General Discussion
In reply to the discussion: No one knows if the DOJ is doing anything about January 6th except [View all]onenote
(42,694 posts)Last edited Tue Dec 28, 2021, 06:59 PM - Edit history (1)
First, they could be identifying, reviewing, and analyzing the statutory provisions -- and the relevant case law pertaining to those provisions -- that they think would provide a basis for indicting Trump, members of his administration and/or members of Congress. Second, they could be identifying with particularity the specific provable evidence that could be presented to support a conviction if an indictment could be obtained. Third, they could be considering and analyzing the wide range of arguments -- constitutional, statutory, and factual -- that would likely be made by those put on trial. Finally, they could be researching and assessing how they would rebut each of those arguments.
All of the above needs to be done before any case is brought to a grand jury. And notwithstanding the view apparently held by certain DUers that there is a slam dunk case against Trump, members of his administration and/or certain members of Congress, this is essentially uncharted territory involving statutes that rarely if ever have been used and that have some constitutional baggage. Consequently, it's not something that DOJ -- no matter who is AG -- would do casually or quickly. The ramifications -- both legal and political -- of bringing a case and then losing it would be significant.
And it's not as if there is nothing else for DOJ to do. Over 700 people who participated in the attack on the Capitol have been arrested and preparing and pursuing charges against each of them takes time. https://www.justice.gov/usao-dc/eleven-months-jan-6-attack-capitol