DOJ indictments are converging with MAGA media narratives

Recent Justice Department indictments whose validity have been questioned by legal experts demonstrate an increasing alignment of the Trump DOJ’s activities with the narratives of the MAGA media echo chamber.

President Donald Trump has long sought to use federal law enforcement to punish his enemies, and under former Attorney General Pam Bondi, the DOJ and FBI launched scattershot and apparently pretextual probes targeting figures like Federal Reserve Chairman Jerome Powell, New York Attorney General Letitia James, and Democratic Sen. Adam Schiff over behavior unrelated to the president’s gripes.

But since Trump’s former personal lawyer Todd Blanche became acting attorney general last month, the president’s federal retaliation machine has seemed to sync up more closely with long-running talking points of his propaganda arm rather than simply focusing on the same targets. 

Federal charges were filed or unsealed in recent days against the Southern Poverty Law Center, a civil rights group; former National Institutes of Health official Dr. David Morens; and former FBI Director James Comey. Legal experts have said that each of these cases are either weak or concern behavior common among Trump administration officials. 

Each set of charges, however, has buttressed MAGA arguments, and provided their proponents with fresh opportunities to leverage them for content. And they foreshadow the potential fruits of DOJ’s ongoing “Grand Conspiracy” investigation, which unifies a string of conspiracy theories promoted by Fox News hosts like Sean Hannity under the auspices of Joe diGenova, a Republican lawyer and longtime fixture in right-wing media.

James Comey

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The target. Comey served as director of the FBI from 2013 until May 2017, when Trump fired him over his handling of the federal probe of Russian interference in the 2016 presidential election, which the president describes as a “hoax”; he subsequently became a key figure in the right’s “deep state” conspiracy theories. The DOJ indicted Comey last year over congressional testimony he gave in 2020, but a judge dismissed the case, ruling that the appointment of the prosecutor who filed the indictment (and replaced a U.S. attorney who had questioned the case) had been unconstitutional.

The charges. Federal prosecutors on April 28 charged Comey with one count of “Threatening the President” and one count of “Transmitting a Threat in Interstate Commerce” related to a now-deleted May 2025 Instagram post in which Comey posted a photo of shells arranged on a beach to spell out “86 47” and commented, “Cool shell formation on my beach walk.” In the press release announcing the charges, Blanche said, “The temperature needs to be turned down, and anyone who dials it up and threatens the life of the President will be held accountable,” while FBI Director Kash Patel added, “James Comey disgracefully encouraged a threat on President Trump’s life and posted it on Instagram for the world to see.”

The underlying right-wing media narrative. MAGA pundits have argued that recent examples of political violence targeting the right are the result of overheated commentary from Democrats and the media, often erasing incidents of right-wing political violence and ignoring violent rhetoric from the likes of Trump in the process. Numerous Fox News personalities suggested last May that Comey face an investigation or charges over his post, with Jesse Watters calling for it as “retribution.” And the indictment came days after a gunman allegedly targeting the president was stopped trying to breach the perimeter at the April 25 White House Correspondents Association’s annual dinner, which Trump, the White House, and his media allies subsequently blamed on criticism from Democrats and journalists. 

The response from legal experts. “Supreme Court precedent has placed a high bar for convictions in threat cases like these, and former prosecutors and First Amendment scholars alike were highly skeptical the new prosecution would be successful,” CNN reported. Even some lawyers who are Fox News contributors aren’t buying DOJ’s argument — George Washington University law professor Jonathan Turley said on Fox that Comey’s Instagram post would “very likely be viewed as protected speech if it was the basis of a criminal indictment” and “have a hard-time standing up in court,” while Andrew McCarthy wrote at National Review that the “bogus” indictment is a “farce,” called Comey’s conviction “inconceivable,” and added: “Of course, when the Justice Department abuses power this way, as it has repeatedly, it shreds its credibility with the courts and undermines the integrity of all its work.”

The response from the MAGA right. While the indictment drew skepticism on Fox’s daytime coverage, the network’s evening programs championed it on Tuesday night. MAGA lawyer Mike Davis said on The Ingraham Angle that the charges were “a long time coming,” offered “cheers” to Blanche and Patel, called Comey’s post “a clear threat,” and claimed, “There have been people who have gone to prison for a lot less than this.” Hannity, meanwhile, mocked the idea that “86 47” could mean anything but “get rid of Trump,” and hosted Fox legal analyst Gregg Jarrett to claim that Comey “surely knew what the phrase meant” and that “if he tries to claim free speech as a defense, that's not going to work.”

Dr. David Morens

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The target. Morens is an expert in public health and infectious diseases who served from 2006 to 2022 as senior adviser to Dr. Anthony Fauci, then the director of the National Institute of Allergy and Infectious Diseases.

The charges. The Justice Department announced on April 28 that Morens had been charged with “conspiracy against the United States; destruction, alteration, or falsification of records in federal investigations; concealment, removal, or mutilation of records; and aiding and abetting,” specifically by using his personal Gmail account to conduct what prosecutors allege was government business in order to avoid public disclosure. Blanche alleged in the press release that Morens “deliberately concealed information and falsified records in an effort to suppress alternative theories regarding the origins of COVID-19,” while Patel claimed that “circumventing records protocols with the intention of avoiding transparency is something that will not be tolerated by this FBI.”

The underlying right-wing media narrative. The right-wing media echo chamber responded to the COVID-19 pandemic in part by turning Fauci into a hate object. Its participants also claimed that the coronavirus originated through a lab leak from a Chinese virology facility and its development may even have been funded by American tax dollars, rather than the prevailing view that the virus initially spread among wild animals before jumping to humans at a market in Wuhan, China. Morens and his email practices came under scrutiny from congressional Republicans and right-wing media in 2023 and 2024. While the Justice Department suggests Morens was acting to suppress the lab leak theory, The New York Times reports that the DOJ’s investigation “has so far yielded no evidence that scientists or health officials were involved in research that started or spread the coronavirus outbreak” and his emails in the indictment “do not show him trying to conceal evidence of a lab leak.”

The response from legal experts. Scott Amey, general counsel at the nonpartisan Project on Government Oversight, told The New York Times that “the allegations are quite concerning,” but also “noted that senior members of the Trump administration have themselves been accused of trying to evade federal record-keeping laws.” Indeed, The Washington Post reported last year that top Trump administration national security officials were communicating over their private Gmail accounts, and in March 2025, Defense Secretary Pete Hegseth shared operational details of an impending U.S. military strike over an unsecured Signal chat with Vice President JD Vance, Secretary of State Marco Rubio, other Trump administration officials, and Atlantic editor-in-chief Jeffrey Goldberg, who had been accidentally added to the chain.

The response from the MAGA right. The New York Post reported on — and effectively generated — “pressure on DOJ to prosecute Anthony Fauci” in light of Morens’ indictment. Its Thursday article claimed that “critics say Fauci … bears the most responsibility and that he should be hauled into court,” citing the head of a right-wing think tank, Republican Sen. Rand Paul, and a former DOJ official who is now national political reporter at the right-wing media outlet Real America’s Voice.

The Southern Poverty Law Center

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The target. The SPLC is a nonprofit civil rights organization best known for its monitoring, researching, and reporting on white supremacists, neo-Nazis, and others it describes as “hate and antigovernment extremist groups” that “make up some of the most extreme elements of the hard right.”

The charges. The Justice Department revealed April 21 that a grand jury had returned an indictment charging the SPLC with “11 counts of wire fraud, false statements to a federally insured bank, and conspiracy to commit concealment money laundering.” DOJ alleges that by using paid informants to infiltrate hate groups, the SPLC “secretly funneled more than $3 million in donated funds to individuals who were associated with various violent extremist groups” from 2014 to 2023, including to one individual who “was a member of the online leadership chat group that planned the 2017 ‘Unite the Right’ event in Charlottesville, Virginia, and attended the event at the direction of the S.P.L.C.” Blanche claimed in a press release that SPLC was “manufacturing racism to justify its existence,” while Patel alleged the group “engaged in a massive fraud operation to deceive their donors.”

The underlying right-wing media narrative. As the American right adopted positions previously espoused only by explicit white supremacists, the SPLC drew its ire by expanding its monitoring to include “extreme” right-wing elements that were nonetheless accepted within its mainstream, like Turning Point USA. Right-wing media figures denounced SPLC’s characterizations of TPUSA after the assassination of its founder, MAGA operative Charlie Kirk, in September 2025, and the following month, Patel said the FBI was cutting ties with the group, which he described as a “partisan smear machine.” Right-wing media figures have also pushed back hard against links between Trump and the deadly Charlottesville event, and described white supremacy itself as a “hoax.”

The response from legal experts. The SPLC indictment “may contain serious legal defects that could lead to a full or partial dismissal because it struggles to articulate the elements of the alleged crimes,” CBS News reported after consulting former federal prosecutors. “Legal experts say it is not clear exactly how the SPLC's statements to donors represent material falsehoods or omissions, or why its past use of paid informants would run counter to its mission of dismantling white supremacist groups, a tactic that federal and local law enforcement also utilize to infiltrate and break up criminal organizations,” the report added. Andrew Weissmann, who led the DOJ Fraud Section from 2015 to 2019, likewise wrote in a piece for Just Security that DOJ’s claims “may sound superficially plausible in a press release against an organization dissimilar to the SPLC, but nothing in the speaking indictment against the Center appears to meet the legal standard required” for the charges. 

The response from the MAGA right. Right-wing pundits have gleefully parroted the DOJ allegations, using them both to attack the SPLC and to suggest that the Charlottesville “Unite the Right” rally had been a false-flag hoax instigated by the left as a way to sabotage Trump. Fox personalities alone have mentioned the SPLC nearly 400 times since the indictment’s release, according to a Media Matters review. (The indictment was “huge breaking news,” as Hannity put it before hosting Patel to accuse the SPLC of the  “ultimate definition of hypocrisy.”) Trump himself has picked up the story, rambling about how “Southern Law” is a “total scam” in an interview with CBS over the weekend. The president said in part: 

I see these No Kings which are funded just like the Southern Law was funded. You all that Southern Laws, financing the KKK and lots of other radical, terrible groups. And then they go out and they say, oh, we’ve got to stop the KKK. And yet they give them hundreds of thousands and even millions of dollars. They work. It’s a total scam run by the Democrats. It shows you that, like Charlottesville, Charlottesville was all funded by the Southern Law. That was a Southern Law deal, too. And it was done to make me look bad. And it turned out to be a total fake. It basically was a rigged election. This was a part of the rigging of the election. And that’s what you really should be doing. I mean, I hope one of your 60 Minutes episodes, which really hasn’t changed very much for the last few years, I’m surprised. But one of those episodes should be on Southern Law, and the fact that they spent millions and millions of dollars on absolute far right and just bad, bad groups, and then they’d use those groups and they’d say, these are Republican groups, and we’re coming to your rescue, and they’re the ones that have funded it, and they’re the ones that kept them, keep them going. Pretty sad.