“No matter what” and the U.S. Attorney for D.C.

“No matter what.”

These are chilling words to hear from any law enforcement official.  After all, given the enormous stakes involved in a criminal prosecution, restraint has to be the operative word.

It is thus particularly concerning when these words are uttered by the chief federal law enforcement official for the nation’s capital and when the words are targeted at specific groups — Antifa and Black Lives Matter — without any evidence of those groups’ involvement in the criminal activity in question.

The new U.S. Attorney for D.C., Edward R. Martin, used these three words in his open letter to Elon Musk pledging to protect members of Musk’s Department of Government Efficiency (DOGE) staff. 

It is not just that Martin’s emails and letters have been full of typographical and grammatical errors. 

It is not just that Martin uses racially-tinged language in the letter like “thugs with gun.”  We know who he is talking about. 

It is not just that Martin has never even worked as a prosecutor or headed any organization other than his small law firm, much less an organization as large and with as much power as the U.S. Attorney’s Office for the District.

In this respect, Martin is just like Jeffrey Clark.  Clark was the bland, mid-level bureaucrat who was almost promoted to U.S. Attorney General during the first Trump Administration because of his willingness to do Trump’s bidding when saner minds balked. 

It is not just that Martin was physically present at the J6 insurrection and likened it to the fun at Mardi Gras. 

It is not just that Martin feels the need to ingratiate himself publicly with the unelected and “Heil Hitler” saluting Elon Musk.  Yes, Mr. Martin, we know you want to impress Donald Trump.  We know you want the job on a permanent basis.  But where is your self-respect?

No.  It is not just those things.

It is also that he specifically cites two groups – Antifa and Black Lives Matter – without any evidence that either group was involved in the activities in question. 

This would be a major “no-no” for any prosecutor concerned about accusations of selective prosecution.   And, as far as I know, the only people accused of threatening Musk’s people are disgruntled federal employees and the Members of Congress who support them. 

And, most importantly, it is that Martin concludes his letter with those three words: “No matter what.”

The “what” in this statement can only be read to include people’s constitutional protections. 

As one of my colleagues has put it:  “Insurrection Ed is a selective prosecution appeal just waiting to be filed.”