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In reply to the discussion: What kind of iirresponsible idiot was Merrick Garland? [View all]bigtree
(94,450 posts)53. I'm wondering why this should matter as much to Democrats
...as it seems to be vexing Trump.
Trump asks why Democrats didnt release Epstein files if there was smoking gun
https://thehill.com/homenews/administration/5408202-donald-trump-democrats-jeffrey-epstein-files/
...besides, there were all sorts of Maxwell appeals at the time that any normal AG or prosecutor wouldn't want to muck up by releasing evidence to the public.
Sep 17, 2024 -United States v. Maxwell, No. 22-1426 (2d Cir. 2024)
Ghislaine Maxwell was convicted in the United States District Court for the Southern District of New York of conspiracy to transport minors with intent to engage in criminal sexual activity, transportation of a minor with intent to engage in criminal sexual activity, and sex trafficking of a minor. She was sentenced to concurrent terms of imprisonment of 60 months, 120 months, and 240 months, respectively, followed by concurrent terms of supervised release. Maxwell appealed her conviction on several grounds, including the applicability of Jeffrey Epsteins Non-Prosecution Agreement (NPA), the statute of limitations, jury impartiality, constructive amendment of the indictment, and the reasonableness of her sentence.
The District Court denied Maxwells motion to dismiss the indictment, holding that Epsteins NPA with the United States Attorneys Office for the Southern District of Florida did not bar her prosecution by the United States Attorneys Office for the Southern District of New York. The court also found that the second superseding indictment complied with the statute of limitations, as the relevant statute extended the time to bring charges of sexual abuse for offenses committed before its enactment. Additionally, the District Court denied Maxwells Rule 33 motion for a new trial, finding no abuse of discretion in its handling of a jurors erroneous answers during voir dire. The court also rejected Maxwells claim that its response to a jury note resulted in a constructive amendment of, or prejudicial variance from, the indictment.
The United States Court of Appeals for the Second Circuit affirmed the District Courts judgment. The appellate court held that Epsteins NPA did not bind the Southern District of New York, the indictment was timely, the District Court did not abuse its discretion in denying the motion for a new trial, and the response to the jury note did not result in a constructive amendment or prejudicial variance. The court also found Maxwells sentence to be procedurally reasonable.
https://law.justia.com/cases/federal/appellate-courts/ca2/22-1426/22-1426-2024-09-17.html
Ghislaine Maxwell was convicted in the United States District Court for the Southern District of New York of conspiracy to transport minors with intent to engage in criminal sexual activity, transportation of a minor with intent to engage in criminal sexual activity, and sex trafficking of a minor. She was sentenced to concurrent terms of imprisonment of 60 months, 120 months, and 240 months, respectively, followed by concurrent terms of supervised release. Maxwell appealed her conviction on several grounds, including the applicability of Jeffrey Epsteins Non-Prosecution Agreement (NPA), the statute of limitations, jury impartiality, constructive amendment of the indictment, and the reasonableness of her sentence.
The District Court denied Maxwells motion to dismiss the indictment, holding that Epsteins NPA with the United States Attorneys Office for the Southern District of Florida did not bar her prosecution by the United States Attorneys Office for the Southern District of New York. The court also found that the second superseding indictment complied with the statute of limitations, as the relevant statute extended the time to bring charges of sexual abuse for offenses committed before its enactment. Additionally, the District Court denied Maxwells Rule 33 motion for a new trial, finding no abuse of discretion in its handling of a jurors erroneous answers during voir dire. The court also rejected Maxwells claim that its response to a jury note resulted in a constructive amendment of, or prejudicial variance from, the indictment.
The United States Court of Appeals for the Second Circuit affirmed the District Courts judgment. The appellate court held that Epsteins NPA did not bind the Southern District of New York, the indictment was timely, the District Court did not abuse its discretion in denying the motion for a new trial, and the response to the jury note did not result in a constructive amendment or prejudicial variance. The court also found Maxwells sentence to be procedurally reasonable.
https://law.justia.com/cases/federal/appellate-courts/ca2/22-1426/22-1426-2024-09-17.html
She's still in the process of appeals to the SC.
What would there have been available for any responsible prosecutor to release?
This op loses sight of the fact that it has been republicans who have demanded the release of a 'list' they claim exists. And, Trump isn't demanding anything be released now, quite the opposite. He's making a cynical argument about Biden which screams knowledge of guilt, as well a hypocrisy.
But here we're echoing this as if it's Merrick Garland or Biden who blocked something from being released, or even demanded it. They're not the ones who made the sweetheart immunity deals in Florida which precluded witnesses from pursuing other perps, and is the subject of the present Mazwell appeal to the SC.
I think the op is skating past the point of all of this, and needs to address what Trump's obsequious DOJ is doing in open collusion with the president; something that never occurred under ANY Democratic president.
So, I think all of this speculation that Garland was sitting on something ignores that the process of actual legal accountability doesn't run through the internet and the media before it runs through the courts, no matter how much Trump has debased the judicial process with this blatant interference and contempt on every level.
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Yes. Worst than Barr, and that's saying a lot. Burnt toast maybe who couldn't be scraped.
brush
Jul 2025
#29
I wonder why president biden didnt fire garland. If he would have, the world would be totally different now
Trueblue1968
Jul 2025
#135
Garland Is America's Worst Attorney General. ... His failure to hold Trump accountable doomed us.
walkingman
Jul 2025
#3
The point is you don't understand the rationale for appointing a special counsel
Fiendish Thingy
Jul 2025
#159
Why you are giving the Roberts court, who had all the power and is the true villain of this story, a pass, is beyond me
Fiendish Thingy
Jul 2025
#170
I think not waiting A YEAR before beginning any type of process is a good example of what another AG could've done
Alpeduez21
Jul 2025
#50
Not even Bobby could have circumvented the obstruction of the Roberts Court.
Fiendish Thingy
Jul 2025
#70
Since the January 6th insurrection happened in 2021, the DOJ would/should have begun
walkingman
Jul 2025
#76
The bottom line is people with power/wealth are not held accountable for their actions....very often.
walkingman
Jul 2025
#128
Strike while the iron is hot. The longer Garland waited the less public pressure to do his job
LiberalLovinLug
Jul 2025
#149
Fuck MAGA's feelings. I don't give a squirt of cat piss how the fuck they would have reacted. Fuck 'em.
SoFlaBro
Jul 2025
#132
Naivete. Tsk, tsk. Meek Garland could've stopped trump early on by taking charge of...
brush
Jul 2025
#52
Fitzmas. Yeah. Can't even see an un-redacted Mueller report. Transparency and
Evolve Dammit
Jul 2025
#41
So the fact that the files were placed under seal by a judge until 2024 makes no difference then?
Bev54
Jul 2025
#54
In the spirit of the damn "bipartisanship" that never goes two ways...
Justice matters.
Jul 2025
#56
There are two parts at play: yes, Merrick Garland was too meek for the job, but also...
W_HAMILTON
Jul 2025
#9
Sitting on records of 4700 wire transfers worth $1.1 B through Epstein russian accounts for sex trafficking, for one nt
lostnfound
Jul 2025
#73
Weakness of a top official in a position of great consequence to the nation should both be criminal and treasonous
DSandra
Jul 2025
#18
Garland's a moderate Democrat and is not associated with the Federalist Society. DU is fact-based and
emulatorloo
Jul 2025
#105
Sitting on that wasn't even the worst thing he did. Waiting 2 years to bring charges against Trump for trying to
Fil1957
Jul 2025
#20
I'm no fan of Merrick Garland but this is one thing I am not going to blame him for.
tulipsandroses
Jul 2025
#136
Oh I agree it is suspicious. I am just suggesting that unless there is direct evidence of a crime, Garland had no reason
tulipsandroses
Jul 2025
#144
Yes. While I want democrats to be more aggressive, there are certain lines we just should not cross.
tulipsandroses
Jul 2025
#147
Good question, I kept asking myself. Speculating on a few theories that I dissmissed in short order,
msfiddlestix
Jul 2025
#114
Garland's a moderate Democrat. DU's a fact based site. We ought to keep it that way.
emulatorloo
Jul 2025
#107
All Presidents since Nixon until this one respected the independence of the DOJ. There's your answer.
Cheezoholic
Jul 2025
#31
Both Biden and Garland were "institutionalists." Neither were equipped to rise to the moment they were faced with...
Ol Janx Spirit
Jul 2025
#43
My bad. His lifelong best friend and mentor is Jared Kushner's lawyer. Not Trump. But still
AStern
Jul 2025
#74
could the reason you didn't mention her name be because she was Clinton's Deputy Ag
bigtree
Jul 2025
#78
Yes what you wrote in #45 is false. You wrote "He's good friends with Trump's lawyers."
emulatorloo
Jul 2025
#140
You should be more upset that he didn't hold MAGA accountable rather than with DUers negative reactions
AStern
Jul 2025
#156
Yes. And nobody has done that better than Garland. He's all-world at that one thing. In a class of his own.
BannonsLiver
Jul 2025
#49
Um Roberts Supreme Court enabled this shit more than anyone else. They made Trump a King.
emulatorloo
Jul 2025
#108
What kind of irresponible IDIOTS were those who refused to vote for VP Harris by either voting third party,
lostincalifornia
Jul 2025
#90
Except Garland's not a Republican. We should keep DU fact-based. Even if it feels good to make stuff up.
emulatorloo
Jul 2025
#104
it's infuriating! I thought he was just sitting on the coup. Didn't realize he was sitting
ecstatic
Jul 2025
#111
For a year I've told DU detractors this, and I'll say it here again: AG Merrick Garland was not waiting.
ancianita
Jul 2025
#138
Patience, grasshoppers. This isn't a Law & Order episode. Garland is working very hard behind the
Scrivener7
Jul 2025
#142