Law and Order for Some

The Atlantic

25-02-2025

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They don't make Washington scandals like they used to. Consider the tale of Representative Wilbur Mills and Fanne Foxe. In October 1974, Mills, a powerful Arkansas Democrat who led the Ways and Means Committee, was pulled over in D.C. while driving with his lights off. Foxe, a stripper, leapt out of the car and into the Tidal Basin, the shallow reservoir next to the Jefferson Memorial; she had to be fished out by police. The two had apparently had a physical altercation—they had bruises and scratches—though neither was charged. Mills was initially able to weather the next few weeks and win reelection in November, but after showing up drunk at a Foxe performance later that month, he was forced to relinquish his leadership of Ways and Means and didn't seek reelection.
Now consider the circumstances in which another Representative Mills finds himself. The similarities are striking; the differences are alarming.
Last Wednesday, police responded to a call about an alleged assault at an apartment in D.C., where Cory Mills, a Florida Republican and strong Donald Trump ally, resides. A police report obtained by News4, a local NBC affiliate, stated that a 27-year-old woman there had what appeared to be 'fresh' bruises. The report described her as Mills's 'significant other,' though he is married and the 27-year-old is not his wife. She also allegedly, according to the document, 'let officers hear [Mills] instruct her to lie about the origin of her bruises.' Mills denies any wrongdoing and told Politico yesterday, 'Both myself and the other individual said that what they're claiming took place never took place and that's been reported multiple times.'
Things got stranger: The woman recanted her story and now says there was no physical abuse. D.C. police provided the media with a second report saying officers responded but there was no probable cause for arrest, and then a third report saying police are investigating the incident. They are also, according to News4, investigating their own handling of the matter. Police sent a warrant to the local prosecutor's office, but it has not been signed—in effect, a refusal to take up the case.
Because Washington, D.C., is not a state, it doesn't have a typical local district attorney. Instead, it has a federal prosecutor, a position currently filled by the Missouri attorney and failed Republican congressional candidate Ed Martin. After the 2020 elections, Martin was deeply involved in Stop the Steal efforts, and after the January 6 riot, he represented defendants and sat on the board of a group that raised money for the families of people imprisoned for their roles. Trump appointed him acting U.S. attorney at the start of his term, and has since nominated him to fill the role permanently.
In an X post yesterday, Martin described the staff of the U.S. Attorney's Office as 'President Trumps' lawyers.' This is not, in fact, the statutory role of U.S. Attorney's Offices—they serve the federal government, not the person of the president—but Martin very clearly approaches the job that way.
After taking over the U.S. Attorney's Office in January, he fired attorneys who were involved in January 6 cases—line prosecutors who were simply doing their jobs by bringing cases about overt crimes—and launched an internal investigation into January 6 prosecutions. He has boasted about standing up against the Associated Press, which he said refuses 'to put America first' by not adopting Trump's renaming of the Gulf of Mexico to the 'Gulf of America.'
Even while doing his best to support people involved in an actual violent assault on the Capitol, Martin has been sending letters to Democratic members of Congress threatening to investigate them for the standard, though overheated, language they've used in reference to Elon Musk and Supreme Court justices. Yet somehow, Martin's office apparently doesn't have any interest in pursuing a fairly straightforward assault allegation, including claims of inducing an alleged victim to lie.
Why not? The U.S. Attorney's Office did not immediately respond to questions about why the warrant wasn't signed. But investigating a Republican member of the House would make life more difficult for the president and his allies on Capitol Hill. Speaker Mike Johnson is trying to ram a politically volatile spending bill through with his minuscule House majority. Some members have already indicated that they may vote against the bill because of proposed cuts to Medicaid. Losing Mills for any reason would make the task harder. Republicans have already paused the confirmation of Representative Elise Stefanik to be the ambassador to the United Nations in order to maintain their numbers.
This delicate moment also shows why, without action from prosecutors, Mills may not go anywhere. So lurid a story used to be a death knell for a career, but politicians have learned that they can gut out most sex scandals if they are sufficiently shameless. President Bill Clinton pioneered the path, Senator David Vitter and Governor Mark Sanford perfected it, and Trump represents its apotheosis. Wilbur Mills was forced to step down by fellow Democrats—not only because of the scandal but because it was politically expedient: A younger, more liberal group of Democrats was tired of conservative southerners blocking their priorities. Political expedience is also why Republicans are less likely to push Cory Mills out anytime soon.
Trump often speaks about 'law and order,' but he's also made very clear that this means law and order only for some—those who disagree with him, or those whom he finds obnoxious. Those who are on his side receive leniency, even if they have committed a violent assault against the Capitol. The U.S. Attorney's Office ignoring this case while harassing Democratic members of Congress is one very pure expression of this impulse. Meanwhile, Trump is interested in seizing greater control of Washington's governance. 'I think we should take over Washington, D.C.—make it safe,' he said last week. For whom?
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Stephanie Bai contributed to this newsletter.
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