Fired prosecutor who handled Capitol riot cases sues government
Former assistant U.S. attorney Michael Gordon is one of dozens of federal prosecutors the Justice Department has fired since President Donald Trump returned to office, despite such measures generally only being used in cases of misconduct, as The Washington Post reported last month.
On Thursday, Gordon and two other former DOJ employees — Patricia A. Hartman, who was a public affairs specialist in the U.S. attorney's office for the District of Columbia, and Joseph W. Tirrell, who led the department's ethics office — filed a lawsuit Thursday over their terminations, which they said disregarded 'long-standing statutory and regulatory protections that govern how and when members of the civil service can be terminated, and the limits thereof.'
They said they were informed of their removal from their posts in a one-page letter from Attorney General Pam Bondi, without being offered any 'cause, let alone a proper merit-based one, or required due process.' The attorney general, the lawsuit argues, 'does not have absolute authority to simply remove DOJ employees,' who are protected from being arbitrarily or unlawfully dismissed.
'Our justice system depends on the independence of prosecutors and civil service employees at the Department of Justice who enforce the law without fear, favor, or political pressure,' Abbe David Lowell, one of the attorneys representing the plaintiffs, said in an emailed statement Friday. 'When that independence is compromised, justice itself is at risk. This case is about protecting the integrity of our legal system. The DOJ employees at the center of this case served with distinction, followed the law, not politics, and were fired for it.'
The DOJ did not immediately respond to an overnight request for comment.
Gordon, who worked as an assistant U.S. attorney in the DOJ's Tampa office, consistently received 'Outstanding' performance ratings since he joined the office 8½ years ago, and received another top rating two days before he was fired in late June, according to the lawsuit.
He also spent two years prosecuting some of the most high-profile Capitol riot cases, including Richard 'Bigo' Barnett, who was photographed lounging at a desk in the office of then-Speaker Nancy Pelosi; Eric Munchel, who was pictured inside the Capitol with plastic handcuffs; and Rebecca Lavrenz, who became known on social media as the 'J6 Praying Grandma.'
Within the first hours of his second term, Trump issued a sweeping pardon to almost all of those convicted over the Capitol riot and commuted the sentences of the remaining 14. Trump also appointed Ed Martin, a lawyer who represented Jan. 6 defendants and helped organize the 'Stop the Steal' movement after Trump lost the 2020 election, as interim D.C. U.S. attorney — though he later withdrew the nomination.
Gordon told The Post earlier this month that he was preparing a witness for trial shortly before 5 p.m. on a Friday when he was given the paper that said he was being let go without explanation — but said he knew the decision was related to his work on the Jan. 6 cases.
'What's shocking is that the Department of Justice — the part of the government that's supposed to uphold the law — is instead openly defying it, openly thumbing its nose at the very laws that it's supposed to enforce,' he said at the time. 'They're prioritizing revenge over public safety.'
Two other assistant U.S. attorneys involved in prosecuting Jan. 6 cases were fired the same day, according to the lawsuit.
Rep. Kathy Castor (D-Florida) wrote a letter to Bondi earlier this month, saying that the 'timing and circumstances of Mr. Gordon's termination raise serious concerns about political retribution.' The decision could also 'derail justice for victims' of a case Gordon was prosecuting at the time of his dismissal, which Castor described as 'one of the largest fraud schemes in Florida's recent history.'
When he was fired, Gordon was the counsel of record in 17 federal cases and involved in 20 ongoing investigations and at least six trials set to take place between July and September, the case argued.
Hartman, the public affairs specialist, spent almost two decades at the DOJ, and had also consistently received positive performance reviews before her dismissal in July, according to the lawsuit. She was 'the primary official' working on public affairs related to the Jan. 6, 2021 prosecutions, the lawsuit said, including handling media inquiries and issuing press releases.
Tirrell, the senior ethics attorney, was also dismissed in July, after more than seven years as 'an exemplary employee' with the DOJ, the lawsuit said. He previously worked in the FBI for over a decade and also served as a naval officer for more than six years.
Tirrell wrote on LinkedIn after his dismissal earlier this month that the oaths he took as a public servant 'did not come with the caveat that I need only support the Constitution when it is easy or convenient.'
The lawsuit said that the plaintiffs would normally be able to turn to the Merit Systems Protection Board, which allows federal employees to appeal against suspensions and terminations. However, the lawsuit noted that Trump's firing of the MSPB's head meant the body lacks quorum and that any complaint with the MSPB would be 'futile.'
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I think Canada could be one where there's just a tariff, not really a negotiation," he said. More from Reuters: President Trump on Friday expressed pessimism on US trade negotiations with Canada, suggesting he may simply impose threatened 35% tariffs on Canadian goods not covered by the existing US-Canada-Mexico trade agreement. "We haven't really had a lot of luck with Canada. I think Canada could be one where there's just a tariff, not really a negotiation," he said. More from Reuters: Boston Beer Company says strong profits helped brewer absorb tariff costs The Boston Beer Company (SAM) continues to feel the effects of President Trump's tariffs, but a strong quarter of sales and profit is helping the Samuel Adams brewer absorb some of those cost increases. Boston Beer expects tariffs to add about $15 million to $20 million in costs for the full year. Previously, it modeled tariff costs of $20 million to $30 million. 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Previously, it modeled tariff costs of $20 million to $30 million. Expect the company to raise prices by 1% to 2% to offset some of the costs as well, executives said. Boston Beer did see tariffs negatively affect its gross margin toward the end of the second quarter, but it benefited from improved brewery efficiencies. For the second quarter, the company reported profits of $5.45 per share on revenue of $625 million, versus estimates for earnings of $4.00 per share on $588 million, according to S&P Global Market Intelligence. "Right now, I think we're very happy with the performance," Boston Beer CEO Michael Spillane said on the earnings call. "Not only that, but that's allowed us to offset some of the tariffs that we've seen so far." Some headlines from Trump on tariffs this morning Via Bloomberg: Via Bloomberg: Trump: US will sell 'so much' beef to Australia President Trump said on Thursday that the US will sell "so much" beef to Australia, following Canberra relaxing import restrictions. Trump added that other countries who had refused US beef products were on notice. Reuters reports: Read more here. President Trump said on Thursday that the US will sell "so much" beef to Australia, following Canberra relaxing import restrictions. Trump added that other countries who had refused US beef products were on notice. Reuters reports: Read more here. World's No. 3 automaker Kia takes $570M tariff hit in Q2 Reuters reports: Read more here. Reuters reports: Read more here. Puma shares dive after warning of full-year loss, US tariff impact Puma ( shares fell 17% on Friday after the sportswear brand said that it now expects an annual loss due to a decline in sales and US tariffs denting profit. Reuters reports: Read more here. Puma ( shares fell 17% on Friday after the sportswear brand said that it now expects an annual loss due to a decline in sales and US tariffs denting profit. Reuters reports: Read more here. LG Energy Solution warns of slowing EV battery demand due to U.S. tariffs, policy headwinds Reuters reports: South Korean battery firm LG Energy ( Solution warned on Friday of a further slowdown in demand by early next year due to U.S. tariffs and policy uncertainties after it posted a quarterly profit jump. Its major customers Tesla (TSLA) and General Motors (GM) warned of fallout from U.S. tariffs and legislation that will end federal subsidies for EV purchases on September 30. "US tariffs and an early end to EV subsidies will put a burden on automakers, potentially leading to vehicle price increases and a slowdown in EV growth in North America," CFO Lee Chang-sil said during a conference call. Read more here. Reuters reports: South Korean battery firm LG Energy ( Solution warned on Friday of a further slowdown in demand by early next year due to U.S. tariffs and policy uncertainties after it posted a quarterly profit jump. Its major customers Tesla (TSLA) and General Motors (GM) warned of fallout from U.S. tariffs and legislation that will end federal subsidies for EV purchases on September 30. "US tariffs and an early end to EV subsidies will put a burden on automakers, potentially leading to vehicle price increases and a slowdown in EV growth in North America," CFO Lee Chang-sil said during a conference call. Read more here. Japan, US differ on how trade-deal profits will be split Japan said Friday that profits from the $550 billion investment deal with the US will be shared based on how much each side contributes. A government official suggested the US will also put in significant funds, but details of the scheme remain unclear. The White House had announced earlier in the week that the US would retain 90% of the profits from the $550 billion US-bound investment and loans that Japan would exchange in return for reduced tariffs on auto and other exports to the US. This would mean that returns would be split 10% for Japan and 90% for the US, according to the White House official, and that it would be "based on the respective levels of contribution and risk borne by each side." Bloomberg News reports: Read more here. Japan said Friday that profits from the $550 billion investment deal with the US will be shared based on how much each side contributes. A government official suggested the US will also put in significant funds, but details of the scheme remain unclear. The White House had announced earlier in the week that the US would retain 90% of the profits from the $550 billion US-bound investment and loans that Japan would exchange in return for reduced tariffs on auto and other exports to the US. This would mean that returns would be split 10% for Japan and 90% for the US, according to the White House official, and that it would be "based on the respective levels of contribution and risk borne by each side." Bloomberg News reports: Read more here. US business activity rises; tariffs fuel inflation concerns US business activity rose in July, but companies increased the prices for goods and services, supporting the view from economists that inflation will accelerate in the second half of 2025 and it will mainly be due to tariffs on imports. Reuters reports: Read more here. US business activity rose in July, but companies increased the prices for goods and services, supporting the view from economists that inflation will accelerate in the second half of 2025 and it will mainly be due to tariffs on imports. Reuters reports: Read more here. It sounds like Trump now has a new minimum tariff rate: 15% President Trump set a new rhetorical floor for tariffs on Wednesday night in comments in a shift that raises the president's baseline rate from 10%. Yahoo Finance's Ben Werschkul writes: Read more here. President Trump set a new rhetorical floor for tariffs on Wednesday night in comments in a shift that raises the president's baseline rate from 10%. Yahoo Finance's Ben Werschkul writes: Read more here. Keurig Dr. Pepper brewer sales volume drops 22%, CEO says tariff impacts 'will become prominent' Keurig Dr. Pepper CEO Tim Cofer said that tariffs are putting additional pressure on the company in an earnings call Thursday, especially when it comes to its coffee business, which KDP expects to be "subdued" for the remainder of the year. "Commodity inflation will build as we roll into the back half and we roll into our higher cost hedges on green coffee," Cofer said. "The tariff impacts will become prominent. And we all know that tariff situation is a bit fluid." Keurig is one of the biggest coffee importers in the US, along with Starbucks (SBUX) and Nestle (NSRGY). The US sources most of its coffee from Brazil, which is set to face 50% tariffs on its products on Aug. 1, and Colombia, which faces a tariff rate of 10%. In Keurig's coffee business, appliance volume decreased 22.6% during the quarter, reflecting impacts of retailer inventory management, and K-Cup pod volume decreased 3.7%, reflecting category elasticity in response to price increases, the company reported. "Our retail partners will likely continue to manage their inventory levels tightly, in particular on brewers," Cofer commented. "And then finally, you know we did a round of pricing at the beginning of the year. We've announced another round of pricing that will take effect next month, and we'll need to closely monitor how that elasticity evolves." Read more about Keurig earnings here. Keurig Dr. Pepper CEO Tim Cofer said that tariffs are putting additional pressure on the company in an earnings call Thursday, especially when it comes to its coffee business, which KDP expects to be "subdued" for the remainder of the year. "Commodity inflation will build as we roll into the back half and we roll into our higher cost hedges on green coffee," Cofer said. "The tariff impacts will become prominent. And we all know that tariff situation is a bit fluid." Keurig is one of the biggest coffee importers in the US, along with Starbucks (SBUX) and Nestle (NSRGY). The US sources most of its coffee from Brazil, which is set to face 50% tariffs on its products on Aug. 1, and Colombia, which faces a tariff rate of 10%. In Keurig's coffee business, appliance volume decreased 22.6% during the quarter, reflecting impacts of retailer inventory management, and K-Cup pod volume decreased 3.7%, reflecting category elasticity in response to price increases, the company reported. "Our retail partners will likely continue to manage their inventory levels tightly, in particular on brewers," Cofer commented. "And then finally, you know we did a round of pricing at the beginning of the year. We've announced another round of pricing that will take effect next month, and we'll need to closely monitor how that elasticity evolves." Read more about Keurig earnings here. The EU's Trump insurance As my colleague detailed below, EU member states voted to impose tariffs on over $100 billion of US goods from Aug. 7. The Financial Times reported that this move that allows the bloc to impose the levies quickly at any point in the future should its trade relationship with the US take a turn for the worse. From the report: Read more here (subscription required). As my colleague detailed below, EU member states voted to impose tariffs on over $100 billion of US goods from Aug. 7. The Financial Times reported that this move that allows the bloc to impose the levies quickly at any point in the future should its trade relationship with the US take a turn for the worse. From the report: Read more here (subscription required). Europe approves $100B-plus tariff backup plan A report in the Wall Street Journal on Thursday said that the European Union has now approved its retaliatory tariff package on US goods that could start in August if no trade agreement is reached. The EU announced on Wednesday that it will hit the US with 30% tariffs on over $100 billion worth of goods in the event that no deal is made and if President Trump decides to follow through with his threat to impose that rate on most of the bloc's exports after Aug. 1. The US exports, which would include goods such as Boeing (BA) aircraft, US-made cars and bourbon whiskey would all face heavy tariffs that match Trump's 30% threat. The approval of the package comes despite the growing optimism that the US and EU will reach a deal that would put baseline tariffs on the bloc at 15%, matching the level the US applied to Japan. The EU is keen to reach a deal with the US but as a cautionary measure has approved 30% tariffs if a deal is not made. A report in the Wall Street Journal on Thursday said that the European Union has now approved its retaliatory tariff package on US goods that could start in August if no trade agreement is reached. The EU announced on Wednesday that it will hit the US with 30% tariffs on over $100 billion worth of goods in the event that no deal is made and if President Trump decides to follow through with his threat to impose that rate on most of the bloc's exports after Aug. 1. The US exports, which would include goods such as Boeing (BA) aircraft, US-made cars and bourbon whiskey would all face heavy tariffs that match Trump's 30% threat. The approval of the package comes despite the growing optimism that the US and EU will reach a deal that would put baseline tariffs on the bloc at 15%, matching the level the US applied to Japan. The EU is keen to reach a deal with the US but as a cautionary measure has approved 30% tariffs if a deal is not made. Trump tariffs wreaking havoc in Brazil's citrus belt Reuters reports: Read more here. Reuters reports: Read more here.
