{"id":131540,"date":"2025-08-20T23:03:03","date_gmt":"2025-08-21T07:03:03","guid":{"rendered":"https:\/\/xira.com\/p\/2025\/08\/20\/ed-martin-case-against-tish-james-so-bad-hes-begging-her-to-pretty-please-resign-so-it-looks-like-hes-done-something\/"},"modified":"2025-08-20T23:03:03","modified_gmt":"2025-08-21T07:03:03","slug":"ed-martin-case-against-tish-james-so-bad-hes-begging-her-to-pretty-please-resign-so-it-looks-like-hes-done-something","status":"publish","type":"post","link":"https:\/\/xira.com\/p\/2025\/08\/20\/ed-martin-case-against-tish-james-so-bad-hes-begging-her-to-pretty-please-resign-so-it-looks-like-hes-done-something\/","title":{"rendered":"Ed Martin Case Against Tish James So Bad, He\u2019s Begging Her To Pretty Please Resign So It Looks Like He\u2019s Done Something"},"content":{"rendered":"

Ed Martin expected to be the U.S. Attorney in D.C. in this administration. Unfortunately, even the Republican-controlled Senate found the January 6 cheerleader too irredeemably stupid to trust with safety scissors<\/a>, let alone one of the most important prosecutorial offices in the country. While Trump made up new rules to keep nominees like Alina Habba in office<\/a>, that wasn\u2019t political capital the president was willing to spend on Martin. And so Eagle Ed\u2019s tenure as interim U.S. Attorney closed and all he had to show for it was an ethical misconduct complaint<\/a> for using his position to drop charges against his own former client, a series of insane threats<\/a> against Democratic lawmakers, and a written record that he may not understand basic English grammar<\/a>.<\/p>\n

With this sterling resume, Trump pivoted and found a new job for Martin that, conveniently, didn\u2019t involve Senate confirmation! As head of the DOJ\u2019s unintentionally accurately named \u201cWeaponization Working Group,\u201d Martin has ignored the implied \u201canti-\u201d prefix and launched himself into efforts to punish Trump\u2019s personal grudges. In taking on the job, he even said the quiet part out loud, admitting that he planned to use the DOJ to harass the president\u2019s enemies even if there\u2019s no legal basis for it<\/a><\/em>. \u201cIf they can be charged, we\u2019ll charge them,\u201d Martin explained, correctly describing his job and the ethical rules governing the institution. \u201cBut if they can\u2019t be charged, we will name them\u2026 in a culture that respects shame, they should be people that are ashamed.\u201d<\/p>\n

Which is how blackmail works. <\/p>\n

Martin has predictably flopped on the first part, but relishes the second. One of his targets, New York AG Letitia James \u2014 whose sin was proving that the Trump Organization engaged in hundreds of millions of dollars worth of business fraud \u2014 recently found Martin dressed like Inspector Gadget outside her Brooklyn home<\/a>. Martin has opened a grand jury inquiry into James, suggesting she committed mortgage fraud. That\u2019s generally not a positive sign for a serious investigation. <\/p>\n

Nor is this\u2026<\/p>\n

\n
\n
\n

Ed Martin\u2019s latest stunt: pressuring someone he is criminally investigating to resign from public office \u201cas an act of good faith.\u201d<\/p>\n

\u2014 Anna Bower (@annabower.bsky.social)<\/a> 2025-08-19T23:11:50.846Z<\/a><\/p><\/blockquote>\n<\/div>\n<\/figure>\n

Abbe Lowell, representing James, had written Martin to chastise the bumbling prosecutor for playing amateur gumshoe outside the James home. Remember that this administration went bananas when the media pointed out that Kristi Noem lived in a publicly owned residence designated for a government official (though not Noem\u2026 she\u2019s just seized the Coast Guard chief\u2019s assigned house)? Apparently, taking pictures sufficient to identify a private building is fine if the official is a Democrat. Martin used the appearance as part of an exclusive story with the New York Post given that, as foreshadowed by his remarks, he knows he can\u2019t charge anyone, so he\u2019s desperate to make this a media circus.<\/p>\n

In a hit-dog-will-holler moment, Martin wrote back accusing Lowell of \u201cusing the media to argue [his] points,\u201d and demanding the lawyer \u201credouble\u201d efforts to keep letters from leaking. <\/p>\n

The letter was then leaked\u2026 probably by Martin\u2019s office. <\/p>\n

There is, of course, no reason why a potential defendant would have to keep a letter that they wrote<\/em> to the DOJ confidential. In ordinary times, the DOJ might try to keep the grand jury investigation confidential, but Martin has plastered its existence everywhere because, again, he understands that this is bogus and all a shaming exercise. But the target can do whatever they please. <\/p>\n

But this is the true coup de dumbass<\/em>: <\/p>\n

\n

At this time, Letitia James would best serve the \u201cgood of the state and nation\u201d by resigning from office to address the issues in the referral. Her resignation from office would give the people of New York and America more peace than proceeding. I would take this as an act of good faith.<\/p>\n<\/blockquote>\n

\u201cAw, be a pal and resign, eh?\u201d It\u2019s the apotheosis of the \u201cblackmail over law\u201d mentality. If a prosecutor believed someone committed mortgage fraud, the case isn\u2019t resolved by the offender resigning a wholly unrelated job. This is just a hustle. That he\u2019s now begging James to resign \u2014 without an indictment in hand, mind you \u2014 screams of comic desperation. It also underscores the strength of the Jack Smith cases against Trump. Lengthy, non-public investigations to respect the defendant\u2019s rights, real warrants, an indictment\u2026 it\u2019s just a lot easier to get a prosecution going when the target, you know, actually committed crimes<\/em>. Martin\u2019s not enjoying the same succeess.<\/p>\n

As they say, \u201cwhen people tell you who they are, trust them.\u201d Martin declared from the outset of his new role that he intended to use the Justice Department to harass people who didn\u2019t commit crimes. He\u2019s done it. And he\u2019s going to continue to do it, even after Lowell tells him to pound sand and the grand jury refuses to indict James. Martin will continue taking abusing the DOJ for petty vengeance kicks unless something is done to change his calculus.<\/p>\n

Here\u2019s a fun project for Democratic hopefuls: promise to waive qualified immunity for cases against Trump DOJ officials. Pledge that, if elected, those targeted by Martin\u2019s nonsense can bring claims against him for violating their rights. These weaponization projects depend on sniveling rats like Martin hiding behind qualified immunity to shield their official abuses from accountability. <\/p>\n

Presidents, theoretically, can\u2019t do this. Qualified immunity is a scrivener\u2019s error<\/a>, but to the extent it carries legal weight, it\u2019s a statutory defense recognized by the courts. But, hey, I hear it\u2019s all the rage to assert that \u201cArticle II\u201d means the president wields complete discretionary authority over the management of the executive branch! To the extent qualified immunity is justified at all, it\u2019s based on the idea that the law enforcement mission needs the benefit of the doubt to make mistakes from time to time \u2014 that sounds like a benefit the DOJ as an institution should have the power to exercise\u2026 or not. The future Democratic administration doesn\u2019t get involved in going after Trump officials, they just stay out of the way as individual victims of the administration pursue civil cases. <\/p>\n

Perhaps a futile threat that the courts would ultimately reject. But Martin\u2019s whole project is based on the idea that the threat of a lengthy, expensive, if ultimately fruitless case is a risk in itself. Maybe it could shame Martin into dampening his zeal for these frivolous legal threats.<\/p>\n

Though it would depend on Martin being smart enough to understand the risks, and there\u2019s not much evidence backing that up so far.<\/p>\n

Earlier<\/strong>: Ed Martin Pledges To Use DOJ To Harass People He Can\u2019t Actually Prosecute<\/a>
Trump Dumps Ed Martin In Favor Of \u2018Shit Sandwich Senate Will Eat\u2019<\/a>
Interim DC US Attorney Earns First Professional Misconduct Complaint On The New Job<\/a>
Trump US Attorney Doesn\u2019t Understand Constitution, Basic Grammar<\/a><\/p>\n

\n

\"Headshot\"Joe Patrice<\/a>\u00a0is a senior editor at Above the Law and co-host of Thinking Like A Lawyer<\/a>. Feel free to\u00a0email<\/a> any tips, questions, or comments. Follow him on\u00a0Twitter<\/a>\u00a0or Bluesky<\/a> if you\u2019re interested in law, politics, and a healthy dose of college sports news. Joe also serves as a Managing Director at RPN Executive Search<\/a>.<\/em><\/strong><\/p>\n

The post Ed Martin Case Against Tish James So Bad, He\u2019s Begging Her To Pretty Please Resign So It Looks Like He\u2019s Done Something<\/a> appeared first on Above the Law<\/a>.<\/p>\n

Ed Martin expected to be the U.S. Attorney in D.C. in this administration. Unfortunately, even the Republican-controlled Senate found the January 6 cheerleader too irredeemably stupid to trust with safety scissors<\/a>, let alone one of the most important prosecutorial offices in the country. While Trump made up new rules to keep nominees like Alina Habba in office<\/a>, that wasn\u2019t political capital the president was willing to spend on Martin. And so Eagle Ed\u2019s tenure as interim U.S. Attorney closed and all he had to show for it was an ethical misconduct complaint<\/a> for using his position to drop charges against his own former client, a series of insane threats<\/a> against Democratic lawmakers, and a written record that he may not understand basic English grammar<\/a>.<\/p>\n

With this sterling resume, Trump pivoted and found a new job for Martin that, conveniently, didn\u2019t involve Senate confirmation! As head of the DOJ\u2019s unintentionally accurately named \u201cWeaponization Working Group,\u201d Martin has ignored the implied \u201canti-\u201d prefix and launched himself into efforts to punish Trump\u2019s personal grudges. In taking on the job, he even said the quiet part out loud, admitting that he planned to use the DOJ to harass the president\u2019s enemies even if there\u2019s no legal basis for it<\/a><\/em>. \u201cIf they can be charged, we\u2019ll charge them,\u201d Martin explained, correctly describing his job and the ethical rules governing the institution. \u201cBut if they can\u2019t be charged, we will name them\u2026 in a culture that respects shame, they should be people that are ashamed.\u201d<\/p>\n

Which is how blackmail works. <\/p>\n

Martin has predictably flopped on the first part, but relishes the second. One of his targets, New York AG Letitia James \u2014 whose sin was proving that the Trump Organization engaged in hundreds of millions of dollars worth of business fraud \u2014 recently found Martin dressed like Inspector Gadget outside her Brooklyn home<\/a>. Martin has opened a grand jury inquiry into James, suggesting she committed mortgage fraud. That\u2019s generally not a positive sign for a serious investigation. <\/p>\n

Nor is this\u2026<\/p>\n

\n
\n
\n

Ed Martin\u2019s latest stunt: pressuring someone he is criminally investigating to resign from public office \u201cas an act of good faith.\u201d<\/p>\n

\u2014 Anna Bower (@annabower.bsky.social)<\/a> 2025-08-19T23:11:50.846Z<\/a><\/p><\/blockquote>\n<\/div>\n<\/figure>\n

Abbe Lowell, representing James, had written Martin to chastise the bumbling prosecutor for playing amateur gumshoe outside the James home. Remember that this administration went bananas when the media pointed out that Kristi Noem lived in a publicly owned residence designated for a government official (though not Noem\u2026 she\u2019s just seized the Coast Guard chief\u2019s assigned house)? Apparently, taking pictures sufficient to identify a private building is fine if the official is a Democrat. Martin used the appearance as part of an exclusive story with the New York Post given that, as foreshadowed by his remarks, he knows he can\u2019t charge anyone, so he\u2019s desperate to make this a media circus.<\/p>\n

In a hit-dog-will-holler moment, Martin wrote back accusing Lowell of \u201cusing the media to argue [his] points,\u201d and demanding the lawyer \u201credouble\u201d efforts to keep letters from leaking. <\/p>\n

The letter was then leaked\u2026 probably by Martin\u2019s office. <\/p>\n

There is, of course, no reason why a potential defendant would have to keep a letter that they wrote<\/em> to the DOJ confidential. In ordinary times, the DOJ might try to keep the grand jury investigation confidential, but Martin has plastered its existence everywhere because, again, he understands that this is bogus and all a shaming exercise. But the target can do whatever they please. <\/p>\n

But this is the true coup de dumbass<\/em>: <\/p>\n

\n

At this time, Letitia James would best serve the \u201cgood of the state and nation\u201d by resigning from office to address the issues in the referral. Her resignation from office would give the people of New York and America more peace than proceeding. I would take this as an act of good faith.<\/p>\n<\/blockquote>\n

\u201cAw, be a pal and resign, eh?\u201d It\u2019s the apotheosis of the \u201cblackmail over law\u201d mentality. If a prosecutor believed someone committed mortgage fraud, the case isn\u2019t resolved by the offender resigning a wholly unrelated job. This is just a hustle. That he\u2019s now begging James to resign \u2014 without an indictment in hand, mind you \u2014 screams of comic desperation. It also underscores the strength of the Jack Smith cases against Trump. Lengthy, non-public investigations to respect the defendant\u2019s rights, real warrants, an indictment\u2026 it\u2019s just a lot easier to get a prosecution going when the target, you know, actually committed crimes<\/em>. Martin\u2019s not enjoying the same succeess.<\/p>\n

As they say, \u201cwhen people tell you who they are, trust them.\u201d Martin declared from the outset of his new role that he intended to use the Justice Department to harass people who didn\u2019t commit crimes. He\u2019s done it. And he\u2019s going to continue to do it, even after Lowell tells him to pound sand and the grand jury refuses to indict James. Martin will continue taking abusing the DOJ for petty vengeance kicks unless something is done to change his calculus.<\/p>\n

Here\u2019s a fun project for Democratic hopefuls: promise to waive qualified immunity for cases against Trump DOJ officials. Pledge that, if elected, those targeted by Martin\u2019s nonsense can bring claims against him for violating their rights. These weaponization projects depend on sniveling rats like Martin hiding behind qualified immunity to shield their official abuses from accountability. <\/p>\n

Presidents, theoretically, can\u2019t do this. Qualified immunity is a scrivener\u2019s error<\/a>, but to the extent it carries legal weight, it\u2019s a statutory defense recognized by the courts. But, hey, I hear it\u2019s all the rage to assert that \u201cArticle II\u201d means the president wields complete discretionary authority over the management of the executive branch! To the extent qualified immunity is justified at all, it\u2019s based on the idea that the law enforcement mission needs the benefit of the doubt to make mistakes from time to time \u2014 that sounds like a benefit the DOJ as an institution should have the power to exercise\u2026 or not. The future Democratic administration doesn\u2019t get involved in going after Trump officials, they just stay out of the way as individual victims of the administration pursue civil cases. <\/p>\n

Perhaps a futile threat that the courts would ultimately reject. But Martin\u2019s whole project is based on the idea that the threat of a lengthy, expensive, if ultimately fruitless case is a risk in itself. Maybe it could shame Martin into dampening his zeal for these frivolous legal threats.<\/p>\n

Though it would depend on Martin being smart enough to understand the risks, and there\u2019s not much evidence backing that up so far.<\/p>\n

Earlier<\/strong>: Ed Martin Pledges To Use DOJ To Harass People He Can\u2019t Actually Prosecute<\/a>
Trump Dumps Ed Martin In Favor Of \u2018Shit Sandwich Senate Will Eat\u2019<\/a>
Interim DC US Attorney Earns First Professional Misconduct Complaint On The New Job<\/a>
Trump US Attorney Doesn\u2019t Understand Constitution, Basic Grammar<\/a><\/p>\n

\n

\"Headshot\"Joe Patrice<\/a>\u00a0is a senior editor at Above the Law and co-host of Thinking Like A Lawyer<\/a>. Feel free to\u00a0email<\/a> any tips, questions, or comments. Follow him on\u00a0Twitter<\/a>\u00a0or Bluesky<\/a> if you\u2019re interested in law, politics, and a healthy dose of college sports news. Joe also serves as a Managing Director at RPN Executive Search<\/a>.<\/em><\/strong><\/p>\n

The post Ed Martin Case Against Tish James So Bad, He\u2019s Begging Her To Pretty Please Resign So It Looks Like He\u2019s Done Something<\/a> appeared first on Above the Law<\/a>.<\/p>\n","protected":false},"excerpt":{"rendered":"

Ed Martin expected to be the U.S. Attorney in D.C. in this administration. Unfortunately, even the Republican-controlled Senate found the January 6 cheerleader too irredeemably stupid to trust with safety scissors, let alone one of the most important prosecutorial offices in the country. While Trump made up new rules to keep nominees like Alina Habba […]<\/p>\n","protected":false},"author":3,"featured_media":131320,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"_et_pb_use_builder":"","_et_pb_old_content":"","_et_gb_content_width":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[16],"tags":[],"class_list":["post-131540","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-above_the_law"],"jetpack_featured_media_url":"https:\/\/i0.wp.com\/xira.com\/p\/wp-content\/uploads\/2025\/08\/Headshot-300x200-Yf8Ffn.jpg?fit=300%2C200&ssl=1","jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/posts\/131540","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/comments?post=131540"}],"version-history":[{"count":0,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/posts\/131540\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/media\/131320"}],"wp:attachment":[{"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/media?parent=131540"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/categories?post=131540"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/tags?post=131540"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}