Merrick Garland hasn't done the specific thing you want because...

[Fiendish Thingy]

DOJ is busy doing the things they have to do first.

https://www.emptywheel.net/2022/11/14/merrick-garland-hasnt-done-the-specific-thing-you-want-because-doj-has-been-busy-doing-things-they-have-to-do-first/

The passage of the election has set off the Merrick Garland whingers again, people who like displaying their ignorance by claiming there has been no sign of progress on the investigations into Trump when (often as not) there were signs of progress that the whingers are ignoring in the last few days.

Yes. It has been almost a week since the close of polls last Tuesday. No. Merrick Garland has not carted Trump away in a paddy wagon yet (nor would the FBI, if and when they ever did arrest him).

Yes. We actually know why Garland hasn’t done so — and it’s not for want of actions that might lead there.

There are still known steps that have to or probably will happen before Trump would be indicted in any of the known criminal investigations into him. For those demanding proof of life from the DOJ investigations into Trump, you need look no further than the public record to find that proof of life. The public record easily explains both what DOJ has been doing in the Trump investigations, and why there is likely to be at least a several month delay before any charges can be brought.

The reason is that DOJ is still pursuing the evidence they would need before charging a former President.

Much, much more at link, with supporting links and evidence.

[Better Days Ahoy]

1. We need these rational, informative posts

To balance the "When, when, when?" every day.

[gab13by13]

3. When do you think a Trump trial will happen?

2025? 2026? Time is important, making fun of it is a mistake, it is Trump's strategy, he knows he is guilty.

[Better Days Ahoy]

8. Read my comment again for the answers

I clearly support your post's intention to cool jets and let the process develop.

I will not participate in useless hand-wringings about when Garland and the DOJ will act (read: NOT YOU). It is an exercise in wasted words. I will not contribute to the impatient stupidity by guessing like a contestant on a mindless game show.

I am not making fun of the process. I am FED UP with the "When, when, when" crap that others (read: AGAIN, NOT YOU) post incessantly.

I welcome support and explanation, as you attempted to provide so well.

[gab13by13]

2. I disagree why there will be no indictment,

Garland will not indict for at least 22 more days. When is the Georgia run off?

Any takers?

[Scrivener7]

4. 24 business hours.

[BlackSkimmer]

27. You got it. nt

[Fiendish Thingy]

7. GA has nothing to do with it

For the espionage charges, the Special Master disputes have to be resolved before DOJ can include the documents in their evidence for prosecution- that’s not likely to happen until January at the earliest.

For the January 6 charges, DOJ will almost certainly indict the coup architects and fraudulent electors first. Pence has a new book out, and I’m sure DOJ wants to get him in front of a GJ under oath, now that he has voided any EP claims with the disclosures in his book.

[gab13by13]

17. The people on Stephanie Miller

believe that Garland will wait until after Georgia for any indictments.

[msfiddlestix]

5. is this a statement from Marcie Wheeler? I used to respect her.

This remark knocks her credibility way down mightly in my view:

Merrick Garland whingers again, people who like displaying their ignorance

snarky, condescending and egregiously misplaced.

crossing her off my go to reading list for legal affairs

.

[getagrip_already]

9. Yeah, attacking dems used to be a non-starter here......

We can differ on opinion and not attack each other. Thatisn't what that post does.

It's offensive, condescending, and inaccurate.

Tfg and his minions have left a trail of crimes dating back to before his election, and even the innaugural funds thefts should be chargeable.

Then there are all the post potus crimes. 2 years should be long enough to build a case.

And nothing. The "give garland time" crowd may be right, but that doesn't make the "he won't be punished" crowd wrong either.

That op should be deleted.

[Fiendish Thingy]

14. Feel free to document any inaccuracies in my post or the linked article.

I won’t hold my breath, but the invitation has been extended.

Nobody’s attacking anyone at DU specifically, just pointing out that there are many, including TV lawyers, who are reacting without having complete information or understanding of the process.

[gab13by13]

20. I have a gripe about this;

Merrick Garland hasn't done the specific thing you want because...
DOJ is busy doing the things they have to do first.

What about the Trump crimes that Garland passed on?

"individual one"
10 obstruction of justice
tax fraud
The pro-Trump fake Cyber Ninja group of people.

Representing Trump, the office, against E. Jean Carroll because he believes that slandering her is an official duty of the president. Even a district judge disagreed with Garland's opinion.

[msfiddlestix]

23. You summed it up quite precisely.

No further elaboration is required here.. thank you.

[mcar]

32. I've been here since 2002

Attacking Dems, except during primary seasons, is pretty much SOP. Just read through OPs of the past month or so.

[getagrip_already]

39. 2007 here.....

But I see it somewhat differently. ymmv.

[SoBlueInFL]

10. ...and the "paddy wagon" comment stuck out. She should know better than to use a term r/o

so clearly rude to anyone with Irish heritage.

[Fiendish Thingy]

12. She lives in Ireland. Nt

[SoBlueInFL]

13. That's precisely why it's egregious.

[Fiendish Thingy]

16. Well, you can tell her yourself- the site allows for comments. Nt

[Treefrog]

38. So what? She's not Irish.

[Fiendish Thingy]

40. Feel free to register your complaint at her site. Nt

[msfiddlestix]

24. I didn't get past the other remark, but yeah you're riight. ty... n//t

[Fiendish Thingy]

11. That's funny, that statement is one of the reasons I respect her

With so much pressure from the Post-Truth (Pre-Fascism) movement to deny verifiable reality, I appreciate Wheeler’s total intolerance for willful ignorance.

If her opening statement turned you off from reading the rest of her post, then you willfully ignored a wealth of fact based information about the current status of the investigation and the required legal steps to move the investigation forward.

For those seeking to sort through all the noise , punditry and whining to understand what’s actually happening and what to expect in the investigations into Trump’s crimes, emptywheel is one of the best, if not the best sources out there.

But if you don’t like Marcie’s tone, beware, because her moderators are even less tolerant of willful ignorance and whining.

[msfiddlestix]

29. I wholeheartedly ignore insults from someone who should know better.

I

It's been long established we have two systems of justice. We've been watching it play out in real time all of our lives.

Nothing in that regard has changed one iota. Mind you, I didn't expect that to suddenly and completely change during the first two years of Democratic party leadership, nor the first 4 years.

Trump will not be serving time, he might get indicted for something or other, he may have to pay fines, but prosecuted to the fullest extent of the law is not going to happen. And it's high time we all understand that's not how this is going to go.

At some point down the road I totally expect Wheeler will be lecturing us that's what she meant all along.

[Fiendish Thingy]

33. Regular readers of emptywheel know that Trump escaping Justice is one of the possible outcomes

Just because Marcy outlines all the steps DOJ is taking, what to expect next in the legal process, and the most likely charges he will be indicted for, doesn’t mean she isn’t fully aware that, despite the best efforts of DOJ, Trump could walk away a free man.

But it’s not a given certainty that Trump will evade Justice, only a possibility.

Those who are certain Trump will escape incarceration may hold that belief because it’s too distressing to acknowledge the state of uncertainty and ambiguity the process is currently in.

[msfiddlestix]

51. Speaking for myself, I absolutely acknowledge the uncertity and the distressing impact that has,

not only myself, but in my view, given what we all have seen in plain sight, (televised for the world to see and which is recorded)
it is not only distressing and demoralizing for the nation, but is also effectively destabilizing.

I have perceived his very presence in the White House was quite desabilizing. It seemed for a hisstorical minute the results of the 2020 election with a stable, common sense, decent human being that Biden is, gave us a little bit of a breather to right the ship in a manner of speaking. But we cannot forget January 6, or pretend that the cause of that horrific day is no longer a simmering threat ready to explode at any time once again.

It's all good and well to round up the crazy foot soldiers, but they were just taking orders from their psychotic leader to whom these foot soldiers are so deeply loyal to.

Unfortunately, in this country it has been the case for kind of ever, that the wealthy and the powerful do not face criminal consequences that result in being locked for their crimes that were done in plain sight. It has happened on occasion, but those were too few and rare.

And we know this, we just hoped this time it would be different. And those of us who expressed disappointment are called out as whigners. well. all I can say is shame on those who do.

[triron]

54. If Trump is not indicted soon I have lost any credence in DOJ justice.

It is a farce.

[Pantagruel]

6. Excellent review of the legal challenges

Thanks, but the Garland gripers will ignore it.
Impatience trumps diligence every time.

[Chainfire]

15. Actions not words.

Wake me when there is a Trump mug shot.

[Mosby]

18. How much money has been spent on lawyers?

The system is beyond fucked up.

Trump will probably be charged by 2030 for something, after the lawyers pocket 100s of millions of our money.

Fucking joke.

[lees1975]

19. I believe the crimes uncovered by the Mueller investigation, evidence categorized and filed

are still on the table too.

"I could shoot someone in the middle of Fifth Avenue and get away with it."

So far, he's batting 1000.

[gab13by13]

21. Nope,

the statute of limitations has expired for "individual one," and the obstruction of justice crimes.

Time matters.

[msfiddlestix]

30. Indeed.. ty

[hamsterjill]

53. Weissman has been adamant that Garland needs to

Go forward with prosecution. If anyone would know, Weissman should know.

[newdayneeded]

25. I agree.

I posted on another thread that there'll be a joint news conference tomorrow, trump and Garland. Trump will announce he's running, then hand the podium over to Garland who will announce it not being right to indict a presidential candidate.

[Fiendish Thingy]

34. Do you understand that currently DOJ can use *NONE* of the MAL docs as evidence?

Not until their appeal to the 11th circuit regarding Cannon’s Special Master is resolved.

And if you think seditious conspiracy charges related to January 6 are a “slam dunk”, I refer you to the history of failed seditious conspiracy prosecutions.

[Mr.Mystery]

44. I never thought the Jan 6th scandal has any legal legs.

All Trump did is talk.

You can't arrest him for talking.

The stolen secret documents on the other hand is proof positive. See Sandy Berger . . .

[Fullduplexxx]

26. They have trump on tape asking a s.o.s. to rig an election

Finding trump with top secret files And Trump admitting to it ... etc...

[lees1975]

28. It seems a lot of things are backward here.

When a crime is committed, the suspect is arrested and charged, and held until they post bond, unless they're a flight risk, then they're just held. Then they get a speedy trial and a sentence if convicted or freedom if they're not. But in this case, we're waiting around for some kind of case to be made before there's an indictment.

Isn't Bannon, convicted, still walking around free, out until his appeal is resolved? That's backward, too. He should be in prison until his appeal is rejected. Time served.

I'm still hearing all of these exceptions and phrases about "charging a former President." He's a private citizen like me. I don't care if he was King of Fantasia, he's not above the law. Arrest and indict him and then figure it out while you're holding him for trial on flight risk.

[Fiendish Thingy]

35. Look up Joshua Schulte

It took 3 years just to indict him for espionage, and another 2 years to convict him.

Your notions of a “speedy” trial and holding someone without bond don’t match up with reality, for anyone.

[lees1975]

42. If that's the time frame we're looking at here, then

might as well write this off and move on. He wins.

[Mr.Mystery]

45. +1 nt

[kacekwl]

49. Exactly.

Exactly, so very frustrating and unfair to the country.

[kansasobama]

31. Because he is weak and wants to run out the clock

He is mulling this and that. He will spend time mulling.

[maxsolomon]

36. There aren't going to be any indictments.

It's too fraught.

[Fiendish Thingy]

37. Something is definitely "too fraught"

But it ain’t Garland or the DOJ.

Those who cannot tolerate ambiguity resort to certainty for comfort.

[maxsolomon]

41. I'm predicting that there won't be any indictments.

Not even for the NARA Papers scandal.

It doesn't comfort me at all.

[Trenzalore]

43. If it is done it has to be done right

This is something you triple check before you do it.

[Mr.Mystery]

46. On the other hand, perfection is the enemy of the good.

If you want the "perfect" case, don't go into law enforcement.

[fightforfreedom]

47. If Trump is indicted I expect the naysayers will then say this.

Trump will never be convicted, no way, I believe it when I see it.

Thanks for your post. Some people will never understand the investigations are not completed yet. They don't understand the J6 investigation is the largest investigation in our history. They don't understand the investigations have not been taking too long. It seems like a long time but it isn't. Some investigations take years, that's how our system works.

[LuckyCharms]

48. When you cook a Thanksgiving turkey, here are two possible scenarios.

1) You undercook the turkey and your dinner guests get food poisoning.

2) You let the turkey cook the full amount of time that is needed so it is cooked to perfection, tastes great, and can be safely consumed without getting sick.

You do not serve an undercooked turkey just because your dinner guests are getting a little hungry.

You don't criticize the cook because the turkey is taking a bit longer to cook than you wanted it to.

Merrick Garland has not said "dinner will be served promptly at 200PM".

Garland will serve the turkey when it is ready to be served.

[kacekwl]

50. You also don't put the frozen turkey on the counter

2 hours after the guests arrive so you have to wait an extraordinary amount of time to begin to even think about cooking it. Culinary professionals should know better.

[LuckyCharms]

52. Well, I could also say that...

someone who has never boiled water should not tell a Culinary professional how to cook a turkey.

We have no idea as to the extent of Garland's investigation(s).

We have no idea where the investigations are leading, or if any traps are being set for others.

Even DU legal professionals do not know.

When it comes to the specifics of the investigation(s), we are all amateurs and should not be making wild assumptions as to what Garland is doing.

In other words, we are all clueless as to the depth and breadth of the investigation.

[lame54]

56. But if it's not done till Dec 3rd you will be eating alone

[EndlessWire]

55. For awhile there, there were several actions

by DOJ that seems to have laid a foundation for another search warrant. I am hoping for that.

I don't think that Garland will let any Trump run for the Presidency affect an indictment of Trump at this point. Everybody knows that we will not allow that without sharp, pointed, loud criticism of Garland. Failure to indict after declaring that no one is above the law will be devastating to Garland. So, I think we are only talking about timing.

We are not done with Midterms yet. I'm talking about the House race, not the Georgia run off. I don't care about the Orange Turd's announcement that he is going to spend someone else's money in an effort to avoid indictment. The indictment can be used to disrupt Trump's entire campaign; as his "team" runs from court to court, a properly timed indictment can destroy continuity, debates, rallies, etc. The MSM will be intensely interested in that development and will ask him endless questions over it having nothing to do with a potential Presidency.

Forget the MAGA trash. There's nothing they can do about an indictment. We may not get him on J6 grounds, but the guy has acted as a spy, and he deserves to be in jail on pretty clear evidence under espionage statutes.

The 11th Circuit is still in action, and Dearie is still in action. In a way, they are working to clear out the weeds in our favor the same as any Court would have to do to make decisions if Trump were already indicted. This is a freebie. This is a test of Trump's defense. He has failed so far. He has nothing to justify his theft, and at some point he'll pivot and attempt to make a deal.

I wonder who he sold those documents to...the only deal I'd like to see is him leaving the country never to return.