Donald Trump and his allies have begun mapping out specific plans for using the federal government to punish critics and opponents should he win a second term, with the former president naming individuals he wants to investigate or prosecute and his associates drafting plans to potentially invoke the Insurrection Act on his first day in office to allow him to deploy the military against civil demonstrations.
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In private, Trump has told advisers and friends in recent months that he wants the Justice Department to investigate onetime officials and allies who have become critical of his time in office, including his former chief of staff, John F. Kelly, and former attorney general William P. Barr, as well as his ex-attorney Ty Cobb and former Joint Chiefs of Staff chairman Gen. Mark A. Milley, according to people who have talked to him, who, like others, spoke on the condition of anonymity to describe private conversations. Trump has also talked of prosecuting officials at the FBI and Justice Department, a person familiar with the matter said.
In public, Trump has vowed to appoint a special prosecutor to “go after” President Biden and his family. The former president has frequently made corruption accusations against them that are not supported by available evidence.
To facilitate Trump’s ability to direct Justice Department actions, his associates have been drafting plans to dispense with 50 years of policy and practice intended to shield criminal prosecutions from political considerations. Critics have called such ideas dangerous and unconstitutional.
“It would resemble a banana republic if people came into office and started going after their opponents willy-nilly,” said Saikrishna Prakash, a constitutional law professor at the University of Virginia who studies executive power. “It’s hardly something we should aspire to.”
Trump testifies in New York civil fraud trial: Live updates
Much of the planning for a second term has been unofficially outsourced to a partnership of right-wing think tanks in Washington. Dubbed “Project 2025,” the group is developing a plan, to include draft executive orders, that would deploy the military domestically under the Insurrection Act, according to a person involved in those conversations and internal communications reviewed by The Washington Post. The law, last updated in 1871, authorizes the president to deploy the military for domestic law enforcement.
The proposal was identified in internal discussions as an immediate priority, the communications showed. In the final year of his presidency, some of Trump’s supporters urged him to invoke the Insurrection Act to put down unrest after the murder of George Floyd in the summer of 2020, but he never did it. Trump has publicly expressed regret about not deploying more federal force and said he would not hesitate to do so in the future.
Trump campaign spokesman Steven Cheung did not answer questions about specific actions under discussion. “President Trump is focused on crushing his opponents in the primary election and then going on to beat Crooked Joe Biden,” Cheung said. “President Trump has always stood for law and order, and protecting the Constitution.”
The discussions underway reflect Trump’s determination to harness the power of the presidency to exact revenge on those who have challenged or criticized him if he returns to the White House. The former president has frequently threatened to take punitive steps against his perceived enemies, arguing that doing so would be justified by the current prosecutions against him. Trump has claimed without evidence that the criminal charges he is facing — a total of 91 across four state and federal indictments — were made up to damage him politically.
“This is third-world-country stuff, ‘arrest your opponent,’” Trump said at a campaign stop in New Hampshire in October. “And that means I can do that, too.”
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Special counsel Jack Smith, Attorney General Merrick Garland and Biden have all said that Smith’s prosecution decisions were made independently of the White House, in accordance with department rules on special counsels.
Trump, the clear polling leader in the GOP race, has made “retribution” a central theme of his campaign, seeking to intertwine his own legal defense with a call for payback against perceived slights and offenses to right-wing Americans. He repeatedly tells his supporters that he is being persecuted on their behalf and holds out a 2024 victory as a shared redemption at their enemies’ expense.
Kelly said he would expect Trump to investigate him because since his term as chief of staff ended, he has publicly criticized Trump, including by alleging that he called dead service members “suckers.” Kelly added, “There is no question in my mind he is going to go after people that have turned on him.”
Barr, another Trump appointee turned critic, has contradicted the former president’s false claims about the 2020 election and called him “a very petty individual who will always put his interests ahead of the country’s.” Asked about Trump’s interest in prosecuting him, Barr deadpanned, “I’m quivering in my boots.”
“Trump himself is more likely to rot in jail than anyone on his alleged list,” said Cobb, who accused Trump of “stifling truth, making threats and bullying weaklings into doing his bidding.”
Milley did not comment.
Other modern presidents since the Watergate scandal — when Richard M. Nixon tried to suppress the FBI’s investigation into his campaign’s spying and sabotage against Democrats — have sought to separate politics from law enforcement. Presidents of both parties have imposed a White House policy restricting communications with prosecutors. An effort under the George W. Bush administration to remove U.S. attorneys for political reasons led to high-level resignations and a criminal investigation.
Keeping up with politics is easy with The 5-Minute Fix Newsletter, in your inbox weekdays.
In private, Trump has told advisers and friends in recent months that he wants the Justice Department to investigate onetime officials and allies who have become critical of his time in office, including his former chief of staff, John F. Kelly, and former attorney general William P. Barr, as well as his ex-attorney Ty Cobb and former Joint Chiefs of Staff chairman Gen. Mark A. Milley, according to people who have talked to him, who, like others, spoke on the condition of anonymity to describe private conversations. Trump has also talked of prosecuting officials at the FBI and Justice Department, a person familiar with the matter said.
In public, Trump has vowed to appoint a special prosecutor to “go after” President Biden and his family. The former president has frequently made corruption accusations against them that are not supported by available evidence.
To facilitate Trump’s ability to direct Justice Department actions, his associates have been drafting plans to dispense with 50 years of policy and practice intended to shield criminal prosecutions from political considerations. Critics have called such ideas dangerous and unconstitutional.
“It would resemble a banana republic if people came into office and started going after their opponents willy-nilly,” said Saikrishna Prakash, a constitutional law professor at the University of Virginia who studies executive power. “It’s hardly something we should aspire to.”
Trump testifies in New York civil fraud trial: Live updates
Much of the planning for a second term has been unofficially outsourced to a partnership of right-wing think tanks in Washington. Dubbed “Project 2025,” the group is developing a plan, to include draft executive orders, that would deploy the military domestically under the Insurrection Act, according to a person involved in those conversations and internal communications reviewed by The Washington Post. The law, last updated in 1871, authorizes the president to deploy the military for domestic law enforcement.
The proposal was identified in internal discussions as an immediate priority, the communications showed. In the final year of his presidency, some of Trump’s supporters urged him to invoke the Insurrection Act to put down unrest after the murder of George Floyd in the summer of 2020, but he never did it. Trump has publicly expressed regret about not deploying more federal force and said he would not hesitate to do so in the future.
Trump campaign spokesman Steven Cheung did not answer questions about specific actions under discussion. “President Trump is focused on crushing his opponents in the primary election and then going on to beat Crooked Joe Biden,” Cheung said. “President Trump has always stood for law and order, and protecting the Constitution.”
The discussions underway reflect Trump’s determination to harness the power of the presidency to exact revenge on those who have challenged or criticized him if he returns to the White House. The former president has frequently threatened to take punitive steps against his perceived enemies, arguing that doing so would be justified by the current prosecutions against him. Trump has claimed without evidence that the criminal charges he is facing — a total of 91 across four state and federal indictments — were made up to damage him politically.
“This is third-world-country stuff, ‘arrest your opponent,’” Trump said at a campaign stop in New Hampshire in October. “And that means I can do that, too.”
Sign up for The Trump Trials, a weekly newsletter tracking the former president's criminal cases
Special counsel Jack Smith, Attorney General Merrick Garland and Biden have all said that Smith’s prosecution decisions were made independently of the White House, in accordance with department rules on special counsels.
Trump, the clear polling leader in the GOP race, has made “retribution” a central theme of his campaign, seeking to intertwine his own legal defense with a call for payback against perceived slights and offenses to right-wing Americans. He repeatedly tells his supporters that he is being persecuted on their behalf and holds out a 2024 victory as a shared redemption at their enemies’ expense.
‘He is going to go after people that have turned on him’
It is unclear what alleged crimes or evidence Trump would claim to justify investigating his named targets.Kelly said he would expect Trump to investigate him because since his term as chief of staff ended, he has publicly criticized Trump, including by alleging that he called dead service members “suckers.” Kelly added, “There is no question in my mind he is going to go after people that have turned on him.”
Barr, another Trump appointee turned critic, has contradicted the former president’s false claims about the 2020 election and called him “a very petty individual who will always put his interests ahead of the country’s.” Asked about Trump’s interest in prosecuting him, Barr deadpanned, “I’m quivering in my boots.”
“Trump himself is more likely to rot in jail than anyone on his alleged list,” said Cobb, who accused Trump of “stifling truth, making threats and bullying weaklings into doing his bidding.”
Milley did not comment.
Other modern presidents since the Watergate scandal — when Richard M. Nixon tried to suppress the FBI’s investigation into his campaign’s spying and sabotage against Democrats — have sought to separate politics from law enforcement. Presidents of both parties have imposed a White House policy restricting communications with prosecutors. An effort under the George W. Bush administration to remove U.S. attorneys for political reasons led to high-level resignations and a criminal investigation.
