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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsDear Garland: Why is the Media doing your Job? Can we have an indictment now?
Link to tweet
"The relationship has proved significant in other ways. After a reporters publication of hacked Trump campaign information last month, the campaign connected with X to prevent the circulation of links to the material on the platform, according to two people with knowledge of the events. X eventually blocked links to the material and suspended the reporters account."
If we had a real AG, Musk would be indicted by now.
Oh yeah, theres also this:
https://www.rollingstone.com/politics/politics-news/elon-musk-vladimir-putin-conversations-threats-1235142693/
Musk Has Regularly Talked to Putin, Faced Implicit Threats: Report
The billionaire and Russian president have discussed personal issues, business, and geopolitics, according to the Wall Street Journal
The topics of discussion have included personal matters, business, and geopolitical issues, according to current and former United States, European, and Russian officials.
Among many of the deeply concerning revelations in WSJs report include a request from Putin made last year asking Musk to not activate his Starlink satellite internet service over Taiwan as a favor to Chinas top leader, Xi Jinping. Russia heavily relies on China for trade, including industrial equipment and consumer goods, and to weather Western sanctions.
ON EDIT: For those who complain Indictments and Prosecutions take time, Reality Winner was Indicted LESS THAN A MONTH after she leaked a classified document that showed Trump colluded with Russia.
bigtree
(94,064 posts)...they're not issued on Merrick Garland's will and whim.
That grand jury process of investigation would ostensibly begin, not only when DOJ felt they had enough material evidence to proceed, but that they had exhausted avenues to that evidence of criminality.
What you're telling them to do is rush into court half-assed. It's a wonder anyone considers these complaints anything more than a prescription for an indictment to fail, because the suggestion that they go into court without that grand jury process almost ensures they go in with a weak case that won't stand up to challenges and appeals.
I do not want these critics, or anyone who thinks cases are won by rushing into court based on a newspaper report or internet posts, without conducting a full investigation, anywhere near the DOJ.
It's absurd to believe that process is complete or has any chance of being complete right now. DOJ isn't the media, who is free to say anything they want without affecting cases and investigations before them, so it's really a bullshit comparison supposing the media is doing more than the DOJ who is charged with assembling a case that will survive the certain challenges and appeals from the richest man in the world.
It's as if you haven't been watching the Trump indictments moving through numerous courts with his challenges and appeals, and believe this process is like something you see on teevee.
In this case, the individuals involved associated with Musk's PAC who received notice their activities were being scrutinized by DOJ (investigated, for anyone with a brain) will be threatened with charges or indicted to compel their testimony against Musk.
AFTER that process of investigation, if what they've found supports it, the material evidence they've obtained will be presented to the grand jury, along with the testimony of all involved who aren't incriminating themselves (outside of an cooperating agreement) by talking.
DOJ will pursue evidence until they believe the benefit in continuing outweighs moving forward, or if they don't find enough they believe will convict.
Mr.WeRP
(1,098 posts)Officials in the federal government KNOW Musk is communicating with Putin. Garland has probable cause to INVESTIGATE at a minimum, for multiple crimes. By the time he gets around to it, there will be a different President. So you can take your procedural bs and do whatever makes you happy with it. It wont change the fact that Garland is a massive fucking failure.
bigtree
(94,064 posts)...and most witnesses DOJ will need to rely on to prosecute this won't talk until they're convinced they're in legal jeopardy.
We can see they started with Musk's PAC. That's going up the chain, for folks who watch teevee investigations.
...you say good bye, I say hello.
Hello, hello...
https://www.justice.gov/usao/justice-101/steps-federal-criminal-process
When a grand jury is convened, the jury members evaluate the strength of the prosecutor's evidence to determine if there is probable cause to issue an indictment. Probable cause means that there are enough objective facts to support the prosecutor's claim.
The grand jury has tools at their disposal to find out if there is probable cause. They can subpoena witnesses to testify in court. In a grand jury, witnesses are typically questioned by the prosecutor and cannot have counsel present during questioning.
If jury members think there is enough evidence, they vote to issue an indictment: a document that signals the start of criminal proceedings by listing the crimes the defendant is accused of and explaining the jurisdiction of the court. This act requires a majority vote, which is either two-thirds or three-fourths, depending on the jurisdiction.
In many ways, the grand jury acts as a check on the power of a prosecutor. Grand jury proceedings may also benefit prosecutors by giving them a chance to see if their evidence will be convincing for a future trial jury.
Unlike most other court proceedings, grand jury proceedings take place in secret.
https://www.thoughtco.com/grand-jury-in-the-united-states-3368320
as for the 'Reality' canard,
___Winner, in an interview with the FBI on June 3, 2017, admitted knowing at the time she stole and transmitted the intelligence report that it contained information about intelligence sources and methods, which information she knew was valuable to adversaries of the United States.
https://www.justice.gov/opa/pr/federal-government-contractor-sentenced-removing-and-transmitting-classified-materials-news
...not much of an investigation needed after that admission.
Response to Mr.WeRP (Reply #5)
Post removed
Bobstandard
(2,268 posts)Mr.WeRP
(1,098 posts)Just orchestrating a charade as a host who likes to talk a good game.
Four years and no January 6th trial. If Trump wins with all of this help...grand juries etc will not happen.
It has been eye opening has ineffective our justice system really is.
Mr.WeRP
(1,098 posts)Biden should have removed him just for this.
onenote
(46,124 posts)Mr.WeRP
(1,098 posts)Maybe that had something to do with him stepping aside for Harris.
onenote
(46,124 posts)And why aren't you willing to put the blame on Biden -- he could've removed Garland a year ago. Or a year before that, since according to you, Garland hasn't been doing his job that entire time.
Mr.WeRP
(1,098 posts)You have to put the failure where it belongs. Yes, the buck stops with the President. And yes, Biden should have replaced Garland, I agree. Garland created a political trap by FAILING to prosecute Trump until he announced his campaign. It made it look like the investigation was political. Maybe Garland did this intentionally so he could indict Hunter.
onenote
(46,124 posts)Mr.WeRP
(1,098 posts)onenote
(46,124 posts)A moment ago you posted that you agreed Biden should have replaced Garland.
Mr.WeRP
(1,098 posts)Maybe you should step back from the keyboard and figure that out.
onenote
(46,124 posts)One moment you agree Biden should've fired Garland. The next moment you're saying you don't blame Biden. Rinse and repeat.
This sort of saying things and then pretending not to have said them is a problem outside DU. I hate seeing it here on DU.
Mr.WeRP
(1,098 posts)I dont give a fuck about style
Mr.WeRP
(1,098 posts)The next you are saying I said that. Unreal.
onenote
(46,124 posts)You can run, but you can't hide from your own posts.
This is what I said:"So I guess what you're saying is that it is on Biden's head. The buck stops here and all that?"
Mr.WeRP
(1,098 posts)Really?! Are you really ignoring reality?!
onenote
(46,124 posts)And I asked what law made it illegal. And I'm still waiting for an answer.
Bev54
(13,409 posts)Mr.WeRP
(1,098 posts)onenote
(46,124 posts)I haven't defended Musk or Trump. I'd love it if there really was something Musk could be charged with. But unlike Republicans and you, I don't just decide that something is against the law without knowing what the law actually says.
Mr.WeRP
(1,098 posts)onenote
(46,124 posts)Not saying you are a republican. Just that you kinda act them. And I don't think I'm the only one whose noticed that. I'd put you on ignore, but I think you warrant observation...
moniss
(8,996 posts)a grand jury only beginning when all avenues of investigation have been "exhausted". It is quite common for prosecutors to seek indictments and acknowledge that the investigations are ongoing and it is quite common for prosecutors to file for superceding indictments based on the results of new information.
bigtree
(94,064 posts)...in this case, they've started at the PAC, not with Elon.
This makes sense, unless there's some kind of confession from Musk, that they move up the chain by pressuring the minions.
I could guess they have enough to charge him, but what happens in court when discovery occurs? Why would the prosecution go into court without having in front of them ALL of the evidence available? Documents, texts, emails, phone calls, and all of the required cooroboration, espoecially from the ones being squeezed?
Is anyone suggesting they've already obtained those documents and statements from supposed perps?
We're not even in the realm of a complete investigation, which I believe is necessary when coming at people with more money than god. We've already been privy to this, so it's a wonder anyone thinks these high profile cases are as easy as just indicting and convicting in a few weeks, especially on campaign finance issues. That's just not the history of political and other prosecutions around election activities.
moniss
(8,996 posts)an indictment, the discovery process and trial. Discovery does not begin automatically at the filing of an indictment. There is a whole schedule of things before discovery would begin. Mostly a judge would schedule the case for initial appearances. Then the scheduling for discovery and preliminary motions would be discussed and it is not, especially in a case like this, going to be a short time frame. The discovery process is not a "closed" loop either and new information that comes in is subject to disclosure all the way through the trial. The prosecution does not have to have "everything" during pre-trial discovery and they are not limited to only what was turned over in that period. Cases all the time have new information become available even during trial and lawyers argue to the court whether the new material can come in based on relevancy, exculpatory nature/weight etc. and then the judge makes a decision. Happens all the time every day across the country.
The idea that I can't charge or ask for an indictment until an investigation is complete is false. As an example if Musk is drunk and gets into a car accident and kills a pedestrian I can file for OWI immediately upon determination of his being over the limit. I can continue the investigation into other circumstances like did he illegally modify the car and eliminate features that would have alerted him to the presence of the pedestrian, modify the braking system and impair it's performance and the brakes subsequently failed when he tried to brake for the pedestrian etc. All of that investigation can be concluded after the initial filing and then a superceding filing made with additional charges. Happens all the time. You can file on the charges you know you have evidence for at the time/seek a grand jury and it is done all the time. You indicate in filings that the investigation is ongoing and that a superceding filing is possible. Usually at that point if the charge/indictment is filed in court a judge will ask during initial appearances whether the prosecutor has an idea of how long they might need. That lets the judge put the matter on a schedule for status updates etc.
Thought of in more complex and serious cases we see criminal cases involving death or injury have the charges upgraded or downgraded all the time when the continuing investigation reveals more.
bigtree
(94,064 posts)...everything they do in the process of investigation, not so much in the preparing of their presentation of evidence to a grand jury which is a lesser standard for an indictment, needs to be complete and in order for future discovery efforts by the defense.
Including looking at ALL of the evidence available and putting it in a form that can be made available to the defense, not just a sliver that someone might believe is enough to convict.
It makes zero sense to jump ahead without a complete investigation, and without obtaining whatever testimony or cooperation they can get from the people involved.
Whatever the circumstance in this case, it's obviously not one which can or should be cobbled together on the fly and rushed into court. That sort of absurdity used to be reserved for the angst about the election, as if a charge or even a conviction would prevent Trump from running or assuming office if elected.
Election fraud cases don't normally get rushed into court, because the road to conviction using laws designed by politicians to allow all sorts of chicanery is complicated and uncertain.
Read the opinions beyond the folks just screaming for the administrator of the department to act, instead of the DOJ prosecutors who would investigate and pursue any criminality. The only thing clear is that a prosecution on these actions by Musk's PAC isn't the slam dunk some are suggesting by posting a screenshot or cut and paste of the legal language of the law.
It's really hard to not jump in and remind these folks that their storyline isn't what's actually happening in the actual show. I'm going to be following the DOJ without the undue cynicism that some bring to this, including paying less attention to what Garland is doing, and following the actions the career prosecutors take (or don't take), assuming they care about convictions just as much as anyone else.
The only thing Garland should be watched for is any attempt to interfere or influence that process of investigation away from any of those involved.
Since that unlikely event isn't evident or apparent, I'll be satisfied waiting to see what they come up with to address all of this.
Btw, I don't really believe what the PAC got was a 'warning letter.' which has not bearing in anything DOJ does or would do, imo.
I'm convinced, since the DOJ did not respond, what they got (and leaked to the press) was a 'target' letter that the pac perps termed a 'warning,' and then proceeded to try and change the terms of their contest rules to comply with the law they were informed of by Justice Dept. election integrity officials, having already committed the crime.
It's not very likely they aren't under investigation, and not likely DOJ won't find crimes to charge them with.
moniss
(8,996 posts)you fail to understand what I'm saying to you because you keep jumping from what's enough to indict for anything to the idea of a "complete" investigation. Do you really think the cops stop investigating a case once a grand jury is empaneled, an indictment is handed down or a charge filed in court?
bigtree
(94,064 posts)...and you want to argue your own premise instead of listening to what I'm saying about what I believe.
I mean, you're coming at me off of a response of mine to someone else, with a very specific aim in posting on this thread, which I did to my satisfaction. I don't have any interest in parsing the points you're making anymore.
I read what you wrote and I somewhat disagreed.
It's absurd to expect a quick indictment on an election violation that occurred weeks ago, for all of the reasons I stated. That's what I want to convey. Nothing more.
Last word from me on this unrealistic demand.
Emile
(42,012 posts)who orchestrated an insurrection against the United States.
Garland is weak on Crime.
yourout
(8,794 posts)Think. Again.
(22,456 posts)Mr.WeRP
(1,098 posts)Bev54
(13,409 posts)The investigation of 1/6 and the fake electors started almost immediately and the proof is out there, IF you want to look for it. The courts slowed down the process in every way, when all those affected decided they had privilege and Trump had immunity. Nobody here has any idea what is going on at DOJ and whether the IC has been providing them information, that we have yet to see because again, THE COURTS.
As we have all seen the crimes before our eyes the courts have still dropped charges in some cases, so just because we see reporting means nothing if you cannot get it before the court and let's remember how much Barr buried and put up walls on.
So please stop bashing Garland, especially right now, during an election and if you want to feel indignant turn it to Barr.
Mr.WeRP
(1,098 posts)Garland assumed office in March 2021.
Jack Smith appointed as Special Counsel in November 2022, only AFTER Trump announced he was running for President.
How many federal cases against Trump expired under Statute of Limitations? At least 2 during the time between Garlands taking office and the appointment of Jack Smith.
THAT is the reason cases against Trump have not been executed in a timely fashion.
If Garland had appointed SC immediately after office, many of these cases would have gone to trial and been decided by now.
Bev54
(13,409 posts)The investigation started before he was even confirmed, within the office. He got Giuliani and Powell's phones in Sept 2021 and can't remember the date but also got Perry's phone. It was a fight in the courts for a year or more to even get approval to search the phones and still longer to even crack the codes to get in. Giuliani had successfully deleted all his information. We don't even know yet if the FBI successfully got into Perry's yet. They have had to go to court for every little thing because they all fought against them and delayed, delayed, delayed.
The federal case that you are talking about with the $10 million from Egypt was because Barr had his puppets close the case entirely, shut it down, nobody was even advised on it when Biden came into office.
So until and unless you know the actual facts, which are readily available, if you do the research, many of which we were well aware of at the time but there seems to be a lot of amnesia here, you might want to limit your animosity to what you actually know.
I don't agree with Garland's handling of Hunter Biden's case, allowing RW prosecutors and RW judges, but that is a different matter, when it comes to 1/6 the investigations started right after Biden took office. I am far more worried about Chris Wray's actions or lack thereof than I am of Garland. Also it would be the FBI investigating Musk as well.
Mr.WeRP
(1,098 posts)Damn. And Jack Smith had indictments less than 6 months after appointment. Ans it was not built on any imaginary investigations Garland may have attempted.
Bev54
(13,409 posts)court cases, seriously where were you when all this was going on? It has all been reported on.
Mr.WeRP
(1,098 posts)Bev54
(13,409 posts)to find them. Try doing some searches at Emptywheel.org. She and a number of other independents have reported extensively. It is up to you to do your own research.
Mr.WeRP
(1,098 posts)Bev54
(13,409 posts)Well that is some gaslighting for sure. I dont know if where you have been but you should know better than making ridiculous arguments here, it is your responsibility not to make blanket statements without knowing the fact. Just because you are too lazy to do the research tells me everything I need to know. You are not interested in truth only your own opinion.
Mr.WeRP
(1,098 posts)No cases were filed by Garland against Trump. The onus is on you to prove that wrong.
Response to Mr.WeRP (Reply #75)
Post removed
Intractable
(1,974 posts)confirmed.
gab13by13
(32,063 posts)Appoint acting Attorney Generals.
newdayneeded
(2,493 posts)Which actually is fine, because it's usually a position that only last the president's term anyway.
Mr.WeRP
(1,098 posts)I can Trumps ass puckering at Liz Cheney being appointed as AG. She probably wont pick her, but Cheney did an excellent job on the Jan 6 investigation.
gab13by13
(32,063 posts)the point is why do journalists have to be the people who uncover the crimes?
Fucking Merrick Garland is my #1 person to blame if TSF becomes president.
Michigan AG Dana Nessel is prosecuting her fake electors because Garland ignored her criminal complaint. She waited 1 year for Garland to investigate and then she did the prosecution herself.
Dana Nessel will make a fantastic US Attorney General.
I have been posting for 6 months that Leon Musk is a Putin puppet, maybe I should send a stern letter to Garland asking him to investigate Musk?
Clarence Thomas and Sam Alito need to be investigated.
I would not be surprised if TSF wins if he doesn't leave Garland stay on.
Mr.WeRP
(1,098 posts)Emile
(42,012 posts)but a very real possibility.
Mr.WeRP
(1,098 posts)republianmushroom
(22,254 posts)Xavier Breath
(6,627 posts)republianmushroom
(22,254 posts)Mr.WeRP
(1,098 posts)harpua74
(49 posts)Current "Policy" means Garland must schedule a lunch to discuss the planning of a briefing on these news articles that MAY lead to a meeting where options of opening an investigation are discussed while making sure both sides are examined before a final decision roundtable group is established and tasked with submitting a report within 90 days on whether an investigation should be launched.
OLDMDDEM
(3,158 posts)Clouds Passing
(7,868 posts)Emile
(42,012 posts)Mr.WeRP
(1,098 posts)-misanthroptimist
(1,593 posts)joshcryer
(62,536 posts)She's also a hero.
Hotler
(13,747 posts)(snip) 'A wariness about appearing partisan'
An investigation by The Washington Post, based on anonymous interviews, said that it took prosecutors and FBI agents more than a year to launch a formal investigation of Trumps role in the Jan. 6 attack. An earlier plan to directly investigate Trump associates was quashed by Justice Department officials, and prosecutors initially focused on the rioters not Trump, The Washington Post reported in June.
"A wariness about appearing partisan, institutional caution, and clashes over how much evidence was sufficient to investigate the actions of Trump and those around him all contributed to the slow pace," the investigation said.
J.P. Cooney, chief of the U.S. Attorneys Offices public corruption division, proposed investigative steps in February 2021 that were rejected by the FBI and senior Justice Department officials, The Washington Post found. Cooney later joined Smiths team.
https://www.politifact.com/article/2023/aug/03/why-did-it-take-the-doj-more-than-two-years-to-ind/
Lars39
(26,531 posts)onenote
(46,124 posts)Mr.WeRP
(1,098 posts)onenote
(46,124 posts)It's not a complicated question and I'm not saying there isn't a law that he's broken. But it would be helpful in analyzing the accusation to know wha law you and others think he should be indicted for violating.
Mr.WeRP
(1,098 posts)Talking to the head of an enemy state when you're a government contractor with classified information is probable cause.
Try again, I enjoy the fact that you're kicking this post.
onenote
(46,124 posts)As you undoubtedly know, no one is going to be prosecuted for an alleged Logan Act violation -- not in the past 170+ years and not now. And even if would be prosecuted, how is Musk talking to Putin election interference?
The issue raised in the Medias post isn't really about the contacts with Putin, it's the coordination between Musk and the Trump campaign. So what is the election interference that such coordination is probable cause for?
Mr.WeRP
(1,098 posts)Then that would be considered espionage. Why are you defending Trump and Musk?
onenote
(46,124 posts)I'm not defending anyone. I'm asking a question that you don't seem to be willing or able to answer. The issue raised is whether, as Medias suggested, Musk has committed election interference by coordinating with the Trump campaign. It's not whether Musk's contacts with Putin are espionage or a Logan Act violation. And speculation isn't probable cause in any court I've ever practiced before.
Mr.WeRP
(1,098 posts)That was your original challenge at least. I didnt accuse or attack you. I asked why are you defending them?
onenote
(46,124 posts)I haven't argued one way or another and haven't defended what they've done which I certainly oppose his doing. But I also am not blindly assuming that what he has done violates the law, especially when the specific crime people are saying he should be indicted for hasn't been identified.
brush
(61,033 posts)And Musk, who has multi-billon dollar contract with our satellite/space programs, is also in cahoots with Putin, our nation's arch enemy.
What could possibly go wrong?
msfiddlestix
(8,178 posts)Why isn't a federal crime dealt with like any other serious crime, when hard evidence is at hand,?
An arrest should then be made followed by all the normal court procedures following the arrest?
If Elon Musk or TSF shot someone or robbed a bank, they would require a grand jury first, not an arrest apparently. If I committed fraud, and evidence was in hand, I would be arrested and charged. no grand jury would be required.
I feel like GR;s have been considered status quo procedures, but not actually required by law.