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Fairfax County Commonwealth's Attorney Steve Descano (D) has been under attack from Republicans over his handling of cases involving immigrant defendants.
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At a private event in Washington last month, Mr. Smith, the former special counsel, accused Justice Department leaders of targeting people for prosecution to please and impress the president.
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The conservative justices appeared sympathetic to the administration's contention that it can cancel humanitarian protections for Haitian and Syrian nationals.
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Two Justice Department employees will testify to Congress next week about political influence on law enforcement activity, including one who worked on Special Counsel Robert Mueller's Russia probe, the Democratic-controlled panel said on Tuesday.
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