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October 22, 2024

The shocking announcement was made on the day of the 2024 election, when the President Joe Biden called for the public imprisonment of former President Donald Trump, during a visit to a Democratic campaign office in New Hampshire. Biden’s comments have fueled a long-running critique that the DOJ has been weaponized against political opponents, a practice that critics argue began under Barack Obama and has intensified under Biden’s administration.

Biden’s Remarks on Imprisoning Trump

Biden made the quote while addressing campaign staffers “We gotta lock [President Trump] up.” This is the most forthright demand for a former president of the United States from a current commander-in-chief. It follows weeks of Biden teasing that Trump’s legal woes – the federal lawsuits brought by Special Counsel Jack Smith – were all part of a larger scheme to make sure Trump gets his political foot in the door.

Biden threw light on this very question earlier this month, saying: “The same guy who has three other major cases waiting for him when he loses,” referring to Trump’s mounting legal battles. Biden specifically pointed to the federal cases and the 34 felony counts brought against Trump by Manhattan District Attorney Alvin Bragg’s office.

Biden reportedly took personal delight in Trump’s legal calamity, quoting: “He got the sentence kicked back, but I want to watch that sentence.” This appears to refer to legal efforts that, according to Biden, are aimed at making sure Trump faces serious repercussions, further highlighting the administration’s involvement in efforts to prosecute the former president.

Weaponization of the DOJ: A Legacy from Obama to Biden

The fallout over Biden’s new remarks only served to feed into already-present suspicions of the politicization of the DOJ. For many observers, the weaponization of the DOJ against political opponents began under Barack Obama and has continued under Biden. Attorney General Eric Holder’s Obama-era DOJ was accused of targeting conservative institutions and people. Such allegations included the imposition of undue pressure on conservative 501(c)(3)s and the IRS’s purported exploitation of Tea Party activists.

And these are the worries that only escalated under Biden. Trump acolytes single out special counsel Jack Smith’s and others’ prosecutions as examples of politically motivated trials. The president’s indictment for leaked materials, along with charges for what he did on Jan. 6, have attracted intense Republican rebuke because these are all politics.

Trump has himself spoken out against the DOJ’s handling of his cases on numerous occasions as a “witch hunt” and political hit job. Trump’s lawyers have also moved to dismiss some of these cases due to prosecutorial misconduct, though they have not succeeded.

Biden’s DOJ: Political Weapon or Lawful Justice?

The Biden administration has long blasted accusations that the DOJ is being used as a political tool. His Attorney General, Merrick Garland, has in his defense recited the DOJ’s independence and its dedication to not playing politics. Yet Biden’s new remarks seem to dilute those claims by allegedly tying the DOJ prosecution of Trump directly to the election.

GOP members and political pundits point out that Biden’s remarks point to a worrying trend of criminalizing political protest. Sen. Josh Hawley (R-MO), one of the most vocal critics of the Biden administration, added: “This is exactly what happens in banana republics. Political opponents are jailed, not because of actual crimes, but because they pose a threat to those in power.”

These sentiments have also been echoed by conservative media and pundits, who said that Biden’s statement was unprecedented in its politicization of the presidency and the criminal justice system. Trump adviser Steve Bannon referred to Biden’s statement as an “blatant admission” of political collusion, and the former Fox News anchor, Tucker Carlson, described it as “a dangerous escalation in the already tense political landscape.”

The Impact on the 2024 Election

And with the 2024 election looming two weeks away, Biden’s words could influence both political camps. Trump, the unstoppable hector of the Republican Party, still commands strong support even with all his legal woes. His supporters interpret the charges against him as part of a bigger attempt to scupper his political career and suppress the populist movement he embodies.

It has not taken Trump’s campaign long to pick up on Biden’s statement and integrate it into their general narrative that the ex-president is being unfairly tarred by a corrupt political class. “The Biden administration will stop at nothing to take down President Trump, even if it means destroying the rule of law in the process,” Trump’s campaign said in a statement.

And Democrats are not commenting on Biden’s comment very much, instead focus in on Trump’s alleged incompetence and the demand for justice. However, Biden’s comment has raised uncomfortable questions for those who advocate for criminal justice reform and the independence of the judiciary.

On the eve of Election Day, Biden’s stated demand to “lock Trump up” underscores how deeply Americans disagree and how the court system as a political instrument can and should be a political weapon. Whether Biden’s remarks will bring his base together or turn out some unaffiliated voters is anyone’s guess, but they have certainly made an already highly charged election season that much more heated.

Weaponizing the DOJ — a focus that began with Obama and has apparently increased under Biden — remains a hot button issue for both parties in the final weeks of campaigning. The conflict between Trump and Biden is no longer about policy or leadership, but about the integrity of American democracy and the rule of law.

Sources:

  1. Politico – DOJ scandals by Biden
  2. Fox News – Biden demands that Trump be locked up
  3. The Washington Post – Obama era DOJ weaponization