General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsFFS, Garland is NOT "punting", "delaying" or "scared"
Merrick Garland is a methodical, principled, ETHICAL public servant with a respect for the US Constitution and Legal ETHICS.
He is not a Trump-style political hack who shoots from the hip.
He is not going to take any shortcuts on prosecuting a gangster like Trump and risk an overturned prosecution on technicality.
He is taking the best, most appropriate next step for ensuring that a prosecution of Trump happens and STICKS.
Elessar Zappa
(16,385 posts)calimary
(90,011 posts)Cha
(319,067 posts)ever listened to the naysayers.
Probatim
(3,285 posts)Or someone has wrecked the entire process to come up short?
Sometimes I think the whole idea is to disenfranchise all of us.
I'll do what I can to maintain hope but it's getting tougher and tougher.
getagrip_already
(17,802 posts)I don't see how that is the right choice.
BlueCheeseAgain
(1,983 posts)getagrip_already
(17,802 posts)He doesn't have a staff yet or even an office. He will need to be read in to every investigation. He will need to vette every piece of evidence and re-interview every witness.
He will also need to form a grand jury and begin to present evidence.
This is something existing prosecutors should have been doing, but now he will have to re-do.
Even if existing prosecutors familiar with the cases are transfered to him, it will still be a long delay getting to a place where he can make a move.
It is a slow and tedious process, and now it starts all over again.
BlueCheeseAgain
(1,983 posts)It seems more logical that he would take over the existing investigations. And why would they need to re-interview every witness. Surely depositions are still valid.
wnylib
(26,008 posts)Smith said in an NPR interview that there will be a very minimal delay because a grand jury has already been reviewing evidence and Garland has laid the groundwork.
Smith's experience will allow him to pick up where Garland leaves off.
Here is Smith's background:
https://en.m.wikipedia.org/wiki/Jack_Smith_(lawyer)
Thomas Hurt
(13,982 posts)even though it doesn't matter who is appointed the Pig will squeal and squeal and sue and appeal, and appeal.
FalloutShelter
(14,462 posts)Special counsel will bring evidence to the grand jury who will decide whether to indict. This should mean the investigation phase is over. Time to present the evidence.
There is no need for a Special Counsel if they are not readying charges.
gab13by13
(32,317 posts)who were killed because of the stolen top secret documents.
AZSkiffyGeek
(12,744 posts)Oh, right, you don't know because
a) you don't know what was stolen and
b) you don't have the clearance to find out.
FoxNewsSucks
(11,698 posts)MF45 compromised our assets before, and our allies'. Why wouldn't he do it again?
ProfessorGAC
(76,693 posts)How does that work?
secondwind
(16,903 posts)Bernardo de La Paz
(60,320 posts)LexVegas
(6,959 posts)Happy Hoosier
(9,533 posts)It means likely no decision until next year, and maybe not then. The closer we get to 2024, the less likely there will be indictments. That's very frustrating.
Nevilledog
(55,078 posts)I do not take this as a power move, but I'll change my mind if someone good is appointed.
I'm not holding my breath.
UTUSN
(77,795 posts)
Nevilledog
(55,078 posts)I wanna know how this impacts the case in front of Cannon and the 11th Circuit
walkingman
(10,860 posts)Silent3
(15,909 posts)Fucking hilarious, in fact
Nevilledog
(55,078 posts)Link to tweet
Ryan J. Reilly
@ryanjreilly
·
Follow
NEW: Hague prosecutor and former DOJ Public Integrity Section chief Jack Smith named special counsel in Trump probes.
nbcnews.com
Attorney General Merrick Garland names special counsel in Justice Dept.'s Trump probes
Garland is expected to make the announcement on Friday afternoon.
12:23 PM · Nov 18, 2022
Never heard of him.
ok_cpu
(2,242 posts)who very well be making a charging recommendation to whoever 2025's version of Bill Barr is.
Nevilledog
(55,078 posts)ok_cpu
(2,242 posts)We're already on the clock for it being too close to the election.
This feels like an all-in bet that he won't win the nomination. If he does, he walks.
Response to Silent3 (Reply #13)
uponit7771 This message was self-deleted by its author.
uponit7771
(93,532 posts)agingdem
(8,843 posts)Last edited Fri Nov 18, 2022, 04:03 PM - Edit history (1)
Garland understands he's has to get this right...unambiguous, incontrovertible proof and the Federal statutes to backup the evidence...
iemanja
(57,757 posts)There is nothing defensible about this move. His job is to prosecute federal crimes.
claudette
(5,455 posts)never heard that this would be the next step? Your defense of Garland is admirable but I think he has catered to the maga world. Im sick about it
AZSkiffyGeek
(12,744 posts)I don't remember if it was "if Republicans take Congress" or if it was "if Trump announces he's running for president" but there was plenty of discussion about this.
claudette
(5,455 posts)It
ok_cpu
(2,242 posts)but the time to appoint an SC was 12-18 months ago.
I don't believe an SC is necessary to bring charges and there is nothing, including reanimating Abe Lincoln to run the investigation, that will legitimize it in the eyes of MAGA.
It's hard to see what it serves other than kicking the can down the road.
happy feet
(1,278 posts)He could have maintained his principals and ethics and continued the investigation --- he said wherever the law leads to.
NOTHING will appease the right wing. They will continue to say the investigation is politically motivated. EOM.
and btw: TFG has admitted to taking the documents - almost 2 years ago. and he still has some illegally in his possession. FFS. What happened to looking out for the security and best interests of we the people and the U.S.
Autumn
(48,961 posts)oxymoron
(4,079 posts)He could have appointed a special counsel months ago. This is most certainly punting and many prosecutors agree.
Nevilledog
(55,078 posts)Link to tweet
MSNBC
@MSNBC
·
Follow
Official
.@FrankFigliuzzi1 on special counsel:
"I understand why this is happening, but yet I don't agree... we either have a DOJ capable of doing its job under the the most difficult, challenging of circumstances, or we don't." https://msnbc.com/live
Watch on Twitter
12:30 PM · Nov 18, 2022
uponit7771
(93,532 posts)BlueCheeseAgain
(1,983 posts)... it's imperative that there's no conflict of interest. It shouldn't be seen as Biden's executive department investigating his political opponent.
uponit7771
(93,532 posts)BlueCheeseAgain
(1,983 posts)I do think it's reasonable to communicate to everyone else-- Dems, independents, and rational Repubs-- that this is being done independently of any political considerations. And if, as Garland says, that it won't slow things down, I guess there's no real harm.
uponit7771
(93,532 posts)We'll see, looks like TFG is being used as a football
Emile
(42,281 posts)UTUSN
(77,795 posts)brooklynite
(96,882 posts)(sarc)
HelpImSurrounded
(560 posts)NewHendoLib
(61,857 posts)we just will never, ever learn.
HelpImSurrounded
(560 posts)...we aren't fascists
Silent3
(15,909 posts)...that have nothing to do with protecting the rights of the accused, and everything to do with mere appearances, taken far beyond what's truly necessary for ethical prosecution.
HelpImSurrounded
(560 posts)Silent3
(15,909 posts)...I guess you'll just have to recommend that they be disbarred for not having your deep understanding of the subject, huh?
I'm sure there are plenty of lawyers, however, who happily agree with any policies and procedures that guarantee then years and years of well-paid work.
HelpImSurrounded
(560 posts)The MSNBC commentator, for example, is a former FBI counter-intel guy so he is used to working in a system of "shortcuts" for "national security" reasons (e.g. secret warrants). Prosecuting Trump is a RICO action and requires the most intricate and precise work.
To follow your logic, there are plenty of other lawyers, like me, who agree with my take on the matter.
BlueCheeseAgain
(1,983 posts)... well, that's why you need a special counsel. The DOJ is not supposed to be on anyone's side.
BWdem4life
(3,003 posts)He's the one holding the football and pulling it away.
lame54
(39,758 posts)orleans
(36,912 posts)
onecaliberal
(36,594 posts)treestar
(82,383 posts)Things seem so simple when it's not your job. People need to think about what they do, and what if someone wanted them to do it in an amount of time they considered unreasonable?
Cha
(319,067 posts)Just A Box Of Rain
(5,104 posts)This is the necessary next step to being making indictments and prosecutions.
JCMach1
(29,201 posts)Not falling for the whole trust the special prosecutor routine again...
Note, I have not criticized Garland up to this point...
I feel there is very good reason to now.
Angleae
(4,801 posts)Just like Mueller. Just like Fitzmas.
yobrault1
(204 posts)I have tremendous respect for him.
ancianita
(43,307 posts)Generic Brad
(14,374 posts)Rather than complain about this development, take a moment to step back and observe how publicly frantic he is over this. If Trump is crapping his pants in fear and anger for all to see, I would venture to guess this is a positive development.
RockRaven
(19,365 posts)But we can revel in the moral superiority of doing so by the book.
Hekate
(100,133 posts)
sent there and now, its coming to him, in the person of Jack Smith.
Right?