Mother Jones
Joe diGenova: The Right Pick for Trump’s Bogus “Grand Conspiracy” Case
A version of the below article first appeared in David Corn’s newsletter, Our Land_. The newsletter comes out twice a week (most of the time) and provides behind-the-scenes stories and articles about politics, media, and culture. Subscribing costs just $5 a month—but you can sign up for a free 30-day trial._
In what might be the ultimate encapsulation of Donald Trump’s disgraceful perversion of the Justice Department, the acting attorney general (Trump’s former personal defense lawyer) has selected an conspiracy theory peddler and election denier—who was part of a group that colluded with Russian intelligence to smear Joe Biden and who was deplatformed by Fox News for making an antisemitic comment—to run a baseless and biased criminal investigation that seeks to serve Trump’s revenge fantasy.
Last week, Joe diGenova, a former US attorney, was sworn in as a counselor to acting AG Todd Blanche and handed the mission of overseeing a probe being run out of the Miami US attorney’s office that aims to prove that Trump was the victim of what right-wing influencers call the “grand conspiracy” to destroy him. This alleged Deep State uber-plot encompassed the individual investigations that targeted Trump, including the Russia investigation and special counsel Jack Smith’s investigations of his alleged pilfering of top-secret White House documents and his efforts to overturn the 2020 election. Under this theory, these inquiries were not separate matters but each a component of a years-long clandestine scheme pursued by a nefarious cabal of government officials to persecute Trump and deprive him of his constitutional rights.
The grand conspiracy case was first launched last year as an investigation of former CIA chief John Brennan for testimony he gave years ago to Congress about the Russia investigation. This probe was triggered by a stunt pulled by Director of National Intelligence Tulsi Gabbard, who in July declassified and released documents that she falsely claimed showed that Obama administration officials at the end of 2016 fabricated the intelligence community’s finding that Russia intervened in that year’s presidential election to assist Trump.
Initially, Trump’s Justice Department focused on whether Brennan had misled Congress about one aspect of the process that led to that conclusion. But this case was so weak that US attorneys in the Eastern District of Pennsylvania and in the Eastern District of Virginia couldn’t pull together a prosecution. With Trump pressing the Justice Department to lock up his perceived enemies, the matter was shifted to Jason Reding Quiñones, the US attorney in Miami and an ardent Trump loyalist. He eagerly took it on.
The goal: show trials for Brennan and other Obama and Biden officials, such as former FBI director Jim Comey, former DNI James Clapper, Hillary Clinton, and perhaps even Barack Obama and Joe Biden.
In November, Reding Quiñones zapped out subpoenas to Brennan and more than two dozen former intelligence officials who had toiled on the Russia investigation. Working with Mike Davis, a former Senate staffer and informal Trump adviser (who had publicly vowed to get even with former officials who had investigated Trump), he has sought to expand the case far beyond Brennan’s testimony to Congress to cover just about all of Trump’s grievances. The goal: show trials for Brennan and other Obama and Biden officials, such as former FBI director Jim Comey, former DNI James Clapper, Hillary Clinton, and perhaps even Barack Obama and Joe Biden.
After the Justice Department’s failed attempt to prosecute Comey—which might be revived— Reding Quiñones’ investigation has become the ground zero of Trump’s crusade of vengeance. Not surprisingly, it’s been marred so far by irregularities and signs of significant bias. Reding Quiñones called for a second grand jury to be set up for this investigation in the Fort Pierce courthouse, which is 130 miles from Miami but under the supervision of federal Judge Aileen Cannon, who issued a series of controversial and highly favorable rulings for Trump in the stolen-papers case. (Brennan’s lawyer protested this unusual move.) And earlier this month, a senior career federal prosecutor withdrew from the investigation, expressing concerns about the case’s legal viability.
Enter diGenova. In hailing his appointment, the Justice Department proclaimed that the 81-year-old former prosecutor has had a “distinguished career.” And he once boasted a decent reputation in Washington as a no-nonsense and savvy Republican. But in the Trump years, he has become a highly partisan purveyor of conspiracy theories and disinformation—a right-wing crank.
Prior to partnering up with Giuliani for this smear crusade, diGenova was a prominent Russia denier, who excoriated the Trump-Russia investigation as a “hoax” and insisted that “people should be put in jail for this.”
During the 2020 campaign, diGenova and his wife and fellow attorney, Victoria Toensing, were part of the small group Rudy Giuliani assembled to dig up dirt on Joe Biden and promote the false story that Biden, when he was vice president, forced the firing of a Ukrainian prosecutor to kill an investigation of Burisma Holdings, an energy firm that recruited Biden’s son Hunter for a well-compensated spot on its board of directors. (Biden had indeed pressured Kyiv to get rid of this prosecutor, but so had many European governments, as well as a bipartisan group of US senators, for he was widely reputed to be corrupt. At that time, there was no investigation of Burisma.)
Prior to partnering up with Giuliani for this smear crusade, diGenova was a prominent Russia denier, who excoriated the Trump-Russia investigation as a “hoax” and insisted that “people should be put in jail for this.” He claimed that a “group of FBI and DOJ people were trying to frame Donald Trump of a falsely created crime.” In a speech, he called Comey a “dirty cop.” At one point, he and Toensing nearly joined Trump’s legal team, but the pair didn’t come aboard due to potential conflicts of interest.
As part of Giuliani’s squad, diGenova worked with Ukrainians who were making unsubstantiated allegations about Biden that were debunked. He and Toensing also represented right-wing journalist John Solomon, another member of Giuliani’s hit team, who was promoting spurious allegations about purported Biden corruption in Ukraine. Appearing on Fox News, diGenova accused Biden and his family of engaging in “bribery and extortion”—offering no proof. He blamed Ukrainian officials for somehow triggering the Russia investigation. At times, he sounded like an extremist nutter. On Laura Ingraham’s podcast, he blasted the media and Democrats and said, “We are in a civil war in this country…It’s going to be total war. And as I say to my friends, I do two things: I vote and I buy guns.”
This meant that Giuliani’s get-Biden operation—of which diGenova was a key participant—had been in league with Russian intelligence in spreading bullshit allegations about Biden.
While looking for dirt on Biden, diGenova and his wife ended up working for a Ukrainian oligarch who had been indicted by the Justice Department for allegedly scheming to bribe officials in India. Giuliani was hoping this Ukrainian businessman could help unearth derogatory information on Biden. A Justice Department filing in the case identified the oligarch, who denied the charges and was fighting extradition to the United States, as an “upper-echelon [associate] of Russian organized crime.” Oddly, the Ukrainian prosecutor who had been fired at Biden’s insistence filed an affidavit in the oligarch’s extradition case claiming that Biden had “manipulated” the Ukrainian government and “forced” him out of his job. Giuliani used this affidavit to hype the case against Biden.
The Giuliani group even had a direct connection to Moscow. During his frantic chase for negative information about Biden, Giuliani joined forces with Andriy Derkach, a pro-Russia Ukrainian legislator who claimed to have evidence of Biden corruption in Ukraine. He didn’t, and Derkach was far from a public interest–minded legislator. In the summer of 2020, Trump’s own Treasury Department sanctioned him, calling Derkach a “Russian agent for over a decade.” It noted that he had “waged a covert influence campaign centered on cultivating false and unsubstantiated narratives concerning US officials in the upcoming 2020 Presidential Election”—meaning Biden. The department noted, “Derkach’s unsubstantiated narratives were pushed in Western media through coverage of press conferences and other news events, including interviews and statements.”
This meant that Giuliani’s get-Biden operation—of which diGenova was a key participant—had been in league with Russian intelligence in spreading bullshit allegations about Biden. DiGenova was a (presumably) unwitting helpmate for a Russian agent running an operation to benefit Trump.
diGenova called for Chris Krebs, the director of the Cybersecurity and Infrastructure Security Agency, who pronounced the election free of significant fraud, to be “drawn and quartered” and “taken out at dawn and shot.”
And there’s more. In November 2019, while appearing on Fox, diGenova remarked, “There’s no doubt that George Soros controls a very large part of the career foreign service of the United States State Department. He also controls the activities of FBI agents overseas who work for NGOs…He corrupted FBI officials, he corrupted foreign service officers. And the bottom line is this: George Soros wants to run Ukraine.” This baseless comment—reflecting longstanding right-wing conspiracy theories about Soros—was widely criticized as an antisemitic trope. It was even too much for Fox News. DiGenova’s appearances on the cable channel trailed off.
After Trump lost the 2020 election, diGenova became part of the legal team led by Giuliani that challenged the result. At one point he called for Chris Krebs, the director of the Cybersecurity and Infrastructure Security Agency, who pronounced the election free of significant fraud, to be “drawn and quartered” and “taken out at dawn and shot.”
DiGenova has demonstrated an immense bias against the targets of the Miami investigation, a tendency to recklessly spout unproven accusations, and a penchant for hawking conspiracy theories. And he was part of an endeavor that promoted Russian disinformation concocted to assist Trump. It’s absurd that he would be placed in charge of any federal investigation. But this grand conspiracy case is a bogus inquiry and a profound abuse of power. It’s not about justice; its goal is to defy the truth and obtain personal revenge for a corrupt and deceitful autocrat. That makes it the perfect case for diGenova.