Accountability is Not ‘Political Retribution’ – It is
Justice
In my
column for The Washington Times, I write how the law must be
applied fairly:
In America, the rule of law depends upon there being one system of
justice for the entire country, but let’s be honest: Until now, that
hasn’t been true.
The
Washington establishment has operated under a double standard: One for them
and another for everyone else. James
B. Comey, Letitia
“Tish” James and John
R. Bolton, all now targeted for or under indictment, are not victims of
“retribution,” as the leftist media and Democrats loudly claim. They
are facing long-overdue accountability for alleged criminal misconduct tied
to abuse of power, deception and the weaponization of government against
political opponents and the rule
of law itself.
The liberal
media’s narrative of “revenge” is a convenient distraction. It
ignores the years of documented misconduct that helped erode public trust
in our institutions — much of which Judicial Watch exposed through
litigation and investigations. These cases aren’t about politics; they
are about restoring equal justice and integrity to the system that the
political left corrupted.
The
indictment of Mr. Comey, a former FBI director, on charges of obstruction
of a congressional proceeding and making false statements, should come as
no surprise to those who have followed the man’s record. Judicial Watch
uncovered evidence that the FBI retrieved personal memos from Mr. Comey
after he left office, which he had either leaked or kept without
authorization. We obtained documents showing that he coordinated with
Robert Mueller’s team before his
2017 testimony and used his office to promote a baseless case against
President Trump.
Mr. Comey
lied, leaked and obstructed, all to manipulate investigations and preserve
the anti-Trump narrative. Now, when he is finally called to answer for
those actions, his attorneys accuse Mr. Trump of “personal animus.”
That’s nonsense. These charges stem from his own misconduct, not from
politics. Accountability isn’t retribution; it’s the law doing what it
should have done years ago.
Ms.
James made her political career by campaigning on the promise to “get
Trump.” She smeared him as an “illegitimate president” and then
weaponized her position as New York attorney general to pursue baseless
civil charges against Mr. Trump and his company. Even a leftist-dominated
appellate court in New York rejected Ms. James’ abuse of Mr. Trump and
knocked out the abusive
fines she sought.
Now, when Ms.
James herself faces charges of bank fraud and lying to a financial
institution, the same media that cheered her partisan crusade portray her
as a victim. It’s hypocrisy. The rule of law doesn’t stop applying when
the accused is a Democrat with elite connections. For now, the courts have
shut down the indictments of Mr. Comey and Ms. James for dubious reasons,
but the underlying charges are rightly still being
pursued.
Then there’s the
self-styled “guardian” of national security, Mr. Bolton, who, according
to federal prosecutors, mishandled and unlawfully transmitted classified
defense information more than a dozen times. More than 1,000 pages of
national defense material leaked through his personal accounts, with
reckless disregard for security. For years, Mr. Bolton
cast himself as a “truth teller” against Mr. Trump. Now, he faces 18
federal counts for behavior that placed real intelligence at
risk.
Everyone with a security
clearance knows full well the consequences of publicizing classified
information. Mr. Bolton apparently thought the law didn’t apply to him.
Once again, the “system” is finally holding a powerful insider
accountable.
Mr. Trump’s
critics, now joined by the same media that cheered lawfare against him for
years, claim these indictments mark a dangerous precedent. Yet the real
danger lies in
pretending that elites such as Messrs. Comey and Bolton and Ms. James are
above the law. For years, they targeted citizens and political opponents
using the machinery of justice as a weapon. They normalized selective
prosecution. The current cases simply return the law to its rightful,
impartial place.
Abigail
Jackson, spokeswoman for the Trump White House, put it plainly in
September: “It is the highest form of hypocrisy for Democrats and the
media to falsely claim accountability is ‘political retribution’”
after years of weaponizing the entire Biden administration. When one side
systematically abuses power, restoring accountability will always look like
retribution to those who benefited from corruption.
Sunlight is the best disinfectant. The law must
apply equally, whether your name is Donald Trump, James Comey or John
Bolton. Mr. Trump’s
administration is not seeking revenge; it is repairing justice. That
restoration is not tyranny. It is the republic’s
renewal.
Court Hearing Held for DC Police Bodycam Footage from
January 6, 2021
We were in court
yesterday for a
hearing before D.C. Superior Court Judge Carl E. Ross in a Freedom of
Information Act (FOIA) lawsuit against the District of Columbia for local
police bodycam footage from January 6, 2021.
We filed the June 2024 FOIA lawsuit
in the U.S. District Court for the District of Columbia after the
Metropolitan Police Department (MPD) denied our August 2021 request (Judicial
Watch v. District of Columbia (No. 2024-CAB-003453)). We are
seeking all footage captured by
the body-worn cameras of police department officers who responded to the
Capitol on January 6.
The Metropolitan Police
Department continues to withhold the January 6 footage because it claims
that the faces and voices of every individual who is not law enforcement
personnel in the videos for personal privacy reasons. Because of this, the
police department seeks
to charge us more than $1.5 million so that the police department can
redact those faces and voices in the videos, which supposedly contain over
one thousand hours of footage.
In a
September
2025 filing, we argue that DC’s claim of FOIA’s personal privacy
redaction requirement is wrong because no privacy interest exists – and
even if it did exist any privacy interest is outweighed by the public’s
interest in this case:
[Metropolitan Police Department’s bodycam] footage from January 6,
2021 captured a public event on public property. The footage does not
reveal private financial information, hospital admission records, social
security numbers, medical
records or similar materials. The [bodycam] footage only consists of faces
and voices that were seen and/or heard by anyone present on public property
or has seen other images/videos captured that day. There is nothing
whatsoever private about the faces and voices….
If the Court were to find that more than a de
minimis privacy interest is implicated by the unredacted
disclosure of the [bodycam] footage, the obvious public interest outweighs
it.... [L]ike the release of footage from the Capitol surveillance cameras,
the release of [the police department’s bodycam] footage “will provide
millions of Americans, criminal defendants, public interest organizations,
and the media an ability to see for themselves what happened that day,
rather than having to rely upon the interpretation of a small group of
government
officials.” See X post here.
There
is no good reason to hide these videos from January 6, and we will continue
our fight five years later for the public’s right to see the unedited
footage.
We have extensively investigated the events of
January 6.
In July 2025, we sued
the U.S. Department of Justice for records on accelerated January 6
prosecutions after Donald Trump was elected president in November 2024. The
Biden administration, anticipating President-elect Donald Trump’s promise
to issue pardons for January 6, 2021, defendants, is believed to have
accelerated prosecutions in the final months of Biden’s
term.
In August 2025, we announced that the U.S. Air
Force would finally provide full
military funeral honors to Ashli Babbitt, the Air Force veteran who was
shot and killed inside the U.S. Capitol by then-Capitol Police Lt. Michael
Byrd on January 6, 2021. Babbitt was the only official January 6 homicide
victim. The Biden administration had previously denied Babbitt and her
family these honors in retaliation for being at the U.S. Capitol that day.
This decision came on the heels of a massive, nearly $5 million Trump
administration settlement
with her family for wrongful death and other claims against the U.S.
Government.
Also in August, a Georgia state court issued an order
in our lawsuit for Georgia District Attorney Fani Willis to provide new
information
and potentially conduct a new search for Trump-related records because her
affidavit to the court made no reference to whether any searches of the
devices of former Fulton County Special Prosecutor Nathan Wade or those of
Chief Investigator Michael L. Hill, who was involved gathering evidence and
coordinating investigative efforts, and likely
met with the January 6 Committee.
In May 2025, we sued
the U.S. Department of War for records regarding a reported 2021 meeting
between then-Attorney General Merrick Garland and then-Chairman of the
Joint Chiefs of Staff General Mark Milley during which they discussed
President Trump. During the meeting, Milley is alleged to have pressured
Garland to target “far-right” militia movements (Judicial
Watch Inc. v. U.S. Department of Defense (No.
1:25-cv-01330)).
In April 2025, we filed
a FOIA lawsuit against the Internal Revenue Service to obtain records
related to possible
improper targeting of January 6, 2021, Capitol protesters, their
supporters, and related nonprofits (Judicial
Watch v. Internal Revenue Service (No.
1:25-cv-01290)).
In February 2025,
Judicial Watch sued
the War Department for
information about two conference calls involving then-Chairman of the Joint
Chief of Staff Mark Milley with the Departments of Justice, Interior and
Homeland Security regarding coordination for the January 6, 2021, election
certification (Judicial
Watch v. U.S. Department of Defense (No.
1:25-cv-00439)).
In December 2024, we sued
the Justice Department for details of a reported meeting between Attorney
General Merrick Garland and. Milley in which they discussed President Trump
and during which General Milley pressured Garland to target American “far
right” militia movements (Judicial
Watch Inc. v. U.S. Department of Justice
(No. 1:24-cv-03380)).
Medicaid Makes
$289 Million in “Unallowable Payments” to Dead
People
Recent events
in Minnesota have made it clear that your tax dollars are carelessly tossed
hither and yon. This is particularly true with Medicaid, as our
Corruption Chronicles blog reports.
A decade after Judicial Watch reported
that Medicaid, the government’ s fraud-infested health insurance program
for the needy, spent $26 million to provide dead people in one state alone
with benefits, a federal audit reveals the problem continues full-throttle
with hundreds of millions of dollars in “unallowable payments” on
behalf of “deceased enrollees.” It is an unbelievable story that
illustrates government inefficiency, especially when it involves welfare
programs. The waste has been well documented for many years, yet little has
been done to correct the problem. With an annual budget of about $900
billion Medicaid is jointly funded
by federal and state governments. The Centers for Medicare & Medicaid
Services (CMS) administers the program at the federal level and states have
CMS-approved plans to run their Medicaid programs, which provide low-income
residents with medical coverage. In some states the government contracts
with insurance companies and makes fixed monthly payments to provide
coverage.
For years, the
payments have continued even after the patient died. In other cases,
millions of dollars of “unallowable payments” are made on behalf of
incarcerated individuals, who lose Medicaid benefits once they are
imprisoned because healthcare is provided by correction facilities. In a
recent example, Illinois spent at
least $9.5 million to provide ineligible inmates, who had been enrolled
in Medicaid prior to incarceration, with medical benefits. As in many
states, the Illinois Department of Corrections Prison Data Match
collaborates with Medicaid Managed Care Enrollment Termination to provide a
weekly list of incarcerated individuals, and the information is matched
against the state’s Medicaid enrollment data to identify incarcerated
enrollees, so Medicaid benefits are terminated. Although the system has
been in place nationwide for
years, a recent Health and Human Services (HHS) Inspector General (IG)
probe examined Illinois records and determined that, between 2020 and 2023,
at least $9.5 million in unallowable payments were made on behalf of
imprisoned Medicaid recipients because the state failed to terminate
managed care enrollment after being notified of
incarceration.
The failure is
similar involving dead people, though the price tag is much higher. Since
2016 the HHS IG has conducted 18 audits identifying that Medicaid agencies
improperly made about
$289 million in payments on behalf of recipients after they
died. Even after all these years, “states continue to struggle with the
issue,” according to the recently published audit. Investigators found
that Medicaid agencies throughout the country doled out the money for the
healthcare of deceased beneficiaries even though the deaths were officially
recorded in the Social Security Administration’s Death Master File. In
most cases the cash kept flowing, the HHS watchdog confirms, writing that
“we determined that Medicaid agencies made unallowable capitation
payments after enrollees’ deaths for 99 of the 100 sample payments.”
Some of the overpayments were recovered by the government but the
overwhelming majority were not, sticking it to American taxpayers as so
many bloated welfare programs regularly do.
Improper payments have been a long-standing and
significant problem in the federal government, according to the Government
Accountability Office (GAO),
the investigative arm of Congress, and Medicaid is among the biggest
offenders. In fiscal year 2024 the GAO found that Medicaid made an
estimated $31.1
billion in improper payments, which is equal to about five percent of
the program’s total spending. A year earlier the HHS watchdog reported
that 14 states made over $249 million in unallowable payments on behalf of
dead people with 11 of those failing to consistently identify and process
beneficiaries’ death information. A few years ago, an Oregon state audit
revealed that $445 million in Medicaid benefits were paid to beneficiaries
enrolled in one or more other states, including tens of millions for
people covered under California and Washington state’s Medicaid
program.
NIH to Reconsider Frozen DEI, Gender Identity Grants Worth
Millions
Feeding
at the federal trough continues, with various leftwing groups and officials
fighting in court to retain a grab bag of questionable grants. Our
Corruption Chronicles blog explains.
A portion of diversity, equity, and inclusion
(DEI) grants frozen or denied by the National Institutes of Health
(NIH) last year will be reviewed and possibly reinstated by the Trump
administration to appease the left. Worth hundreds of millions of dollars,
the rejected grants also fund research related to LGBTQ+ and transgender
issues as well as gender identity, areas of study that do not meet the
administration’s priorities. That is why last spring the NIH, which
invests most of its $48
billion budget in
medical research, nixed grants flagged for DEI, transgender, LGBTQ+ and
other leftist projects that received large sums of taxpayer dollars under
Biden. Some were buried among the 50,000 grants the NIH awards annually to
more than 300,000 researchers at over 2,500 universities and medical
schools nationwide, but the Trump administration plucked them out and
revoked them. Thousands of grants worth billions of dollars were targeted
over DEI, gender identity and LGBTQ+ research.
Predictably, legal action ensued and several
lawsuits were filed by researchers, unions, civil rights
groups and a coalition of Democratic states that saw $783 million in frozen
DEI grants. That federal lawsuit, filed by attorneys general in
Massachusetts, California, Maryland, Washington, Arizona, Colorado,
Delaware, Hawaii, Minnesota, Nevada, New Jersey, New Mexico, New York,
Oregon, Rhode Island and Wisconsin alleges the Trump administration
violated the U.S. Constitution and the Administrative Procedure Act by
unreasonably delaying the review and disposition of applications for NIH
grants submitted by researchers. Another lawsuit,
filed by a leftwing civil right
group, says a plaintiff whose research focuses on sexual violence in
minority communities had six grants terminated and another that studied the
promotion of mental and physical health among black men. An Ivy League
professor lost her NIH grant focusing on obstetrical outcomes for lesbian,
gay, bisexual and queer women, while another frozen award funded research
on the mental health impacts of laws targeting the LGBTQ+
population.
In the case filed
by the states, a trial court and an appeals court in Massachusetts sided
with the attorneys general, but the U.S. Supreme Court later ruled that
the trial judge lacked the authority to compel the grants to be paid. The
states asked the Supreme Court to leave the lower court’s order in place,
claiming that the termination of the DEI grants “caused unrecoverable
loss of scientific knowledge” and would inflict incalculable losses in
public health and human life. The high court did not agree with its 5-4
decision setting aside the lower court rulings and allowing the Trump
administration to cancel hundreds of millions of dollars in NIH grants
involving DEI. The ruling certainly makes it tougher for grant recipients
who challenge the Trump administration’s
changes to federal funding based on its new DEI and gender identity
policies. The Supreme Court decision undoubtedly gives the government the
upper hand to withhold taxpayer dollars for research that involves wasteful
projects prioritized by the previous administration.
That makes the Trump administration’s decision
to review and possibly reinstate the canceled DEI grants puzzling. In a settlement
agreement recently signed by the Department of Justice (DOJ) and the
attorneys general who sued the administration, the NIH agrees to consider
hundreds of grants worth $783 million without taking into account
DEI. The document was filed in Massachusetts federal court on Dec. 29 and
the state’s attorney general, Andrea Joy Campbell, calls it a victory
against unlawful directives that targeted NIH projects based on their
perceived connection to DEI, transgender issues, vaccine hesitancy and
other topics disfavored by the Trump administration. Under the agreement
NIH officials “will complete their consideration of the Applications in
the ordinary course of NIH’s scientific review process, without applying
the Challenged
Directives.” This clearly refers to the Trump administration’s ban on
funding controversial DEI, transgender and gender identity research. The
NIH also commits to “evaluate each application individually and in good
faith.”
Until next week,
