I’m hoping to bring you some news on the DOJ-in-Exile front in the not-too-distant-future. It was probably simply too early in the spring and summer of 2025. It’s not too early now. But the DOJ-in-Exile idea was and is part of a more general ambition and agenda — to create a baseline record, a predicate and an expectation of future accountability for the Trump administration’s criminal conduct. Some of that effort is a kind of opposition therapy, resisting the authoritarian aim of convincing the public that the law, the ecosystem of criminal accountability has disappeared. It heartens people. It provides a framework of expectation: the law hasn’t disappeared. We’re in an interregnum. It will return, as will accountability. The battle over expectations about the future is a central battle in any authoritarian takeover.

But it’s not solely a matter of heartening, strengthening the morale of the opposition. It is also very directly and literally laying the groundwork for criminal accountability for a renegade executive and all the corrupt actors and criminals who now populate the executive branch.

Semafor reported last night that Joe Kent, momentary half-resistance hero and full-time white nationalist weirdo, is being investigated by the FBI for leaking classified information. According to Semafor, at least, the investigation predates his high-profile, news-driving resignation. We don’t know many details of this investigation. It’s at least possible that, rather than being retaliation for the resignation, it was actually the cause of it. In other words, maybe Kent saw the investigation was building, that the moment was right, and made his push to clothe the investigation and any possible future charges as retaliation. But let’s set that possibility aside for the moment. Because there’s another possibility I want to explore, one that goes to the heart of how Trump II works.