My
reason is simple: I no longer can bear to be restrained by what judges
can say publicly or do outside the courtroom. President Donald Trump is
using the law for partisan purposes, targeting his adversaries while
sparing his friends and donors from investigation, prosecution, and
possible punishment. This is contrary to everything that I have stood
for in my more than 50 years in the Department of Justice and on the
bench. The White House’s assault on the rule of law is so deeply
disturbing to me that I feel compelled to speak out. Silence, for me, is
now intolerable.
When
I accepted the nomination to serve on the U.S. District Court in
Massachusetts, I took pride in becoming part of a federal judiciary that
works to make our country’s ideal of equal justice under law a reality.
A judiciary that helps protect our democracy. That has the authority
and responsibility to hold elected officials to the limits of the power
delegated to them by the people. That strives to ensure that the rights
of minority groups, no matter how they are viewed by others, are
not violated. That can serve as a check on corruption to prevent public
officials from unlawfully enriching themselves. Becoming a federal judge
was an ideal opportunity to extend a noble tradition that I had been
educated by experience to treasure.
My public service began
in 1974, near the end of Richard Nixon’s presidency, at a time of
dishonor for the Department of Justice. Nixon’s first attorney general,
John Mitchell, who had also been the president’s campaign manager, later
went to prison
for his role in the break-in at the Democratic headquarters at the
Watergate complex and for perjury in attempting to cover up that crime.
His successor, Richard Kleindienst, was convicted of contempt of
Congress for lying about the fact that, as instructed by the president,
he’d ended an antitrust investigation
of a major company after it pledged to make a $400,000 contribution to
the Republican National Convention. The Justice Department was also
discredited by revelations that FBI Director J. Edgar Hoover had
obtained and disseminated derogatory information about political
adversaries, including Martin Luther King Jr.
I
joined the Department of Justice as a special assistant to the honest
and able Deputy Attorney General Laurence Silberman. Soon after, in
1975, President Gerald Ford named Edward Levi as attorney general to
restore confidence in the integrity of the department. Levi, then the
president of the University of Chicago, had a well-deserved reputation for brilliance, honesty, and nonpartisanship. Ford told Levi that he wanted the attorney general to “protect the rights of American citizens, not the President who appointed him.”
David Frum: The Trump presidency’s world-historical heist
I organized Levi’s induction ceremony and was there when he declared
that “nothing can more weaken the quality of life or more imperil the
realization of the goals we all hold dear than our failure to make clear
by word and deed that our law is not an instrument of partisan
purpose.” For the next two years I served as one of Levi’s special
assistants, working closely with a man who was always faithful to this
principle.
With
Levi as my model, in 1981 I became the deputy United States attorney
and chief federal prosecutor of public corruption in Massachusetts. In
about four years, my assistants and I won more than 40 consecutive
corruption cases. Many convictions were of defendants close to the
powerful mayor of Boston at the time. As a result, I received the
Attorney General’s Distinguished Service Award and was appointed a
federal judge.
Some
of the cases over which I presided as judge involved corruption and
were highly publicized. Most notable was the prosecution of the
notorious Boston mobsters James “Whitey” Bulger and Stephen “the
Rifleman” Flemmi. Both, it turned out, were also FBI informants. Agents
in the bureau, I discovered, were involved in crimes and egregious
misconduct, including murders committed by Bulger and Flemmi. I wrote a
661-page decision detailing my findings. This led to orders that the
government pay more than $100 million
to the families of people murdered by informants whom the FBI had
improperly protected. Their FBI handler was convicted twice and
sentenced to serve a total of 50 years in prison.
I
also presided over a six-week trial of a former speaker of the
Massachusetts House of Representatives. After he was convicted of
demanding and accepting bribes, I sentenced him to serve eight years in prison.
I
decided all of my cases based on the facts and the law, without regard
to politics, popularity, or my personal preferences. That is how justice
is supposed to be administered—equally for everyone, without fear or favor. This is the opposite of what is happening now.
As I watched in dismay and disgust from my position on the bench, I came to feel deeply uncomfortable operating under the necessary ethical rules
that muzzle judges’ public statements and restrict their activities.
Day after day, I observed in silence as President Trump, his aides, and
his allies dismantled so much of what I dedicated my life to.
When
I became a senior judge in 2013, my successor was appointed, so my
resignation will not create a vacancy to be filled by the president. My
colleagues on the United States District Court in Massachusetts and
judges on the lower federal courts throughout the country are admirably
deciding a variety of cases generated by Trump’s many executive orders
and other unprecedented actions. However, the Supreme Court has
repeatedly removed the temporary restraints
imposed on those actions by lower courts in deciding emergency motions
on its “shadow docket” with little, if any, explanation. I doubt that if
I remained a judge I would fare any better than my colleagues.
Others who have held positions of authority, including former federal judges
and ambassadors, have been opposing this government’s efforts to
undermine the principled, impartial administration of justice and
distort the free and fair functioning of American democracy. They have
urged me to work with them. As much as I have treasured being a judge, I
can now think of nothing more important than joining them, and doing
everything in my power to combat today’s existential threat to democracy
and the rule of law.
What
Nixon did episodically and covertly, knowing it was illegal or
improper, Trump now does routinely and overtly. Prosecutorial decisions
during this administration are a prime example. Because even a
prosecution that ends in an acquittal can have devastating consequences
for the defendant, as a matter of fairness Justice Department guidelines
instruct prosecutors not to seek an indictment unless they believe
there is sufficient admissible evidence to prove guilt beyond a
reasonable doubt.
Trump has utterly ignored this principle. In a social-media post,
he instructed Attorney General Pam Bondi to seek indictments against
three political adversaries even though the officials in charge of the
investigations at the time saw no proper basis for doing so. It has been
reported
that New York Attorney General Letitia James was prosecuted for
mortgage fraud after Deputy Attorney General Todd Blanche, one of Donald
Trump’s former criminal-defense lawyers, questioned the legal viability
of bringing charges against James. Former FBI Director James Comey was
charged after the interim U.S. attorney who had been appointed by Trump refused to seek an indictment and was forced to resign. Senator Adam Schiff, the third target of Trump’s social-media post, has yet to be charged.
Trump
is also dismantling the offices that could and should investigate
possible corruption by him and those in his orbit. Soon after he was
inaugurated, Trump fired,
possibly unlawfully, 18 inspectors general who were responsible for
detecting and deterring fraud and misconduct in major federal agencies.
The FBI’s public-corruption squad also has been eliminated. The
Department of Justice’s public-integrity section has been eviscerated, reduced from 30 lawyers to only five, and its authority to investigate election fraud has been revoked.
The
Department of Justice has evidently chosen to ignore matters it would
in the past have likely investigated. Some directly involve the
president. It has been reported
that at a lavish April 2024 dinner at Mar-a-Lago, after executives from
major oil companies complained about how the Biden administration’s
environmental regulations were hurting their businesses, Trump said that
if they raised $1 billion for his campaign he would promptly reverse
those rules and policies. The executives raised the money, and Trump
delivered on his promise. The law may be unclear
concerning whether Trump himself could have been charged with
conspiracy to bribe a public official or honest-services fraud. In
addition, Trump himself may have immunity
from prosecution if similar payments for his benefit continued after he
became president. However, the companies that made the payments, and
the individuals acting for them, could possibly be prosecuted. There is
no public indication that this matter has been investigated by Trump’s
Department of Justice.
As
a prosecutor and judge I dealt seriously with the unlawful influence of
money on official decisions. However, Trump and his administration
evidently do not share this approach. After Trump launched his own
cryptocurrency, $TRUMP, his Department of Justice disbanded
its cryptocurrency-enforcement unit. The top 220 buyers of Trump’s
cryptocurrency were invited to a dinner with Trump. Sixty-seven of them
had invested more than $1 million.
The top spender, Justin Sun, who was born in China and is a foreign
national, reportedly spent more than $10 million. Sun also reportedly
spent $75 million
on investments issued by a crypto company controlled by Trump’s family.
It is illegal for people who are not U.S. citizens to donate to
American political candidates, and the most that anyone can donate
directly to one candidate is $3,500.
Ordinarily, the Department of Justice would investigate this sort of
situation. There is, however, no indication that any investigation has
occurred. Rather, a few months after Sun started purchasing tokens from
the Trump-family cryptocurrency company, the Securities and Exchange
Commission paused its fraud suit against Sun and his companies pending the outcome of settlement negotiations. (Sun and his companies have denied any wrongdoing.)
Trump
is not the only member of his administration whose conduct is
apparently shielded from investigation. In September of last year, Tom
Homan, who became Trump’s “border czar,” reportedly
was recorded accepting $50,000 in cash in return for a promise to use
his potential future public position to benefit a company seeking
government contracts. The FBI had created the fictitious company as part
of an undercover investigation. Typically, an investigation of that
sort would have continued after Homan became a Department of Homeland
Security official, with the FBI seeking any additional evidence of
bribery. However, after Trump took office, the investigation was shut
down, with the White House claiming there was no “credible evidence” of
criminal wrongdoing. Weeks after the FBI investigation was reported,
Homan denied taking $50,000 “from anybody” and has said he did “nothing criminal.” An honest investigation could reveal who is telling the truth.
There
is also the matter of Trump’s executive orders. A good number are, in
my opinion, unconstitutional or otherwise illegal. For example, contrary
to the express language of the Fourteenth Amendment, one order declares
that not everyone born in this country is a U.S. citizen. Trump’s
administration also has deported
undocumented immigrants without due process, in many cases to countries
where they have no connections and will be in great danger. Although
many federal judges have issued orders restraining the government’s
effort to implement those executive orders, some appear to have been disobeyed by members of the Trump administration. Trump has responded by calling for federal judges to be impeached, even though the Constitution permits impeachment only for “high crimes and misdemeanors,” such as treason and bribery.
From the December 2025 issue: President for life
Trump’s
angry attacks on the courts have coincided with an unprecedented number
of serious threats against judges. There were nearly 200 from March to
late May 2025 alone. These included
credible death threats, hundreds of vitriolic phone calls, and
anonymous, unsolicited pizza deliveries falsely made in the name of the
son of a federal judge, who was murdered in the judge’s home in 2020 by a
disgruntled lawyer.
Over
the past 35 years I have spoken in many countries about the role of
American judges in safeguarding democracy, protecting human rights, and
combating corruption. Many of these countries—including Russia, China,
and Turkey—are ruled by corrupt leaders who rank among the worst abusers
of human rights. These kleptocrats jail their political opponents,
suppress independent media that could expose their wrongdoing, forbid
free speech, punish peaceful protests, and frustrate every effort to
establish an independent, impartial judiciary that could constrain these
abuses. These kleptocrats have impunity in their countries because they
control the police, prosecutors, and courts.
In my work around
the world, I have made many friends, young and old, who have been
inspired by the example of American judges, lawyers, and citizens. They
have suffered greatly for trying to make their countries more like ours.
Among them are impartial judges who have been imprisoned in Turkey, a
brilliant young Russian lawyer who was alleged to be a spy and forced
into exile, and a Venezuelan law student who almost lost sight in one
eye while protesting his country’s oppressive government. They
courageously share what have historically been our nation’s convictions.
These brave people inspire me.
I
resigned in order to speak out, support litigation, and work with other
individuals and organizations dedicated to protecting the rule of law
and American democracy. I also intend to advocate for the judges who
cannot speak publicly for themselves.
I cannot be confident that I will make a difference. I am reminded, however, of what Senator Robert F. Kennedy said
in 1966 about ending apartheid in South Africa: “Each time a man stands
up for an ideal, or acts to improve the lot of others, or strikes out
against injustice, he sends forth a tiny ripple of hope.” Enough of
these ripples can become a tidal wave.
And as Nobel Laureate Seamus Heaney wrote,
sometimes the “longed-for tidal wave of justice can rise up, and hope
and history rhyme.” I want to do all that I can to make this such a
time.