General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsShould AG Garland be criticized or supported?
Not for the purpose of harming his investigation but to strengthen it.
Would he be more aggressive if he received more criticism or would he be more aggressive if he received more encouragement?
Does he need to be more aggressive?
In my opinion, Trump has made a move, by announcing for the presidency, that must be called by the DOJ.
With his recent appeal to the Court, it is obvious what he is most concerned about. It is the Mar-a-Lago search warrant and the discovery of national secrets in his desk drawer. He believes that is where he is most vulnerable at this time. He is attempting to say all the documents are "personal papers" and that by "executive privilege" he had every right to take any documents he wanted at any time he wanted and to classify them as "personal papers".
And he would be right that this is the charge where he is the most vulnerable. They caught him red-handed with the goods.
However, the longer he is permitted to pursue this defense, the more emboldened he will become in his political pursuits.
I do not believe that AG Garland needs to be criticized at this time, but he needs to be encouraged to file some charges related to the stolen documents. He has enough evidence and he needs to show Donald Trump that justice is a serious business, in my opinion. Trump needs to start answering for his crimes.
No more waiting.
Pantagruel
(2,580 posts)Ocelot II
(115,829 posts)Scrivener7
(50,993 posts)I am able to acknowledge you do not hold the same opinion on this as I do without calling you names. Isn't that amazing?
To each their own, though, I guess.
Ocelot II
(115,829 posts)And she explains in very clear terms what is actually going on, and the fact that a whole lot IS going on.
Scrivener7
(50,993 posts)Ocelot II
(115,829 posts)BlackSkimmer
(51,308 posts)Well spotted.
gab13by13
(21,385 posts)to Laurence Tribe, he appears to be a whinger also.
Irish_Dem
(47,324 posts)All of Garland's machinations look ridiculous compared to the law as applied to everyone else.
Xoan
(25,322 posts)Ocelot II
(115,829 posts)nor should he. He will proceed based on the facts and the law, regardless of what sort of commotion is going on in the political peanut gallery among people who have no idea how federal criminal prosecutions are put together, and regardless of some arbitrary timeline hoi polloi demand.
LakeArenal
(28,837 posts)Of course we have the Now now now
.
Then theres
Garland will do his job.
Im with the later.
BlackSkimmer
(51,308 posts)If at all.
wnylib
(21,584 posts)that need to be worked out in courts before an indictment can proceed successfully?
Ocelot II
(115,829 posts)See post #1:
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 hasnt done so and its 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.
wnylib
(21,584 posts)I do not have any kind of legal background. But it just seems logical that processes need to work out at one stage before moving to the next.
marble falls
(57,172 posts)... John Gotti, too.
uponit7771
(90,359 posts)kentuck
(111,110 posts)He must have thought they were getting close to an indictment?
Samrob
(4,298 posts)Magoo48
(4,720 posts)Heres the thing: with all due respect DOJ, Do Fucking Something for goodness sake.
Ocelot II
(115,829 posts)Bettie
(16,121 posts)criticize or support, no one really cares what we think or what we say.
We are nobody to those in power.
We also don't have any influence in any of it. The people with money and power will do as they will and what we want means less than nothing to them.
I hope to see some consequences for the bloated tick, but I doubt we will. The wealthy and powerful seldom see consequences for anything short of fucking over other wealthy and powerful people.
So, I hope so see something happen, but I don't think we will.
And weather we, on this one small community, criticize or support...it doesn't matter. We aren't important to anyone who makes decisions.
The wealthy and powerful seldom see consequences for anything short of fucking over other wealthy and powerful people.
This is why Bernie Madoff is in jail. Trump will skate, IMO.
Sympthsical
(9,099 posts)Either something will happen or won't at this point.
He's not running for office, so I don't get a vote. It's very whatever as a result.
I don't think my opinion matters anyway. We are dealing with levels of power that do not bend to popular will.
It's The Club at work, and we ain't in it.
patricia92243
(12,598 posts)gab13by13
(21,385 posts)he needs to be supported and not criticized. His actions or inactions are fair game, every case should be judged separately. I do not fault Garland for not indicting Trump for seditious conspiracy, it's too difficult to prove, but it is past time to indict Trump for his theft of top secret document crimes because our national security cannot wait and the ducks are in a row to indict.
barbtries
(28,810 posts)there's really no doubt about whether he has enough evidence to indict. why isn't he doing it?! anyone else would already be up on charges. now trump has declared for another run at the presidency! WTF
My PTSD is peaking right now because of this fucking bullshit.
kentuck
(111,110 posts)...it will make it much more difficult to prosecute a case against him once he becomes embroiled in the middle of a presidential campaign. It is naive to think it would not.
That is why he is doing it.
barbtries
(28,810 posts)this absolutely cannot impact Garland's decision. to say that would be justice delayed, ie denied, is an understatement.
i swear to gawd i cannot get over that this shit goes on and on and on and on. it never ends. I want to do elections the way they do in the UK: you get 6 weeks to campaign, then you get elected, then you govern until your term is up. you govern. FFS all we do in the US is have a perpetual campaign! it's so frustrating to me it's driving me batty.
bring back the fairness doctrine. get money out of elections. people run for the money now; once upon a time they ran to serve.
i don't think i can go on being engaged in this shit. it is seriously bad for my health and i'm not getting any younger.
Solomon
(12,319 posts)Fiendish Thingy
(15,651 posts)Candidates and sitting elected officials have been indicted in the recent past.
Fiendish Thingy
(15,651 posts)Dave says
(4,627 posts)...that it's been impossible for him to build a strong case for indictment, nevermind conviction.
I have no evidence of this, just a hunch.
brooklynite
(94,713 posts)Im saying he might be facing significant internal challenges.
brooklynite
(94,713 posts)Garland is investigating Trump and the others and will act WHEN THE CASE IS READY. What bloggers think, pro or con, is irrelevant.
Fiendish Thingy
(15,651 posts)1) currently, NONE of the seized MAL documents can be used as evidence to obtain an indictment, as they are in limbo pending resolution of DOJs appeal to the 11th circuit on Cannons Special Master rulings. I dont even think an obstruction charge could happen without the ability to present certain documents seized as evidence of obstruction.
2) successful prosecution of Trump for his various January 6 crimes, especially potential charges of seditious conspiracy, almost certainly requires the cooperation of coup architects and fraudulent electors, such as Meadows, Eastman, Clark, Etc. Obtaining that cooperation will likely require these co-conspirators to feel the heat of indictments, or potential indictments, from the grand jury. The grand jury(ies) is/are still hearing testimony, and it would be foolish to stop gathering evidence and seek indictments just because a bunch of people on the internet cant wait any longer. Some of the evidence is coming from encrypted phones seized from conspirators, which can take months, if not longer, to hack into.
Once issue 1 is resolved, which is projected to happen by December/January 2023, I fully expect indictments to follow quickly.
Issue 2 depends on DOJs technological ability to access the data in the seized phones, and then to exert maximum pressure on the minions to get them to flip (with the recent release of another Tranche of email incriminating Eastman, DOJ may be able to move more quickly to indict him). Once one of the major coup architects flips, then I would expect Trump to be indicted.
Ocelot II
(115,829 posts)I do think TFG will be indicted, but these issues have to be settled before that can happen.
Scrivener7
(50,993 posts)reasons, will be insurmountable.
Rinse and repeat.
Fiendish Thingy
(15,651 posts)Should I scratch you off the guest list for the indictment celebration?
Choose carefully- there will be cake.
Scrivener7
(50,993 posts)But I'll believe it when I see it.
Fiendish Thingy
(15,651 posts)You see it, then you believe it.
But you seem so absolutely certain youll never see it.
Scrivener7
(50,993 posts)But if you must, I will tell you this: my family had a small construction company in NYC from the 20s through the early 90s. The size that would subcontract to tfg's subcontractors on jobs.
My dad couldn't stand tfg. Wouldn't go near him. Thought he was a crook in the mob's pocket. Which of course he was. But he had friends who made the mistake of working for him, thinking they were big jobs in a tough era in NYC construction. For FUN, tfg ruined a lot of these guys. Because he could and because it amused him to do so.
He did that to countless, countless people. Friends of the family. Good people. I have been watching him for 40 years. Longer than most here. And in that time he was never held accountable for any of it. Because those going after him always back off right at the last moment. Or they can't prosecute because reasons, or the people bringing the suit go bankrupt with all his delays.
Always.
So forgive me if I watch the calendar turn, the delays pile up, the statutes of limitations expire, and that mange of a man still walking around, still committing crime after crime in full view, and I don't set my heart on things being different this time.
I'll believe it when I see it. If I see it. In 40 years, I haven't yet.
Fiendish Thingy
(15,651 posts)Its your certainty that puzzles me.
Just for reference, remember that Gotti and Capone evaded Justice for a long time as well.
With the exception of the previous NYC investigations that the Manhattan DAs walked away from, AFAIK, Trump has never had the kind of criminal investigations as he is facing now.
Its always been civil suits, over his university, foundation, etc. Other than Meuller, Trump has never been under the federal criminal microscope, and now hes under multiple criminal investigations including the feds, NY state and GA. This feels a lot different than stiffing contractors.
Hope to see you at the party- Will be wild!
Scrivener7
(50,993 posts)Atlantic City comes to mind. And you say "other than Mueller." But colluding with Russia to fix an election felt different too, as did the obstruction of justice Mueller found which was not prosecuted, and those crimes are still significant in my book.
And yes, 40 years makes for a fairly sturdy distrust. I find YOUR certainty that things will be different this time to be strange too. To each their own.
I'll be ecstatic if it happens, but I'll believe it when I see it.
Fiendish Thingy
(15,651 posts)Scrivener7
(50,993 posts)sarcasmo
(23,968 posts)BannonsLiver
(16,439 posts)Isnt that he lacks the ability to investigate trump, or even the clarity to know that hes got him dead to rights. My concern about Garland is that hes a for the good of the country kind of guy which could mean two very different things in the end.
tavernier
(12,396 posts)is that any other person in this country would already be in prison for these crimes, some of which would call for an even harsher sentence. And I dont wanna hear, well, he was the president. So what? We are both United States citizens with the same exact rights and rules under the law.
WA-03 Democrat
(3,054 posts)Is equal justice. Trump is above the law.
Irish_Dem
(47,324 posts)Justice matters.
(6,939 posts)and corrupt judges he/she nominated to get confirmed by a corrupt RW-led Senate.
If "any other person" can't shop for judges to file endless frivolous lawsuits and appeals up to "their" supremely-corrupt partisan court of 6-3, they get indicted right away.
Treasonous hair furhair seems to attract corrupt partisan lawyers he never pays like flower pollen does bees.
What a "justice" system, eh? The Laughing Stock Of The World.
Irish_Dem
(47,324 posts)No one else on the planet would get the same process Garland is giving Trump.
Mz Pip
(27,453 posts)We dont have much choice, really.
I support what hes doing and Ill criticize him when I think hes doing it wrong.
Theres no either/or here.
bigtree
(86,005 posts)...just more people screaming indiscriminately at him to 'dosomethingnow,' most without a clue or even a care about what goes into these investigations and prosecutions. I know this because I've engaged in debate on this point with more than a few.
What you're advocating is really just more discordant notes in the cacophany of complaints from both sides toward the AG.
I'd advocate supporting our own Democratic president's AG in his department's investigations without rancor or derision, especially when there are so many forces today which will encourage any division among Democrats, and which are accustomed to cynically exploiting those divisions among our party supporters.
Orrex
(63,220 posts)Trump was caught with classified materials illegally in his possession, and in fact he frequently brags about possessing them. Yet he roams free.
Meanwhile, some shlub in my tiny town gets thrown in a cell and denied bail pending trial because he had a small quantity of meth and a stolen handgun.
Literally no one on DU expects Garland to explain himself to us, nor to act in response to our misgivings about the sluggish proceedings.
But it is nevertheless apparent that Trump is being accommodated and shown deference in a way that you and I would not be if wed committed the same acts. If anyone disputes this, Id like to hear the argument that Trump is being treated equally.
bigtree
(86,005 posts)...in response to compounding motions from Trump's legal reps on issues like privilege and other nonsense.
There isn't some clearinghouse for all of the motions. They have to be adjudicated, and that involves actual hearings and those hearings aren't scheduled the day after the motions are submitted. Getting a hearing, getting a court date can take months, and defendants can delay those even further by petitioning the court on some deficiency or the other with their defense.
Trump gets this 'deference' because he can pay for lawyers to file seemingly endless motions which actually do come to a head, just not as immediately as some critics expect.
I expect more movement in Dec. or maybe Jan., mostly because of the way courts drag their feet in response to defense motions. And don't forget the appeals and lawsuits filed which not only take time to move, but can go through republican-friendly justices before ending up at the SC.
Orrex
(63,220 posts)And its exactly what people are complaining about when Trump gets to do whatever he wants whenever he wants with no demonstrable consequences.
His theft of classified materials should land him in jail immediately without bond, just like would happen to you or me. The fact that he can buy his way out of it doesnt excuse the courts or the DoJ; it simply confirms our multi-tiered legal system.
The fact that he can even think of running out the clock is incontrovertible proof that the system is rigged. Could you or I run out the clock? No, but a rich fuckhead with connections can do whatever the fuck he pleases.
Because of our multi-tiered justice system.
bigtree
(86,005 posts)...it's a full exercise of rights under the law, which is a travesty of justice that others without the same means aren't afforded or can't easily access the same opportunities.
I'm not in favor of less opportunities to challenge federal prosecutions. More to your point, though, DOJ doesn't control those defense motions, the judges do. If DOJ had their way, they'd steamroll forward.
I mean, READ the DOJ responses to those challenges and appeals. No one criticizing them holds a candle to their defenses against those outlining in detail their prerogatives to investigate and ultimately prosecute if the evidence supports it.
Orrex
(63,220 posts)Lets just codify what we already know, that the rich can do whatever they want with zero or minimal consequence, and even thats only after a delay of years or decades.
It seems much like how the IRS preferentially goes after those of low and middle income, because they know that the wealthy can freely fuck the system.
Look, its disgusting, but honestly I could accept it if we as a society didnt pretend that the law applies to everyone when daily observation proves the opposite.
Also, the idea that the DoJ would be steamrolling forward in the absence of judicial obstacles strikes me as a statement of faith. Is there any indication that this is true? Certainly not in the current environment.
bigtree
(86,005 posts)...then come back and explain to me how it's DOJ delaying justice, and not the judges who are in charge of scheduling the court appearances where they adjudicate the challenges and claims.
Pushback has occurred in objection to each and every filing by Trump attorneys; pushback which is not only aggressive, but from some of the best legal minds in the business.
That's where you see their determination.
Here's one:
DOJ's 'Compelling' Response to Trump SCOTUS Appeal Hailed by Legal Experts
https://www.newsweek.com/dojs-compelling-response-trump-scotus-appeal-hailed-legal-experts-1750959
READ: The Justice Departments response to Trumps request for a special master
https://www.cnn.com/2022/08/30/politics/read-doj-response-trump-special-master/index.html
DOJ Slams Trump Filing Claiming 9 Mar-A-Lago Files Are His 'Personal' Property
https://news.yahoo.com/doj-slams-trump-filing-claiming-124821754.html
...it's fine to criticize DOJ, but these uninformed slams are a waste of time. It isn't anyone else's job to inform you or anyone else.
I mean, WHY IN HELL WOULD ANYONE THINK DOJ IS FINE WITH BEING OBSTRUCTED IN COURT BY THE REPETITIVE CHALLENGES AND APPEALS?
WHO ACTUALLY BELIEVES THIS? You?
Orrex
(63,220 posts)Funny how your ilk insists that it's nobody's job to inform me, but they feel entitled to condescend, insult and belittle nonetheless.
And I know from experience that when I call it out, my posts tend to get hidden, so I think we'll close this delightful exchange right here.
hamsterjill
(15,223 posts)To follow and comment on Merrick Garland.
Andrew Weissman has been very critical of Garlands inaction, and THAT is good enough for me. Garland missed the time line and therefore missed his opportunity.
Caliman73
(11,744 posts)Every leader should be criticized and questioned. They should, as appropriate, be explaining the situation, or at least giving a framework about what is going on. We don't need to hear his strategy or anything that would provide advantage to the subjects or targets of the investigation, but it would be good to get some information about what is happening.
He should also be supported to do the work that he needs to do.
It isn't an either or situation. I think President Obama is one of the best presidents of the last 70 years. I also have criticisms of policies he implemented and policies he did not pursue.
I think that when we put things into either/or, we fall into how Conservatives think. They are binary thinkers, which is why they tend to understand there is a problem, but are easily lead to the wrong attributions to the problem. They cannot see nuance and they tend to act on feeling and impulse rather than taking a look at the situation and imagining possible solutions and their outcomes.
I am frustrated that the process to indict Trump is taking a long time. I also understand that there are very powerful forces out there that can be unleased if Garland gets things wrong. There will be backlash regardless, but when you go after a president, even Trump, you have to have ALL of your ducks in a row.
Mr.Bill
(24,317 posts)Irish_Dem
(47,324 posts)He would never act this way with any other criminal.
It is an insult to Americans who follow the law and believe that the US is a nation of laws.
bigtree
(86,005 posts)...and I'll try to respond to it.
Irish_Dem
(47,324 posts)I cannot give you an example because the American people are not allowed to know
what Garland is doing. We are just assured over and over he is working diligently on something.
Maybe.
bigtree
(86,005 posts)...if anything, we know more about these investigations than we would any average citizen.
We can see the Trump counsel filing motion after motion in response to the DOJ search, for instance, which need to be adjudicated; each one subject to appeal which draws the process out further. It's a feature which comes with a defendant willing and able to spend millions on their defense.
It's always interesting to see how observers are led to frustration for these deliberate delays to blame the prosecutors, or Garland, without a hint of criticism for the actual motions which are causing the delays.
Btw, ALL of the defendants with deep pockets have played this game, and media and others fall right in line with this justice delayed falderal. It's just not credible to pronounce an ongoing investigation a bust because its been delayed by motions and appeals. It just isn't.
Critics should pay more attention to what is actually occurring, and not just react to the deliberately orchestrated delays by bashing Garland. That couldn't be more accommodating to the ones obstructing justice.
Irish_Dem
(47,324 posts)It is obvious there are two systems of justice, one for the rich and powerful.
One for the rest of us.
It is especially egregious when the crimes involve the theft of very sensitive classified documents.
Putting American military and covert ops at serious risk.
And all we see is Trump and Garland doing a delightful legal two step.
It is the final straw regarding my patience.
Maybe the only thing we can do is shame Garland into doing his job, doing the right thing.
Or resigning.
bigtree
(86,005 posts)...some deliberate, some just due to the lack of aspiration from people to find out what's actually occurring.
That's most evident from the clipped and often disjointed rationales offered for why a prosecution hasn't yet happened. It isn't as if one can credibly divorce angst from the reality, and just proclaim that angst represents the ultimate impetus to justice.
Irish_Dem
(47,324 posts)All the Trump investigations into his many crimes mysteriously fizzle.
Crimes for which most of us would be arrested and placed in jail.
Trump is caught red handed stealing classified documents, which constitute the biggest
national security breach in US history, incalculable damage is done, untold numbers
of people are at risk for death, capture, torture. Our allies can never trust us again.
And Garland lets Trump frame it as a paperwork dispute with the national archives!
Unbelievable.
And they do an endless do-si-do around the courtroom. Also unbelievable.
Every single day there are people who get up and do jobs which place them in harm's way.
They do it not for power or money, they do it because of some inner values called
honor, loyalty, bravery.
Do we have a DOJ who is willing to protect those people?
Do we have a DOJ who is able to show a fraction of those inner values?
So far the data tells me the answer is NO to both questions.
bigtree
(86,005 posts)...and our system of justice provides many opportunities for vigorous defenses against federal prosecutions - what we're watching play out right now (well, what some of us are watching.)
It's just nonsense to portray this DOJ as unconcerned with the law. Take some of this time railing against them to actually look at what they've accomplished, so far.
Out of the more than 880 defendants charged, 272 face charges of assaulting or impeding officers, including 95 charged with using a deadly or dangerous weapons. That led to 140 police officers across two departments to sustain injuries, the Justice Department said.
More than 294 defendants have been charged with felony obstruction of an official proceeding, according to DOJ, and a conviction carries a maximum sentence of up to 20 years in prison.
In a Washington federal courtroom this week, a jury is hearing arguments in one of the biggest cases in the Jan. 6 investigation. Stewart Rhodes and three other members of the Oath Keepers are being charged with seditious conspiracy. All four have pleaded not guilty. Fifty others allegedly involved in the Capitol riot have been charged with conspiracy, including Enrique Tarrio, the former leader of the Proud Boys, who also has pleaded not guilty.
(...this is the Jan.6 committee case in action in an actual court process, one that can lead to the WH.)
The Justice Department says 412 people have pleaded guilty to a "variety" of federal charges with approximately 100 pleading guilty to felonies and another 313 have pleaded guilty to misdemeanors. DOJ says another 21 people have been found guilty at trial.
The FBI says they are still looking for more than 360 individuals it says are connected to the events of Jan. 6.
more: https://abcnews.go.com/Politics/jan-prosecutions-numbers-21-months-880-charged/story?id=91391596
bigtree
(86,005 posts)...were more than likely Trump people looking to reframe the prosecution so people can repeat it as fact on the internets.
NO ONE who is in ANY WAY connected with the investigation in any material or substantive way, in a position to speak to Garland's state of mind on ANYTHING of substance in the investigation are NOT telling that to the Washington Post.
They're just not, and you're repeating unsubstantiated gossip from a clickbait report.
iemanja
(53,056 posts)Last edited Wed Nov 16, 2022, 08:07 PM - Edit history (1)
People act like one errant word is going to undermine his investigation. We should be able to criticize or support as much as we want. It makes absolutely no difference to anyone but us.
I hate this pretense that the world hangs on our every word.
XanaDUer2
(10,726 posts)Kaleva
(36,332 posts)By input I mean beyond just voicing my opinion on DU.
Chakaconcarne
(2,460 posts)The alternative would be nothing would be happening and this question would be completely irrelevant.
We could have Bill Barr or equivalent.
We really don't have much choice but to let this play out....rehashing the question in various form over and over is (as the post above states) divisive.
Meowmee
(5,164 posts)That is up to each to decide. I will continue to say what I think. Without apology whatever the outcome because since we are still a supposedly free country that is my right.