:15:35: Focused on the National School Board Association's letter and coordination with the White House▶ 2:19:09, asking witnesses whether such coordination was typical▶ 2:19:39.

• Rep. (Missouri Republican, name not stated)▶ 2:03:59: Questioned Breen about the Mark Houck SWAT raid and prior dropped state and federal cases▶ 2:04:00▶ 2:05:30.

• Rep. Jamie Raskin (D-MD) cross-exam segment▶ 2:09:33: Asked witnesses yes/no whether any prosecutor was fired for case assignment before January 6▶ 2:09:33, and pressed Ballou on the firing of Jack Smith's team▶ 2:11:04.

• Rep. Jasmine Crockett cross-exam segment▶ 2:22:11: Asked witnesses whether January 6 defendants had been convicted or pled guilty▶ 2:22:11, noted recidivism among pardoned rioters▶ 2:23:41, and confirmed Christopher Wray was appointed by Trump, not Biden▶ 2:26:12.

• Chairman Jim Jordan, closing questioning▶ 2:27:44: Asked Swecker about the 26 FBI confidential human sources present on January 6▶ 2:27:44 and questioned Fahey and Breen on the Jack Brat judgeship-offer allegation▶ 2:30:44 and the Houck and Malinowski raids▶ 2:32:15.

Key moments

• Swecker testified that at least 17 of 26 FBI confidential human sources present on January 6 entered restricted space without authorization, and four entered the Capitol itself, with two of those four asked to be there by the FBI▶ 2:27:44▶ 1:03:39.

• Raskin read from Hagen Scotton's resignation letter stating it "would take a fool or a coward" to join the plot to dismiss the Eric Adams case, following Danielle Sassoon's resignation▶ 1:08:43▶ 1:09:14.

• Fahey said the DOJ's school board threat task force, spanning multiple divisions and the FBI, produced not a single federal prosecution despite being launched a month before the 2021 Virginia and New Jersey elections▶ 1:28:25▶ 1:29:26.

• Breen said Mark Houck's federal FACE Act case had already been dropped once at the state level and abandoned before a federal grand jury, then was "resurrected" after the Dobbs leak, prompting a dawn SWAT raid despite an offer to have Houck surrender voluntarily▶ 2:04:30▶ 2:05:00.

• Ballou stated the Trump administration has largely stopped enforcing the Foreign Corrupt Practices Act and FARA and disbanded the Kleptocapture task force, while pardoning nearly 1,600 January 6 rioters, including some he personally prosecuted for assaulting officers▶ 1:38:02▶ 1:38:32.

• Jordan and Swecker discussed the Brian Malinowski case, in which agents taped over his doorbell camera before a pre-dawn raid over an alleged unlicensed sale of six firearms; Malinowski was shot and killed▶ 1:02:39▶ 2:33:15.

• Raskin entered into the record the actual Garland school board memo, noting it never uses the words "mother," "father," or "parent," disputing Republican characterizations▶ 2:14:35.

• Swecker and Moore discussed an FBI Richmond field office memo labeling "radical traditionalist Catholics" as potential domestic violent extremists; Swecker called it "incredibly poor judgment" and said the FBI director apologized▶ 1:52:51▶ 1:53:21.

• Crockett noted that Christopher Wray, appointed by Trump, remained FBI director through the prosecutions Republicans criticized, and that New York Mayor Eric Adams, a Democrat, was prosecuted under a Democratic-appointed DOJ▶ 2:26:42▶ 2:27:13.

• Breen said a firebombed pregnancy center client spent roughly $500,000 to rebuild after police told him they could not identify the perpetrators, contrasting this with aggressive FACE Act prosecutions of pro-life advocates▶ 2:08:32.

Metadata

CommitteeHouse Judiciary Subcommittee on Oversight
Chamber / CongressHouse · 119th Congress
DateFebruary 25, 2025
TypeHearing
Witnesses
Mr. Jonathan Fahey — Partner, Holtzman Vogel
Mr. Chris Swecker — Former FBI Assistant Director, Criminal Investigative Division
Mr. Peter Breen — Executive Vice President & Head of Litigation, Thomas More Society
Mr. Brendan Ballou — Former Prosecutor, Department of Justice
Videoyoutube
Transcript235 caption blocks · 19,585 words · 2:37:51 runtime
EventCongress.gov 117924