So much Team Trump criming, so little time to cover it all on today’s BradCast. But we try. [Audio link to full show follows this summary.]
Over the weekend, MSNBC broke the news, followed by confirmation from New York Times, that Donald Trump‘s so-called ‘Border Czar’, Tom Homan, was caught on tape last September accepting $50,000 in cash — in a takeout food bag — from undercover law enforcement officials posing as businessmen. The sting came about after the target of a separate corruption probe tipped off officials that Homan was accepting bribes in exchange for lucrative border security contracts in a new Trump administration, presuming he won last year’s election.
After Trump took office, he tapped Homan to oversee his mass deportation of migrants, a scheme that, they had promised, would focus on removing “the worst of the worst” criminals. Instead, the majority of deportees have no criminal record, but the guy running the program has apparently been caught on tape accepting a cash payoff before returning to office.
The investigation into Homan, which reportedly began in the summer of 2024 under the Biden Administration’s DOJ, was summarily closed after Trump returned to power by Trump’s former criminal defense attorney turned Deputy Attorney General, Todd Blanche, and his FBI Director, Kash Patel. One of Trump’s other personal attorneys, Emil Bove, who served as a top DOJ official until recently being confirmed by Republicans in the U.S. Senate as a federal judge, also reportedly had a hand in shutting down the probe of Homan.
A DOJ spokesperson described the investigation as “blatantly political” and an effort to target “President Trump’s allies rather than investigate real criminals and the millions of illegal aliens who flooded our country,” claiming the investigation “found no evidence of illegal activity.”
Over the same weekend that story broke, Trump sent what appears to have been meant as a private message to his Attorney General Pam Bondi, effectively ordering her to bring criminal charges against three of his top political foes, New York Attorney General Letitia James, former FBI Director James Comey, and California U.S. Senator Adam Schiff. The message addressed to “Pam”, seemingly meant to be private, was instead posted publicly by Trump on his own failing social media website.
We’re joined today for insight on all of this by RANDALL D. ELIASON, former chief of the DOJ’s Fraud and Public Corruption Section at the U.S. Attorney Office in the District of Columbia. He now teaches white collar crime at George Washington University Law School and pens the Sidebars Blog newsletter.
Is there any reason to believe the DOJ and FBI were right to drop the bribery probe against Homan, in which it seems he was caught dead to rights taking a cash bribe according to multiple reports?
“It’s really impossible to know without knowing exactly what’s on the tape. It would all come down to what he said and what he agreed to do in exchange for the cash,” Eliason tells me today. “But I will say that accepting $50,000 in cash in a fast-food bag is kind of an indication of corrupt intent, that the recipient knows something shady is going on. So you’ve got to say at a bare minimum, there’s a substantial basis to conduct additional investigation.” Reportedly, that’s exactly what DOJ was doing until Team Trump shut it all down.
“This line coming out from the White House and the DOJ that there was no evidence of any criminal wrongdoing, that doesn’t hold water,” he argues. “There’s clearly something fishy going on here when you’re taking fifty grand in cash in a Cava food bag. So there’s certainly some smoke there.” But, he further explains, “the Supreme Court has made the federal bribery statute so narrow” there are a number of ways Homan could get off the hook. Of course, the fastest way is to have friends at the DOJ willing to corruptly dismiss the entire matter.
We discuss that in detail, along with what Eliason describes as an extraordinary break from decades of norms and tradition with Trump’s “private” message to his A.G. regarding bringing charges against his perceived political foes.
“Trump sees the Justice Department as a tool that he can use to punish his enemies and reward his friends,” charges Eliason. “And this historical, very important norm that politics is kept separated, that the Justice Department is kept independent from the White House because we don’t want politics to influence criminal investigations and criminal prosecutions, has just been flipped completely on its head and thrown out the window. It doesn’t exist anymore under this administration.”
“He is trying to use the Justice Department to go after his political opponents. And he also uses it to reward his friends. Whether it’s Homan, or [Mayor] Eric Adams in New York City, or all the January 6 rioters, pardoning all of them. It’s one of the most discouraging things that is happening in this administration — the complete gutting of the law.”
“This is really scary stuff,” adds Eliason. “This idea that the President can order a prosecutor to bring criminal charges, and if he doesn’t, he’ll fire you and put someone in place who will. It’s unthinkable to anyone who has worked as a federal prosecutor. It’s directly contradictory to the mission and ethical obligations of a federal prosecutor. It would have been completely unheard of before now.”
It is all of a piece, he explains, with “many things that are going on at the Justice Department that just breaks the hearts of those of us who worked there and love it.”
Finally, breaking news just before airtime today on Trump’s FCC Chairman Brendan Carr‘s outrageous threat last week against Disney/ABC and their affiliate stations to take away their broadcast licenses unless they cancel Jimmy Kimmel‘s late night show after comments Kimmel made that they didn’t care for regarding the recent murder of Republican activist Charlie Kirk. After enormous public blowback against Disney following last week’s “indefinite suspension” of Jimmy Kimmel LIve, news broke late today that Kimmel will now be returning to air as of Tuesday night. Looks like public pressure, a torrent of cancelled Disney+ subscriptions and the U.S. Constitution’s First Amendment may have won this round, at least partly…at least for now. Since getting off air, Sinclair Broadcasting, a rightwing outlet that owns more than 35 ABC affiliate stations and is seeking favors from the FCC, has announced they plan to air news programming instead of Kimmel’s show beginning on Tuesday night…
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