Top Chicago White Collar Criminal Lawyer Michael Leonard addresses What will Trump’s DOJ do? With the election of President Trump, it is clear that the Department of Justice’s priorities will change – and likely immediately. However, the prosecution of certain crimes will likely stay the same, or increase under a new Trump DOJ. Those include the traditional street crimes that are regularly prosecuted at the Federal level. Those include drug crimes, gun crimes, car jackings, HOBBS Act robberies, and RICO drug and other conspiracies. Indeed, consistent with Trump’s tough on crime rhetoric, we can expect that those crimes will continue to be a federal prosecutorial. focus. In addition, we can expect the prosecution of illegal immigration/illegal re-entry cases to increase dramatically, if not skyrocket.
We can also expect that many investigations that were already underway – will go away entirely. These are likely to include many such investigations focused on corporations and individual businessmen.
However, Trump’s DOJ will still have to confront and face the reality that prosecutors across the country have a substantial amount of discretion with respect to who to investigate, and who to charge. Absent the initiation of some type of nationwide policy that seeks to limit that discretion, or requires greater DOJ oversight, it will be difficult to immediately change the charging practices at the local level. That said, we can certainly expect that certain types of targets will find a open ear from the DOJ and White House when learn that they, or the companies they lead, are under investigation or face possibility of being indicted.
In addition, the Trump DOJ regime may, and likely will, result, in the exodus of many long-term and career prosecutors. That will result in a charging lag, and will result in an advantage to the defense bar as that will likely mean that a wave of less experienced prosecutors will move into local prosecution positions.
Further, it is difficult to see how the DOJ under Trump can meet Trump’s goal of vastly shrinking Government, while bringing prosecutions at the local level. It is certainly possible that DOJ oversight positions will be eliminated and/or hiring freezes will be implemented.
Finally, it would seem that many prosecutions in the crypto industry will go away, and that such an approach will mean that such further prosecutions will be curtailed or virtually eliminated during this regime.
Overall, from a defense lawyer perspective, all this means that there is much to be happy about.
In the interim, stay tuned and contact Leonard Trial Lawyers in any situation involving an actual or potential Federal investigation or Federal criminal charges.
Michael Leonard
Leonard Trial Lawyers
December 22, 2024
