Trump DOJ in a bind: Experts say prosecutors should defy 'boss who does not like recusals'

The gunman who raced through security at the White House Correspondents' dinner was in federal court on Monday, where he pleaded not guilty to all four charges against him.

One tactic defense attorneys are pursuing is to have various prosecutors recused from the case by saying that there is a conflict of interest because they were present when the incident unfolded.

"The judge is clearly skeptical of this argument that top Justice Department officials like U.S. Attorney Jeanine Pirro, acting attorney general Todd Blanche, that they have to be removed from this case because they were at the dinner and they argue they were victims of this alleged crime," CNN legal affairs correspondent Paula Reid explained.

According to the judge, the incident unfolded outside of the ballroom where Pirro and Blanche were. Saying those in the ballroom weren't victims, however, could conflict with the DOJ's indictment, which says that the gunman tried to kill the president, who was also in the ballroom.

The judge offered the defense to submit additional details on specifics. The judge asked if the defense team wanted the entire DOJ removed from the legal team.

"Pirro and Blanche aren't going to step aside without a fight," said Reid, noting how "high profile" the case is.

"And we know both of them are up for promotions, right? Todd Blanche is acting as attorney general. According to my reporting, he is likely going to be tapped to permanently take on that position. Jeanine Pirro, she is someone who has been discussed, is also possibly in line for a promotion soon at the Justice Department, so they're not going to want to step aside from a case which, at its core, is about trying to kill their boss."

Host Brianna Keilar pointed to the conflict, "In this case, it was sort of like pre-the ballroom, but potentially in the presence of people who might be in charge of pursuing justice for the crime in a way, sort of creates the conflict. No? Do you see the kind of issue here?"

Reid reported that "a lot of legal scholars have argued that it probably is a good idea for Pirro and Blanche to step aside."

"You don't want to jeopardize a potential conviction in a case like this, but politically, they're both focused on the here and now," explained Reid. "And that is right where they are inside the Justice Department. The fact that this is a high-profile case, they have a boss who does not like recusals. And this is a very serious case. You can see the charges. We're talking about attempting to assassinate the president of the United States, discharging a firearm in the commission of an act of violence, transporting guns and ammunition through interstate commerce. It's a very serious case, but there are multiple considerations here. And at this point, it is not expected that these officials will step aside."

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