Elie Honig: Merrick Garland is Running Out of Time

[Nevilledog]

Link to tweet

https://cafe.com/elies-note/note-from-elie-merrick-garland-is-running-out-of-time/

This is not another piece on the likelihood that Merrick Garland will eventually indict Donald Trump. The arguments are familiar by now, both ways, and whatever will be will be.

Today, we’re asking this: when?

No matter where you might fall on the “will-he-or-won’t-he?” spectrum, we can all agree that the clock matters, and it’s ticking. Every day that passes makes a potential federal prosecution of Trump less likely to happen, and more fraught for the Justice Department if it does.

It’s now early May – sixteen months since the January 6th attack, and fourteen months since Garland took office. There’s no technical reason DOJ needs to indict anytime soon — the federal crimes in play here typically carry five-year statutes of limitations — but the Department’s pace conveys a lack of urgency that is ill-matched to the gravity of the potential crimes. Put it this way: if Trump did commit a crime relating to the coup attempt, it’s the most serious political crime in our country’s history. Yet the Justice Department is going to wait a year and change (and counting) to do anything about it?

I know, I know: these things take time, and they want their case to be perfect. That’s an easy refrain, but I reject it in these circumstances. During my fourteen years as a prosecutor, I saw law enforcement move with astonishing speed when circumstances demanded it. As attorney general, Garland has the full resources of the Justice Department, including the FBI, at his disposal. If ever a case required urgency, this is it. Yes, as a prosecutor you want your case to be strong and well-supported. But you don’t spend over a year fretting over whether your proof is absolutely flawless, particularly when there’s already ample evidence in plain public view.

Let’s flip ahead on the calendar. Midterm elections are on November 8th. The Justice Department has a longstanding policy against announcing new criminal charges or taking overt investigative steps (such as executing a search warrant) shortly before an election. There’s no formal provision on the books, but AGs of both parties over the past several administrations have issued Department-wide memos reminding prosecutors to abide by this blackout practice, which applies either 60 days or 90 days before an election, depending who you ask. (I always understood the blackout period to be 60 days, but other DOJ alums place the line of demarcation 90 days out.)

*snip*

[SoCalDavidS]

1. He's Not Running Out Of Time Because He's Already Decided Not To Do Anything

It's no surprise to me. I KNEW that nobody important would be held accountable.

[BlackSkimmer]

21. Yup.

No surprise here either.

[area51]

26. +1 n/t

[Ohio Joe]

31. What is he doing with the 7th Grand Jury?

You know... The one with several of the seditious conspirators testifying... Who is that Grand Jury going after if he is doing nothing?

[frogmarch]

36. Exactly!

[PSPS]

2. It's beyond obvious by now that he sees his job to be to just run out the clock

They'll all skate.

[BlueIdaho]

3. Garland is counting the days

And hoping he will be rewarded for sitting on his hands.

[maxsolomon]

47. What do you imagine that reward looks like? Specifically.

I don't think that is his motivation for dithering, but I'm not one who sees corruption around every corner in America.

[Ohio Joe]

32. I'll ask the same question to you...

What is he doing with the 7th Grand Jury? You know... The one with several of the seditious conspirators testifying... Who is that Grand Jury going after if he is doing nothing?

[hamsterjill]

39. Why has it taken 7 grand juries?

If the evidence was being presented very well, it shouldn’t take the grand jury - first OR seventh - to find that a crime was committed. Because there have been many crimes and the evidence of those crimes is astronomical.

Garland isn’t doing a very good job or we would be a lot further along in this process. Go ahead and defend him. The rest of us see what’s going on.

[Ohio Joe]

43. Because it is being prosecuted as the mob case it is...

The first four were for the 800+ grunts that attacked the Capitol. The next two were for the OK & PB leaders charged with Seditious Conspiracy. Where do you think he is taking it now? Who are the Seditious Conspirators helping him get?

[hamsterjill]

44. I don't think he is "taking" it anywhere.

I think he’s incompetent. The case has all but been made FOR him to prosecute and he’s produced nothing. That’s what I’m saying. Garland is not doing enough fast enough. If he were presenting the evidence to jurors in a better fashion, I believe we would have indictments by now.

The clock is ticking and the “it takes time argument” has run out of steam.

[Ohio Joe]

46. The guy linked in the OP... Elie Honig... He tried prosecuting a mob case your way...

Three times he went after Gotti jr when everyone 'knew' he had taken over as boss when his father went to prison. Three time he failed. He failed because he went top down and not bottom up for a mob case. It is not an 'argument', it is how a mob case is prosecuted. It is how mob bosses are finally imprisoned.

[hamsterjill]

52. That's your opinion - and I'm NOT relying on Elie Honig

There are plenty of other legal scholars who think Garland should be acting. But you need to understand - I’m not relying on them either. I’m relying on my own perception of reality. Nothing has been done and we are well into the time where more should have happened if it is going to happen.

When you have something concrete - like an actual indictment against Trump - then we will have something to discuss.

[Ohio Joe]

54. Well... I guess you are correct...

"I’m relying on my own perception of reality."

I guess if your perception of reality is to dismiss how the case is being pursued by declaring that only the final step is doing anything... There is not much to say

[inthewind21]

68. And that perception

Of reality is dead on. A quick history lesson will tell you that. Nixon wasn't prosecuted because the DOJ has adopted the idea that you shouldn't do that because it's to divisive. Regan, Iran contra. Nadda. the Keating 5 and S&L scandal. Nadda. GW Bush, war crimes, Geneva conventions violations. Nope, nothing, nadda. This is the norm in this very country. Taping a few lower level people is about all that will be done. And the fact you seem to not be aware of that, well, it explains a LOT.

[Ohio Joe]

72. I'm very aware of what you say...

One minor correction though... DOJ did not go after Nixon because he was pardoned.

What do you think he is doing with the 7th Grand Jury? You know... The one with several of the seditious conspirators testifying... Who is that Grand Jury going after? As others have thought in this thread... Do you think he is going down the chain instead of up?

[hamsterjill]

86. Just let me know when something happens.

And then you can make smart remarks.

People are fed up with the inaction.

[Silent3]

4. "we can all agree that the clock matters"? I agree. But is the "be patient" brigade still...

...going to lambaste us for supposedly acting like real life should run like an episode of "Law and Order", for having Veruca Salt-like demands for "instant" gratification?

If ever a case required urgency, this is it.

[msfiddlestix]

35. Interesting question. and why I opened this OP

We knew this was going to happen cuz it's been blatantly obvious for over a year, at least in my mind. But I clicked because I wanted to see if I can detect any sign of acknowledgement by the brigade our concerns are based on common sense observance.

Asking questions here guaranteed a rapid response by the "patience" brigade wagging their fingers condescendingly deploring our lack of faith in Garland, capped with the 'bashing Biden assertions, which was ridiculous if not absurd.

At least one individual who was part of that brigade appears to have evolved, though. That's a good sign.

[Marius25]

5. Merrick Garland has no intention of holding anyone accountable.

I really wish Biden had never picked him.

[Emile]

20. Just the bottom level of toothless rednecks fighting to keep

a rich con man in office.

[Ohio Joe]

33. I'll ask you as well...

What is he doing with the 7th Grand Jury? You know... The one with several of the seditious conspirators testifying... Who is that Grand Jury going after if he is doing nothing?

[Marius25]

48. Going after the lower level people that are easy to prosecute

He's not going after Trump, Mark Meadows, Navarro, Eastman, Greene, Cawthorn, Boebert, Biggs, Gosar, Brooks, etc.

[Ohio Joe]

50. What lower level people?

He already has GJ's going after the grunts... And GJ's going after the OK/PB leadership... He has flipped some of that leadership to testify in the new GJ... And you think that GJ is going to work downward instead of continuing up?

That train of thought makes zero sense... That is not how anyone, anywhere, ever runs their GJ's. It would destroy his entire life's work when he could have accomplished the same goal by not bringing the 7th GJ.

So... What do you think is driving him to do such a thing?

[Marius25]

63. Insurrectionists and Oath Keeper types.

Not the ones in the government who helped plan, plot, and fund it.

[Ohio Joe]

78. They already have/had GJ's for those people...

The first ones they did were for the grunts... They started with one and convened more as they needed them, then began making charges. Then they convened two for the seditious conspirators, then made the charges... Now they have another new one... And you think they are flipping OK/PB leaders to work downward again? How does that make sense?

[Marius25]

81. Garland will never hold Trump, Meadows, etc. accountable

Another obstruction of justice charge for Trump runs out today and Garland did nothing.

[Ohio Joe]

82. That does not answer my question...

That case was closed by Barr... Now about the new GJ... Do you think it is to work down?

[Marius25]

83. I think it's largely meaningless and won't actually indict any of the

big name players.

[Emile]

88. Why don't you answer your own question and enlighten

my ignorance?

[Ohio Joe]

89. I did already...

In posts #50 and #78.

[inthewind21]

71. Wouldn't matter

Who was in that chair. It's been the norm since Nixon for the DOJ to do nothing when a former president is the focus, because THEY have decided it's to divisive. I'm really a little surprised either many have forgot or never paid enough attention to see it clearly from the beginning. Nixon. Regan, GW Bush. this is NOT a new thing with the DOJ.

[msfiddlestix]

92. Except of course in the case of a Democrat in the WH , which technically was a "special prosecutor"

but still, the only President to have to face an array of civil and potential criminal charges was Bill Clinton.

yes, I understand it was completely political and they weren't genuine crimes/charges. my point still stands

Some reason, no problem going after a Democratic President, but when it's a Republican.... gotta cut them all the slack required.

Editing to Add: That's how the DOJ works apparently no matter the appointed AG

[Grasswire2]

6. And this is why we are where we are.

Too many times, GOP got away with crimes.

For decades now.

Turn the lights off. There is no rule of law for some.

[gldstwmn]

11. I was watching Gaslit with Sean Penn and Julia

Roberts playing John and Martha Mitchell and found out that Steve King, the guy who drugged up Martha Mitchell in real life was given an ambassadorship to the Czech Republic by TFG and they confirmed him. He denied it and they confirmed him.

[live love laugh]

7. Bash Bash Bash ....

[Emile]

19. Bash or stating the obvious?

[Duppers]

8. True.

We'll never see the day.

[Grasswire2]

9. and then what?

What happens when nothing happens? When no one is held accountable for an attempted violent overthrow of the government and all the associated crimes?

What happens to our country then?

The plotters and criminals become more emboldened.

The slide into autocratic rule quickens.

I do not see how anyone could think, knowing what will happen, that this permissiveness is good for America.

[Bettie]

23. They already are emboldened

they see the writing on the wall and it's a free pass to do whatever they please, as long as they have rubes to take the tiny amount of heat. So, the rubes are getting slap-on-the-wrist jail terms and the rest get to move on with their lives knowing that the next time, they can increase the violence and move on without consequences.

They can learn, it would seem, and it appears that they are learning that insurrection is cool with the DOJ and overthrow of the government is just fine, well, as long as they are white and far right.

And still, I hope (with less and less belief) that maybe, Garland will decide to go to bat for the nation.

[newdayneeded]

66. slap on the wrist

Did you see that post of the 45 GOP child sex cases.

There was one on there that raped a 15 y/o girl and got 6 months in jail. They ALL get slaps on the wrists.

[Bettie]

69. As long as they are hurting women or children, yeah, they get

gentle taps on the wrist.

Now, if they take money away from other rich white men, there is hell to pay!

[gldstwmn]

10. Isn't that the point?

[uponit7771]

12. Garland has until October for the J6 arrest to happen

[uponit7771]

16. +1,

[gldstwmn]

90. That didn't stop James Comey with Hillary.

[Novara]

22. He really doesn't.

From the article:

Let’s flip ahead on the calendar. Midterm elections are on November 8th. The Justice Department has a longstanding policy against announcing new criminal charges or taking overt investigative steps (such as executing a search warrant) shortly before an election. There’s no formal provision on the books, but AGs of both parties over the past several administrations have issued Department-wide memos reminding prosecutors to abide by this blackout practice, which applies either 60 days or 90 days before an election, depending who you ask. (I always understood the blackout period to be 60 days, but other DOJ alums place the line of demarcation 90 days out.)

Knowing Garland’s tendencies, he’ll err on the side of caution. So counting back 90 days from November 8th puts us in early August. That means either (1) we’ll see a federal indictment of Trump by late summer, or (2) we won’t see one until at least the end of 2022, if ever. (The same applies, by the way, to other pending DOJ investigations with obvious political implications: Matt Gaetz, Hunter Biden, Rudy Giuliani.)

So unless you genuinely expect to see United States v. Donald J. Trump sometime within the next three months or so, then we’re talking about DOJ allowing nearly two years to pass between commission of a crime that threatened our democracy, and criminal consequences. That’s tough to envision and, if a charge does happen, the delay will be difficult for Garland to justify.

Of course, the political world will change after midterms. History tells us the Democrats are virtually certain to lose control of the House, and potentially the Senate too. In six of the past seven midterms following election of a new president, that president’s party has gotten crushed in the House (the lone exception being 2002, when George W. Bush was still riding a post-9/11 wave of popularity). Senate results also have been grim for new presidents, though not as drastic. Given Democrats’ current razor-thin margins in the House and Senate, and President Biden’s low approval ratings, they’ll likely lose one or both houses of Congress.

A Republican-controlled Congress can make life miserable for DOJ. Don’t get me wrong: Congress should remain entirely hands-off when it comes to the Justice Department’s prosecutorial function. But do you trust a newly-empowered Republican House majority, led by Kevin McCarthy and Jim Jordan and Louie Gohmert and Lauren Boebert, to do the right thing here?

A new Congress might call hearings and demand answers from DOJ officials about the investigation and its underpinnings. The Justice Department would be right to resist and potentially even refuse, but it’ll be an ugly sideshow. Congress could tinker with DOJ’s funding, or threaten to do so, as a retributive measure. Do you put it past the current slate of prominent House Republicans? Or, at an extreme, a Republican-controlled House could bring impeachment proceedings. Think that’s a bit much? Well, Axios recently reported that “The largest body of conservative House members — the Republican Study Committee, which represents more than 150 members — is laying the groundwork to push for the impeachment of Homeland Security Secretary Alejandro Mayorkas.” They could just as easily turn their sights on Garland, if sufficient political motivation arose. Again: do you trust McCarthy and company to show restraint with their newfound power?

Further complicating matters, once the 2022 midterms end, the 2024 presidential election cycle begins. Trump might announce his candidacy immediately and, even if he doesn’t, he will be the prohibitive Republican frontrunner unless and until he formally declares that he’s out. So now, consider this: can you really see Merrick Garland authorizing the first-ever indictment of a former president, who also happens to be the active presidential nominee, or presumptive nominee, of the opposing political party? And can you see that happening two years (or more) after the events at issue, just as the next election hits the political radar?

[LetMyPeopleVote]

84. Why that date?

The midterms have no effect on the applicable statute of limitations. The J6 Committee needs to wrap up after that date but the DOJ can pursue TFG until the expiration of the applicable Statute of Limitations

[Silent3]

106. Arrests? Even if eventually, in the fullness of time, top-level insurrectionists are prosecuted...

...no one is getting arrested any time soon. They just don't do that to the big fish. The federal authorities will politely ask these criminals to show up at court, or, if they're feeling particularly frisky, they'll serve them with subpoenas. And then the conspirators will be completely free for months or years as the "justice" system slowly, ever so slowly, grinds away.

[Meowmee]

13. He was running out of time months ago

[Ohio Joe]

34. Perhaps you know...

What is he doing with the 7th Grand Jury? You know... The one with several of the seditious conspirators testifying... Who is that Grand Jury going after if he is doing nothing?

[msfiddlestix]

38. Remind us of which of the Seditious Conspirators and who are the targets?

There's been so many I've lost track.

[Ohio Joe]

42. Of the leaders charged right now with Seditious Conspiracy...

They have flipped Joshua Jones and Brian Ulrich, plus they have another Oaf Keeper who is also testifying to the Grand Jury, William Todd Wilson (this one is not charged with Seditious Conspiracy but was with Terrio during his phone call). The third seditious conspirator who has flipped is Charles Donohoe. There is also news today (I'll be putting up an OP on it in a bit) that two Infowars employees are negotiating to flip, they are Sam Montoya and Owen Shroyer.

[hamsterjill]

40. Well said.

The crime was blatant (one of many) and the evidence has been served up to the DOJ on a platter and Garland still won’t do anything.

[sheshe2]

108. You misspelled the word country again.

Twice now on this thread.

The word is spelled with an 'o'. Your misspelling is offensive. Please correct it.

[sheshe2]

109. Appreciate the correction.

I didn't target you. I sent you a very polite DM last night.

[sheshe2]

111. It is in my sent mail.

Sorry you didn't receive it.

[sheshe2]

113. However, you deleted the post after my DM.

Urban Dictionary has a definition for the word. It is not pretty.

Old? I will be 70 this year and am far from well off.

Here is the mail I sent.

DU Mail: My Sent Mail

DU Mail Message from sheshe2

Yesterday
sheshe2

I am doing this as a PM.
Mail Message
Please, I beg you, to correct your spelling of Country.

I know it was a mistake, please correct it now!

I did not call you dumb. I did not call you a name I asked politely for you to correct your spelling.
That was all I asked. That is all I asked.

[hamsterjill]

95. Yeah, I'm really tired of seeing that 7th grand jury shit.

Posting it over and over and over doesn’t make it any more true!

I wonder truly how many of us have it figured out.

[Grasswire2]

104. hear, hear!

So many secrets kept from the American people.

So much of it held back by the OLC of the DoJ.

Much of it unmentioned by the Federalist FBI Director. Why did Wray send the Kavanaugh tips to the WH Counsel.

Does anyone know the history of Don McGahn on the FEC?

So many questions.

And no answers.

[DLevine]

17. Running out of time by design. nt

[Emile]

18. Running out of time on purpose. No justice!

[bullwinkle428]

24. I'm sure he'll write a very interesting book, a year after he leaves office.

[kacekwl]

25. If anyone thinks this inaction

won't affect the midterms and future elections for the Democratic party they are mistaken. I get lots of donation requests for Democratic candidates stating this is the most important election ever yet no one seems to act like it is.

[SoCalDavidS]

27. I've Been SCREAMING This Exact Thing

There will be plenty of time for Excuses and Introspection once the Democrats lose the House and perhaps the Senate this November.

Lack Of Enthusiasm, directly related to LACK OF ACCOUNTABILITY, will be one of the theories.

It's almost like the Democrats Want to lose this November, or simply don't care.

[hamsterjill]

41. If voters see no action, they will stay home.

Why bother?

Americans want to see the Democrats taking action. Seeking justice. Americans do not want some rich fat people to be blatantly above the law.

[inthewind21]

74. And when they stay home

Like a LOT did in 2016. They will get the government they deserve. And there is the problem. People want everything RIGHT NOW. And if they don't get it, well we'll just stay home. And here we are. This is not a surprise to anyone who has been paying attention for the past 40 years. Any of it! Where we are today was the most open secret ever. The shock and surprise on display is head shaking.

[hamsterjill]

87. I'm not shocked or dismayed.

But I know we got turnout in 2020 because there were voters who hated Trump. Those people expected that he was going to be held accountable once out of office. If they don’t see action toward that, they will be the ones who stay home.

And they are, in great part, why Biden won. Without them we may not be so happy.

[867-5309.]

28. Time is not what's lacking n/t

[AntivaxHunters]

29. I think this is bigger

and much deeper than any of us know or are aware of.

Remember what Jamie Raskin said folks!
"Jan. 6 hearings will 'blow the roof off the house'"

I believe that's why we haven't seen anything from Garland yet.
This is a whole lot bigger than any of us imagined and I'm ok with waiting. Why? Because the closer it gets to midterms, the better.
Heads are going to roll like cars on I-80 in a blizzard.

[SoonerPride]

30. Yeah, sure.

Keep on dreamin.

[Ohio Joe]

37. Elie Honig... Who tried three times and failed to get Gotti jr...

He made the same mistakes they made going after the old man. Everyone 'knew' he was in charge, so they went straight after him... And failed in their mob case by going at it top to bottom instead of bottom up. Sounds like someone to take advice for on a mob case

[Grasswire2]

49. the price Americans are paying for this strategy is very high.

The inaction has the same effect on people as inaction has in domestic violence --- the victim comes to realize that no one who could lawfully do so is coming to stop the batterer.a

It's C-PTSD. And it's very real damage.

The worst crime in American history -- a crime that threatens every citizen, still as the perpetrators walk free; free to spew sedition, free to plot toward the next opportunity, free to sow discord and hate and treasonous talk and chaos.

And yet the people see no one of significance held accountable. No evidence that anyone WILL be held accountable.

THAT brings exhaustion, fear, terror, even to untold millions of citizens. Look around. Just look around.

The face of this inaction is smug silence. Indifference to the suffering. Indifference to the damage the "strategy" is inflicting.

The price of your strategy, Mr. Garland, is very high.

[hamsterjill]

99. This perspective has merit.

Smug silence explains a lot. And yes, we are all exhausted and disheartened. It’s just hard to grasp that it may be by design.

Why I stay angry so much of the time.

[MineralMan]

51. What an interesting thread...

[Ohio Joe]

58. I find these threads completely fascinating - nt

[MineralMan]

64. Yes, so do I. Probably for different reasons, though.

[jalan48]

53. Mitch McConnell and 19 other Republicans voted to confirm Garland. That should have been

a tip off as to what was coming.

[Ohio Joe]

55. So... You think he is a repug plant...

Was President Biden in on it or is he too stupid to see it?

[jalan48]

59. A plant? No, rather someone who didn't believe the DOJ should target a former President.

[Ohio Joe]

60. Really?

What is he doing with the 7th Grand Jury? You know... The one with several of the seditious conspirators testifying... Who is that Grand Jury going after if he is doing nothing?

[Grasswire2]

61. who, indeed?

And to what end?

They could be playing cribbage in the jury box, and humming silly songs.

You have no idea what the grand jury is doing.

[Ohio Joe]

65. Grand Juries are not convened to work downward in a mob case...

You think he has the three seditious conspirators testifying to work down? I may not know the exact targets he is going after with this one but I know it is looking upward.

[Grasswire2]

70. I don't know where you got that idea, or what you are talking about or...

...how you know ANYTHING about the work of the secret grand jury.

[Ohio Joe]

75. We do know things...

We know the first few GJ's indicted (and still are) the grunts. We know the next two went after OK/PB seditious conspirators. We do know the three seditious conspirators that DOJ have flipped have agreed to testify with this new GJ. We know DOJ is working this investigation like a mob case. So... Why not think the direction is still going up? I'm aware of no facts that say it is not... Are you?

[kacekwl]

97. All these proud boys and other

traitors "flipping" and testifying for plea deals. How long does it take to get your testimony on the record. If it isn't enough to convict some higher up then your flipping is worthless. Sit down put your story on paper and on video and be done. Doesn't seem to hard to me. Why are they given months to provide this ?

[Ohio Joe]

100. They are who we know is giving testimony...

They testify until the GJ has no more questions for them. We know they are testifying because it was in their cooperation agreement. We don’t know who else is or what evidence is being presented.

[jalan48]

62. Front line troops for sure. How about the higher ups, or are we still believing he's building a

case to get Trump, Meadows, Ginni Thomas etc. and it just takes time? Why do you think McConnell, who subverts the democratic process at every turn, voted for Garland? He had a brief moment where he suddenly believed in bi-partisanship?

[Ohio Joe]

67. The frontline troops already had their GJ's...

So did the seditious conspirators... In fact, three of them (and others) are cooperating with the GJ. In a mob case, the GJ's are convened in order going up, not down.

"Why do you think McConnell, who subverts the democratic process at every turn, voted for Garland? He had a brief moment where he suddenly believed in bi-partisanship?"

And President Biden is simply to stupid to see it? Garland gets confirmed no matter how they voted.

[jalan48]

73. I think McConnell voted to confirm Garland because he knew what he was getting.

Why do you think Biden feels any different than Garland about prosecuting former Presidents?

[Ohio Joe]

76. Because President Biden has shown nothing to indicate not going after TFG...

If the plan is not to go up, why flip the seditious conspirators and have them testify at the new GJ? They could have just had them plead out and not had the new GJ at all... Why bother with it?

"I think McConnell voted to confirm Garland because he knew what he was getting."

How does that make Garland suspect? As I said, he would get confirmed regardless.

[jalan48]

77. Well, numerous legal experts and some members of Congress have expressed concern about

Garland's lack of action, other than the low lying fruit. We're going to find out eventually and I'm sure some true believers will hang in there to the bitter end.

[Ohio Joe]

79. ahhh... I'm just a 'true believer'... Interesting...

I give you the facts of what is going on and you cannot refute them but... Somehow I'm the 'true believer'.

Fascinating.

[jalan48]

80. Okie dokie.

[ZonkerHarris]

56. Garland is worthless.

[treestar]

57. At this point the gas prices

are all anyone cares about.

[LetMyPeopleVote]

85. Eric Holder on indicting Trump

There are a large number in institutionalists in the DOJ and the govt. who have issues with the DOJ acting as a political organization. There is a reluctance to change the members of a past administration or a prior POTUS because that would make the USA look like a banana republic. I understand such reluctance and I was pleased to see former AG Holder's views on this issue

Link to tweet

I believe that TFG will be charged but only after a proper case if built. A number of the proud boys, oath keepers and other insurrectionists are not cooperating with the DOJ. This is how a case is built to get to TFG.

[JanMichael]

94. At least he can part his hair?

[Locutusofborg]

101. It takes as long as it takes

If the Department of Justice proceeds to trial before they are really ready and then they lose and Trump considers himself 100% vindicated what will all the nervous Nellies be saying then?

[Grasswire2]

103. ditto nt

[LetMyPeopleVote]

107. I trust Barbara McQuade on this

Link to tweet

[LetMyPeopleVote]

115. Grand jury is investigating TFG on the removal of classified documents

This is a start that makes sense. This matter can be unvestigste independent of the Jan. 6 insurrection

Link to tweet

[LetMyPeopleVote]

116. Professor Tribe is encouraged

Link to tweet

[LetMyPeopleVote]

117. Legal expert: DOJ believes there 'could be some level of criminality' in how Trump handled classifie

This expert is singing a different tune

Link to tweet

https://www.rawstory.com/elie-honig-doj-believes-there-could-be-some-level-of-criminality-in-how-trump-handled-classified-documents/

On Thursday's edition of CNN's "OutFront," former federal prosecutor Elie Honig walked through the significance of the DOJ convening a grand jury to examine former President Donald Trump's handling of classified information.....

"This tells me the Justice Department believes there could be — and I want to stress that, could be — some level of criminality here," said Honig. "As a federal prosecutor, if you're going to issue a grand jury subpoena, you can't do that based on nothing, you have to have what prosecutors call predication, which basically just means, some fact or belief that there has been a crime. It's a low bar, but it's not nothing."

"I think what prosecutors are going to be focused on here is that it is a federal crime to remove or destroy classified documents," said Honig. "We know the documents down at Mar-a-Lago were classified, but you have to show, A, a person knew they were classified, and you also have to show a person knew that was wrong. So that's where I think DOJ is really going to be focusing here on the criminal side of things."

The National Archives first confirmed Trump removed boxes of classified information to Mar-a-Lago in February. While the president is the top classification authority in the country, many of these removals may have occurred after Trump left office.

[Budi]

118. Thanks for the post. THIS is more than a gotcha.

It only takes 1 clear crime to bring down the boss.

This is proveable & its a bfd.