The DOJ Must Prosecute Trump (The Atlantic)

[Nevilledog]

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"The damage to America’s future that would be inflicted by giving him a pass far outweighs the risks of prosecuting him," Donald Ayer, Stuart Gerson, and Dennis Aftergut write:

theatlantic.com
The DOJ Must Prosecute Trump
The January 6 committee has provided overwhelming evidence that the former president was not some bit player along for a ride, but the central driver of a nefarious plot.
3:35 PM · Jul 14, 2022

https://www.theatlantic.com/ideas/archive/2022/07/prosecute-trump-january-6-doj/670511/

No paywall
https://archive.ph/wVWfV

After seven hearings held by the January 6 committee thus far this summer, doubts as to who is responsible have been resolved. The evidence is now overwhelming that Donald Trump was the driving force behind a massive criminal conspiracy to interfere with the official January 6 congressional proceeding and to defraud the United States of a fair election outcome.

The evidence is clearer and more robust than we as former federal prosecutors—two of us as Department of Justice officials in Republican administrations—thought possible before the hearings began. Trump was not just a willing beneficiary of a complex plot in which others played most of the primary roles. While in office, he himself was the principal actor in nearly all of its phases, personally executing key parts of most of its elements and aware of or involved in its worst features, including the use of violence on Capitol Hill. Most remarkably, he did so over vehement objections raised at every turn, even by his sycophantic and loyal handpicked team. This was Trump’s project all along.

Everyone knew before the hearings began that we were dealing with perhaps the gravest imaginable offense against the nation short of secession—a serious nationwide effort pursued at multiple levels to overturn the unambiguous outcome of a national election. We all knew as well that efforts were and are unfolding nationwide to change laws and undermine electoral processes with the specific objective of succeeding at the same project in 2024 and after. But each hearing has sharpened our understanding that Donald Trump himself is the one who made it happen.
Quinta Jurecic: The January 6 committee is going to have the final word.

As former prosecutors, we recognize the legitimacy of concerns that electoral winners prosecuting their defeated opponents may look like something out of a banana republic rather than the United States of America; that doing so might be viewed as opening the door to prosecutorial retaliation by future presidential winners; and that, in the case of this former president, it might lead to civil unrest.

*snip*

[Mme. Defarge]

1. That would be a scary jury

to serve on.

[Slammer]

29. traumatic

Yeah, you might fall down the stairs and die of blunt trauma....

[BlueIdaho]

2. I hope Garland is reading the Atlantic... nt.

[nuxvomica]

3. The whole article is a good summary of the case against TFG

DOJ could use it as a roadmap.

[brush]

4. If the DOJ doesn't prosecute it'll be like a not guilty...

verdict and trump will run again in '24 and will win while sneering and laughing all the way.

End of Democracy and America as we once knew it.

[sop]

17. Failing to prosecute Trump will only strengthen him in the eyes of his followers.

Trump's 2024 campaign will focus on retribution and punishment; his bloodthirsty hordes will eat it up.

[Justice matters.]

5. K n R n Bookmark

To read later.

[uponit7771]

6. Woodward reported this morning the DOJ is having a debate about that. WTAF ?!!?

[Chin music]

9. Now?

The decision should be made by now.
Nothing is going to happen w doj I think. Another week gone. The foot dragging is working.

[uponit7771]

10. +1,

[brush]

21. Now? Exactly. The DOJ, with it's far greater resources, should've been ahead...

of the J6 committee in investigating the trump cabal's obvious criminal activities. Garland's slow judicial and deliberative manner is perhaps not the right temperament for the nation's top prosecutor.

[Chin music]

22. +1z

And how.

[dalton99a]

7. It is time for the lifelong criminal to experience some consequences

[DLevine]

11. If they don't, kiss what's left of our democracy goodbye. nt

[triron]

15. Right about that!

[kentuck]

12. World's greatest control freak...

He would be in charge of everything.

[EndlessWire]

13. If the Orange Turd is allowed to walk free

if he is not prosecuted for the insurrection, then our democracy is finished. There will be no kidding ourselves. There would be two systems of justice: one for those above the law, and one for everyone else.

The DOJ needs to man up, get their cards stamped, and show a pair. To not prosecute Trump et al would be the same as saying that the election was stolen (even though it wasn't.) And, turning Trump and his minions loose on America is just the grimmest of prospects for all of us, as well as the rest of the World.

I don't get it. The DOJ's responsibility is to prevent and prosecute CRIME. It isn't to decide if we can survive a Civil War. Do your job, DOJ, or get out of the way.

I think that some of this is just more smearing of Garland--but, the clock is ticking. The time for being patient is coming to an end. If this is going to turn out like the Mueller Reports, then there is not much to say about our democratic system of justice. Donald's prediction of being able to shoot someone on the Avenue and get away with it will come true, only the "person" will be our country and way of life.

[triron]

16. Even worse than that

[XanaDUer2]

14. The doj is worried about what?

Trump supporters taking to the streets?

[sop]

18. Pardon my complete cynicism, but I believe the main consideration is purely financial.

The Masters of the Universe are afraid the ensuing political instability might "roil the markets."

[XanaDUer2]

19. You know

You're probably right. They're the only ones that matter, anyway. I'm so sick of this fucking country

[getagrip_already]

20. garland has an out - if he wants it.... appoint a special council

He can do that if doj has an internal conflict of interest which would interfere with an investigation.

Sounds like this qualifies. They get their own staffs, their own investigators, and can impanel their own grand juries.

But he has to want to.......

[ancianita]

23. OR ELSE Garland and the DOJ will have broken their oaths to protect and defend the Constitution.

But we've got to be patient. We likely won't know what the DOJ will do until after next week's wrap-up prime time Jan 6 hearing; and not until after the Jan 6 Committee has made criminal referrals.

Meanwhile Laurence Tribe ought to have a sitdown with Garland.

And Biden ought to check in on Garland's timeline on this.

[UTUSN]

24. K&R

[Laura PourMeADrink]

25. As much as I want them too.... Evidently actual criminal hard evidence

must not be there Unless J6 just playing coy not to disclose it. Although if they knew DOJ on the case, why would they be so leery to share info?.

We can contort ourselves and believe something's gonna happen. Like we usually do

I would give it a 30-70 possibility at the most.

[Nevilledog]

26. People are charged, prosecuted and convicted every day on less evidence.

And I say that as an attorney with 27 years experience in criminal law.

It's not the evidence that is keeping him from being charged.

[Laura PourMeADrink]

27. Ok. That's what they're exuding imho. I posted something

Recently and got dissed because of who said it... But the point was that they were disappointed that there wasn't any hard evidence of a trump ally contacting a fringe insurrectionist group. Yet it was reported that *think* Proud Boy said that they taped Stone calling. So there's that. You don't think we need that nexus? Thanks for your wisdom!!!

But to your further point... Can't say it here but get the point loud and clear if there are no indictments.

[Nevilledog]

28. He had so many crimes he could be charged with...

Mueller gave Garland 10 counts of obstruction which he declined to move on.

There's all the financial crimes in NY

Georgia

That's above and beyond January 6th.


I recommend this article, and it's from February, so just think of all the other evidence we've learned since then

United States v. Donald Trump
A "Model Prosecution Memo" on the Conspiracy to Pressure Vice President Pence

https://www.justsecurity.org/80308/united-states-v-donald-trump-model-prosecution-memo/

[Quanto Magnus]

30. This is so well put together

I do not think DOJ is going to do anything though...

[Stuart G]

31. i Think it is a question of...."TIMING"............. NOT WHEATHER OR NOT TO INDICT.

....My opinion only...Perhaps after the last hearing of the committee, then they will indict....Maybe..??

...Timing is often the only way to present the important facts. When announced ...Why? Once the indictment has
been decided, then (yes, I think it has already been decided, my opinion only) then the next question is...TIMING.

Often timing is everything, Sometimes it is nothing.................So we will see ...The evidence is clear as stated in
the Original Post. It is not a question of if, THE QUESTION IS "WHEN TO INDICT."....(my opinion only)...