Elie Mystal: The Department of Justice Is Letting the Coup Plotters Get Away

[Nevilledog]

Link to tweet

Tweet text:
Elie Mystal
@ElieNYC
Can somebody tell me why @RollingStone has asked more questions about who helped domestic terrorists invade the Capitol than @TheJusticeDept?
Garland seems only interested in low hanging fruit, NOT holding the powerful accountable.
My latest in @thenation

The Department of Justice Is Letting the Coup Plotters Get Away
While Congress is investigating the events of January 6, why isn’t the DOJ doing the same—and more?
thenation.com
8:42 AM · Oct 26, 2021

https://www.thenation.com/article/politics/january-6-justice/

*snip*

The failure of the DOJ to investigate the planning of the putsch is all the more shameful given the publicly available evidence that the insurrectionists may have had help on the inside. For instance: the people who sacked the Capitol made a beeline for the Senate parliamentarian’s office. Pictures after the putsch showed that the office had been ransacked. The location of that office is not obvious; it’s one of those places that is hard to find unless you’ve been there before. But the insurrectionists somehow got there and began looking for the hard copies of the electoral votes that Congress was meant to certify that day. Had they gotten their hands on those votes, even for a moment, they would have broken the chain of custody of the Electoral College count and at least delayed the certification of the election, as was their goal.

It strains credulity to think that a bunch of white supremacists and shamans knew precisely where to go and what to look for on their own. At the very least, a thorough criminal investigation of events would seek to uncover where these people got their information. It would look into claims that tours were given beforehand to eventual insurrectionists. Congress can piece together events, but the DOJ and FBI are not supposed to wait until the political branches get it together before investigating and prosecuting people for crimes.

Garland, quite simply, does not appear to be doing his job and bringing the full force of his office to bear on this investigation. He seems to be punting the issue, leaving it to congressional oversight instead of criminal prosecutions. He seems content to prosecute the low-hanging fruit, instead of holding the powerful accountable for their actions. But Garland, the DOJ, and the FBI have a duty to prosecute those responsible for the attack on our Capitol, not just those who carried out the plan. Why aren’t they doing that?

History will ask these questions of Garland and the Biden administration, but this dereliction of duty must be answered for in real time. Because if people like Gossar and Greene had something to do with the failed coup and they are not punished for it, they will simply try again. And again. Until they finally get the violent overthrow of democracy they want.

*snip*

[lagomorph777]

1. And he's letting the low-hanging fruit fall on the ground and rot.

Most of the terrorists who executed the plot are walking free, many not charged at all, or charged with littering.

The plotters? Forget it. They are working overtime; they will win in the end.

History will not ask questions about Garland because history is written by the winners. Garland (and democracy) will not be among the winners.

[triron]

5. Yep. Garland is another 'Neville Chamberlain'. DOJ needs a 'Winston Churchill'.

[Hortensis]

42. Bunch of NOTHING. This guy knows the DoJ keeps its secrets.

At least one hopes. And they're not talking to him.

The Rolling Stone's business is selling papers. As is this agitator's, who's trying to pretend he has something to say.

Find one sliver of information that he's turned up through research and contacts, the way Rolling Stone has. There's not even any rotting, low-hanging fruit gathered and offered.

[blm]

2. Garland has judicial temperament not prosecutorial aggression.

Right now, I believe the nation needs a tough prosecutor at the helm.

[cilla4progress]

12. This, exactly.

SMDH. And I'm sure a lot of others (Biden, Obama, etc.) are as well. I am reading this from Laurence Tribe, John Flannery - not hair on fire folks.

Trying hard not to give up ...

[Fiendish Thingy]

26. Except he's the one who prosecuted Timothy McVeigh and others involved in the OK bombing. Nt

[NurseJackie]

40. Good reminder!

[blm]

49. Tim McVeigh's case was clear cut.

This one is riddled with every type of land mine that exists on the political landscape.

[uponit7771]

54. Trump incited the rally goers to break the law period, if he wasn't rich, white, male, hetero and

... claimed Christian he'd be in jail by now.

If the J6 assholes were anything but white 70% of them would've been burned alive the other 30% would've been thrown in jail with chard bodies.

I've seen this before, the DOJ acts different if the crime is committed be different players

[PortTack]

3. Disagree! We do not know what's going on at the DOJ and the media along with those that bash

Are doing a disservice!

It takes time to build cases!

[AZSkiffyGeek]

4. You'd think that a justice correspondent would know these things

But they probably do, they're just trying to gin up outrage for clicks and page views.

[Grasswire2]

10. LOL

I guess that was very subtle satire?

[triron]

7. I think you are wrong. Garland is doing nothing.

[PortTack]

14. And you know that how?

We are just now seeing the rioters from Charlottesville coming to justice...and how long has that been?

Much worse to jump in without a rock solid case and lose..now that would be devastating!

[Ray Bruns]

28. What is going on in Charlottesville is a civil trial, not criminal.

And that was brought by the victims, not the DOJ.

[PortTack]

53. Civil trial or not, my point is it takes time!

[True Blue American]

39. At least 2 years. People are making accusations. Garland is following the law.

[msfiddlestix]

8. The cases were already built in real time, in front of all of our eyes.

Denial of Reality is in fact another form of Enabling.

But only more dangerous.

[TwilightZone]

23. That's not how the justice system works.

At any level. You don't just show the judge a video and ask for a sentence.

[msfiddlestix]

41. right, as if that is precisely what is meant.

kind of missed the point on purpose..


remember that in 2022. 2023, 2024 and then finally in 2025 when tfg becomes re-installed. cuz he could campaign without being touched by the DOJ or the FBI or any other entity.

Because Justice doesn't work.


at the end of the day. denying is enabling.

[cilla4progress]

13. Well, they need to be aware of momentum,

politics, what this looks and feels like. Folks losing hope out here.

Only considering the long game is part of what got us here. New world. Not Mueller's world. Do we not learn?

Hell - way things are going there will BE no long game!

[Arazi]

18. I'm as alarmed about Merrick Garland as Adam Schiff

And he's mighty alarmed

[SergeStorms]

24. I agree, PortTack.

We have no idea what they're investigating in Justice. And the DOJ isn't a monthly magazine running small bits of the entire picture. They have to put together the entire case, from start to finish, with all of their i's dotted and t's crossed.

Rolling Stone gave as a spectacular hint of the entire story. Then they quit, and they'll move on to another spectacular story.

The DOJ has to put everything together with no mistakes. None. That takes longer, a lot longer than most people would like.

There haven't been any leaks from this Justice Department, unlike Barr's leaky ship. We won't know what this Justice Department has until they have everything, and the Trump cabal should be very worried about that. 😁

[lame54]

30. Well, that's the problem...

Were left with faith and trust that something is happening

But what if it's not and all that precious time is
lost

Updates are more than fair
In fact they are necessary

[uponit7771]

55. +1

[dalton99a]

6. It's horrible what McConnell did to Garland in the Senate, but Biden should have picked someone else

for the DOJ position

[Walleye]

9. Sally Yates

[Alexander Of Assyria]

21. Totally believe that the former leading candidate for SCOTUS and former judge of 25

years and prosecutor, was and will to be, on this and many more issues in the next many years, faithful to the law as an independent holder of the office

[BlueJac]

11. I can't watch it anymore...

Stand still politics on prosecuting the planners of Jan 6. People are going to lose faith in the process when seeing month after month past with little being accomplished. The traitors are planning and reloading while time is whizzing away!

[blueinredohio]

15. I am losing faith very fast. Almost at the point of fuck it all.

[Hugh_Lebowski]

16. I think we have to consider the possibility that we (and this author) think laws exist

that do not actually exist.

"Had they gotten their hands on those votes, even for a moment, they would have broken the chain of custody of the Electoral College count and at least delayed the certification of the election, as was their goal"

We THINK that, well ... it MUST highly illegal to 'plot' to instigate other people to do something like this, even if they failed at accomplishing it, right?

But if you think about it for a minute longer ... are you sure there's a (prosecutable) law that covers this?

Maybe the real problem here is there's actually not?

If people had actually done so, then those particular people would've most definitely broken a defined law. I'm not as sure about the case against 'plotters' esp. when the attempt failed.

[Alexander Of Assyria]

20. An attempted crime, say murder or sedition, is still a crime. Always been that way.

[Hugh_Lebowski]

34. Just because there are some crimes where conspiracy to commit it is a crime

does not mean every possible crime is like that.

[harumph]

22. I'm willing to be patient with the process -

but you have a point. We may not have laws per se, that are able to cover this - and if we do,
the standards of evidence may be too high (unattainable). That said, if nothing is done to
hold those accountable, stick a fork in it. We're done. It
means that we all along a stupid fucking country designed to maintain a caste system that lacks the
wherewithal to protect itself from white privilege and wealth privilege, and lacks the wisdom
of a ruling class that understands we all have to pull together. I'm white - but by no
means affluent and this is telling me and my children to basically go fuck ourselves and
be happy to live in fucking "serf nation." I'm already making my kids learn second languages.
If 1/2 the senate were literally on fire - I wouldn't piss on their heads to put it out.

[3825-87867]

27. Half PLUS Two!

!

[lame54]

32. Conspiracy is a crime

[Hugh_Lebowski]

36. What I'm saying here is the crime itself is so specific to begin with

And they did not succeed ... I think there's a chance the DoJ has determined there's no specific statute that's prosecutable against 'the planners' if they weren't actually present at the break-in.

THERE SHOULD BE, to be very clear.

But I'm considering the possibility that there's actually not.

And definitely possible they don't think the evidence is strong enough to make a case.

[Farmer-Rick]

44. A group of people getting together frequently to plot attacks on the Capitol

In order to stop Pence from counting the electoral votes, is a crime. They, willingly got together and planned for the protesters to disrupt the fulfilment of law and constitutional requirement. They should have been loyal to the Constitution of the United States as it says in many of the plotters' oath of office.

Trump himself said he wanted the rioters to stop Pence from certifying and counting the electoral votes.

This is levying war against the United States. These were people who were expected to be loyal to their country. They did it willingly. They planned to stop a legal requirement. They brought weapons and used violence. The plotters ensured a large group had gathered in order to stop the law from being fulfilled. It is treason clear and simple.

There is a law against it. It is in the constitution. It is Levying war against the United States. It is treason.

[Hugh_Lebowski]

48. If they'd killed US Military personnel, then I'd see your point about treason

but they fought the Capitol Police. That's different from levying war vs. the USA.

What I'm saying here is it SEEMS like being involved in plotting this was a crime, WE all think it was.

But I'm not sure there's an actual applicable legal statute here that would apply to the 'plotters'.

The question of 'loyalty to the US' and 'oaths of office' are great points for why congresscritters should be expelled, but that's not an inherently criminal matter.

And the 'they' you're talking about wrt weapons and violence ... is not the planners, it's the rioters. And I frankly think it's unlikely the planners urged them to bring weapons and engage in violence, at least not in a provable way.

[Farmer-Rick]

50. I see your point

And thanks for your explanation.

But alot of people think levying war against the United States has to involve battles and foreign countries but that is not the case. The standards for levying war are specific. It has a specific legal definition.

"The elements of treason are the same under state and federal law:

-the defendant owes allegiance to the government,
-and the defendant intentionally betrays that allegiance by
either:
-levying war against the government, or
-giving aid or comfort to the government's enemies."

"Levying war isn't limited to formally declaring war. It includes any forcible opposition to the execution of a public law Such "forcible opposition" ordinarily requires actual use of force by multiple people with the common purpose of preventing some law from being enforced. Weapons aren't always required; sheer numbers can be enough.

Merely conspiring to overthrow the government isn't levying war—there must be an actual assemblage of people who are ready and intend to use force. So, no person acting alone can be guilty of levying war."

https://www.criminaldefenselawyer.com/resources/treason.htm

And good to know there is no statute of limitations on treason. They will always have this hanging over their head considering how well documented and recorded their actions were....unless of course someone actually charges them with treason.

[Hugh_Lebowski]

51. Okay ... then by that definition ... this was treason ...

https://news.yahoo.com/injustice-must-stop-protesters-block-194713967.html

Interesting, though, that the organizers HERE were arrested, isn't it?

Not for treason though

[bullwinkle428]

17. Thomas Sibick, assailant of Officer Mike Fanone, released into parents' custody

A Capitol riot defendant has been released from pre-trial jail after a judge expressed worries about the jail’s “toxic environment.” Thomas Sibick, 35, will be turned over to the custody of his parents, who were ordered by Judge Amy Berman Jackson to limit their son’s access to cable news and social media. In her ruling, Jackson noted that Sibick “has gone through extraordinary lengths to separate himself” from the other inmates in the jail unit, who are largely Jan. 6 rioters. Sibick said he requested solitary confinement to get away from the other imprisoned defendants, whom his lawyer said had become “almost cult-like.”

Sibick’s attorney also noted that his client’s “mental thought process has changed a lot.” In a letter addressed to Jackson, Sibick called Jan. 6 “a disgrace to our nation that left a scar Trump is ultimately responsible for.” He said he now loathes Trump, adding, “I disagree with what occurred that fateful day.” Prosecutors allege Sibick “eagerly and tenaciously” breached the Capitol, posing for photos with an officer’s riot shield and taking a cop’s badge home with him before burying it in his backyard.

https://www.thedailybeast.com/thomas-sibick-jan-6-rioter-who-now-loathes-trump-is-released-from-toxic-jail

[Alexander Of Assyria]

19. DOJ asks all their questions not in the media spotlight, so the media whines. EOM.

Always been that way.

[3825-87867]

25. Double Jeopardy!

Many who have already been sentenced can not be sentenced again on the same charges.

All DOJ has to do is hit a couple really hard, like 10 to 20 year sentences for the most egregious crimes. Then he can take his good old time (?) and go after the others.

But I ain't holding my breath. If he showed ONE OUNCE of concern by actually taking a tough road publicly, we'd at least have an idea that the DOJ was really trying to do something and so would TFG, the Repubs in Congress, the Right and the traitors.

But as of now, it does look as though he's not really concerned with the law.

[Farmer-Rick]

45. It is treason

And they were not charged for it. So that will be waiting for each one of them.

But you know the good thing about treason?

Some crimes have what is known as a statue of limitations. This means someone can no longer be prosecuted for certain crimes after a certain period of time. This is not true of treason. A person can be charged with treason at any point in time.

This is why some of the rioters were so upset that Trump did not follow through on his pardons. They will always have Treason hanging over their heads. Even if Garland wimps out, 4 years from now they still can be prosecuted for their crimes.....even Trump and the participating Congress critters.

This is why the conspirators were asking about pardons. Not because some wimpy judge slapped them on the wrist. But because at any time, they can be charged with Treason.

And all the evidence is recorded and documented.

They better hope that we never get our democracy back.

[infullview]

29. The last time I created a thread criticising Garland for being weak and ineffective

A whole bunch of DU'ers jumped on my shit! Now here it is on the Nation and everyone agrees he's not doing his job WTF!!!!

[Farmer-Rick]

46. Yeah, sometimes public opinion turns on a dime

I have always been a socialist....the kind Karl Marx talks about not the kind the Nazis embrace. But until recently, no one wanted to hear about economic alternatives to capitalism. The "free" trading neoliberals here were always jumping on me.

Not so much anymore.

[HootieMcBoob]

31. Garland is a member of the Federalist Society

https://fedsoc.org/contributors/merrick-garland

He was a good choice by Obama who needed 60 votes to confirm and thought that nominating one of their own would secure his nomination. We all know how that turned out. I was hoping that Biden would nominate Sally Yates. Having lived through Fitzmas and Mueller I’m not holding my breath. They seem to always get away with everything.

[CaptainTruth]

33. It's alarming that Elie Mystal has seen all the evidence in an ongoing investigation...

...& knows about DOJ decisions & actions that at this point in time no one outside the DOJ should know about. If that's true, then it's deeply troubling as it represents a disturbing & inappropriate leak of information. Or, perhaps he is just raging about things he really doesn't know anything about?

[Evolve Dammit]

35. Fiddling while Rome burned. There is no deterrent to continued chaos and violence.

[Mr. Ected]

37. No harm will come if the DOJ informs us of the current status

Americans deserve that much. Barr parked his ass behind a podium almost daily and the earth didn't spin off its axis. I think the criminals are already on high alert so it's not like Garland would be showing his hand.

[bringthePaine]

38. the carnival games being played out are inadequate - replace Garland without prejudice

[Dystopian Optimist]

43. Thus guaranteeing a repeat

Which will probably succeed, since the national Democratic Party seems to be fiddling merrily away as GOP at the state level are changing rules and passing laws which will facilitate their fascist agenda.

[sarcasmo]

47. Eli is right.

[Duppers]

52. K & R x 1000