Justice Dept. Fires Another Biden-Era Prosecutor

The Justice Department has dismissed Michael Ben’Ary, a senior national security prosecutor in the Eastern District of Virginia, marking the latest in a series of high-profile departures from the office.

Ben’Ary, who led the district’s national security unit, was removed from his post on Wednesday, just hours after a conservative commentator highlighted his prior work in the Biden administration.

According to the Associated Press, Ben’Ary was notified of his dismissal the same day commentator Julie Kelly posted on social media that he had previously served as senior counsel to Deputy Attorney General Lisa Monaco during President Joe Biden’s administration.

The dismissal adds to the changes being made within the Alexandria-based U.S. attorney’s office, which in recent weeks has seen several senior prosecutors depart under pressure from the Trump administration.

Last Friday, officials confirmed that Maya Song, the top deputy to former U.S. Attorney Erik Siebert, was also forced out. Siebert, a Trump appointee, resigned last month after disputes with administration officials over whether to pursue charges against New York Attorney General Letitia James in a mortgage fraud probe, Newsweek reported.

Ben’Ary’s dismissal is notable given his nearly 20-year career at the Justice Department, where he served under both Republican and Democratic administrations. He had been leading the prosecution of an alleged planner of the 2021 suicide bombing at Kabul’s airport, which killed 13 U.S. service members and more than 170 Afghan civilians during the American withdrawal from Afghanistan.

His removal has cast uncertainty over that case, though there’s no indication that any charges were ever going to be brought, considering the case is more than four years old.

Conservative commentator Julie Kelly speculated that Ben’Ary may have resisted the Justice Department’s case against former FBI Director James Comey, Newsweek reported.

The recent firings have raised concerns inside the department and among legal experts, who see them as part of a broader effort by the Trump administration to assert political influence over federal prosecutions.

Traditionally, career prosecutors remain in place across administrations even as U.S. attorneys, who are political appointees, are replaced. Under President Trump, however, the Justice Department has removed prosecutors connected to politically sensitive cases, including investigations related to the Jan. 6 Capitol riot and special counsel Jack Smith’s probes into Trump.

Song’s departure followed the appointment of Lindsey Halligan as the new U.S. attorney for the Eastern District of Virginia. Halligan, a former Trump lawyer and White House aide with no prior experience as a federal prosecutor, assumed the role after President Trump publicly pressed Attorney General Pam Bondi to pursue cases related to individuals who falsely persecuted him.

Shortly after taking office, Halligan announced an indictment against Comey, accusing him of misleading Congress about authorizing FBI officials to speak anonymously to reporters. Comey has denied the allegations and is expected to make his first court appearance next week.

The indictment prompted an immediate resignation from Comey’s son-in-law, Troy Edwards, who had been serving as deputy chief of the Justice Department’s National Security Section. Edwards submitted a one-sentence resignation letter to Halligan within minutes of the indictment’s announcement.

Ben’Ary’s removal is not the first instance in which administration firings have coincided with commentary from far-right figures. In April, Trump dismissed several officials from the White House National Security Council just one day after activist Laura Loomer raised concerns to him about staff loyalty.

Kelly told NBC News that Ben’Ary’s dismissal was justified even if he had no involvement in Comey’s case.

“You can’t have someone who was a top official for Lisa Monaco at the same time she was orchestrating the lawfare against the president, against his associates, and 1,600 of his supporters who participated in Jan. 6, have a top role at one of the most powerful U.S. Attorney’s Offices in the country,” she said.

 

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