The U.S. and Iran have drifted back into active combat and President Trump is on Truth Social promising again to rain destruction down on the country and now more explicitly promising the outcome which triggered this conflict in the first place: the idea that Trump would duplicate in Iran what he has, kind of amazingly, pulled off so far in Venezuela. It’s a good moment to remember what’s going on here — what we’re doing here, big picture.

This war has been going on for almost four months. But most of that time has been under one or another kind of ceasefire, albeit often honored in the breach. A friend recently compared it to the so-called “Phoney War”, the eight-month period in 1939 and 1940 when Germany, France and Britain were nominally at war, though full-scale combat didn’t begin until the invasion of France in May 1940.

I want to share a few more thoughts about yesterday’s news out of the defunct Broadview Six case, specifically the all-but-unprecedented release of the transcript of the grand jury sessions from which the indictments came. This was always a case of wild over-charging at a minimum. And that raised the question of just how prosecutors managed to get the case through a grand jury, even with how low a bar that usually is. Well, now we know. They cheated. They wouldn’t take no for an answer.

As David Kurtz notes here, this case seemed fuzzier than most of the other Trump retribution prosecutions. While the indictments singled out a Democratic candidate and lawmaker and those closely associated with them, none of those were high-profile Trump “enemies” like Tish James or James Comey. The prosecutor who initially led the case showed no signs of being especially Trumpy. Defense attorneys tried from the beginning to pry free evidence of White House and/or DOJ interference or direction in bringing the case. But prosecutors said they looked and there was no communication about it. The judge accepted that statement at face value.

It was almost certainly false.

One feature of the current moment is that there are so many things going on, so much corruption and wrongdoing that it is hard to focus on any one thing. What would otherwise be historic scandals blow by almost unnoticed. Today I wanted to zero in on a couple storylines we should all be following. 

One comes from the Broadview Six/Four case. I explained the outlines of the story here. It’s now being referenced in numerous federal cases to persuade judges to deny prosecutors the presumption of “regularity,” i.e. the foundational assumption that the government is following the rules and operating in good faith in its prosecutions. The end of the Kilmar Abrego Garcia case is getting similar treatment. But there’s clearly a deeper scandal brewing here, especially with grand juries. It’s not clear to me how much of this is coming from explicit instructions from the DOJ to violate the rules or simply a climate of permissive lawlessness in which prosecutors start breaking the rules because they see their superiors doing the same.