On Wednesday, Michael Ben’Ary, the national security prosecutor was removed from his post. This ruling drew ire from a bevy of powerful figures in America’s legal and political establishment. His dismissal comes at a time of increasing tensions. These tensions are focused on the Justice Department’s handling of all investigations into former President Donald Trump, particularly with regard to his culpability in the Capitol insurrection.
Ben’Ary’s termination was implemented with immediate effect. He had been one of the assistant U.S. attorneys tasked with leading prosecutions against individuals connected to national security matters. Erik Siebert, who had been U.S. attorney in the interim. He was in the news in March when he helped announce charges against the suspected planner of an attack on U.S. soil. Siebert was under pressure from Trump for charging James Comey, former FBI Director. He backed off, saying there was insufficient evidence that any crime had been committed.
In his farewell message, Ben’Ary cited his concern about how he’d lost his job as a main reason for his departure. He stated, “It appears that my termination was based on little more than a single social media post containing false information.” He further criticized the Justice Department’s leadership, claiming, “The leadership is more concerned with punishing the President’s perceived enemies than they are with protecting our national security.”
Ben’Ary and another assistant U.S. attorney, Troy Edwards, had been just recently assigned to head up the area’s most toxic and politically charged federal prosecutions. Edwards—who coincidentally is the son-in-law of former FBI Director Comey—resigned after a former Trump campaign aide filed criminal charges against him. This intermingling of personal relationships and political pressures has led some to question whether such dismissals were politically motivated.
Kelly’s previous statements have made the story around these politically motivated prosecutions that much harder to untangle. She infamously labeled one Capitol police officer killed during the January 6 insurrection as a “crisis actor.” Needless to say, this assertion set off a firestorm of criticism. In fact, Charlie Kirk announced on his podcast shortly thereafter that Kelly “was the one who convinced Trump to issue these pardons.” This came in the wake of Trump re-entering office—at least for those participants directly engaged in the Capitol insurrection.
Ben’Ary concluded his note by emphasizing the importance of justice, stating, “Justice for Americans killed and injured by our enemies should not be contingent on what someone in the Department of Justice sees in their social media feed that day.”