Opinion: The left's armchair quarterbacks need to let Merrick Garland do his job

[marble falls]

Opinion: The left’s armchair quarterbacks need to let Merrick Garland do his job

https://www.washingtonpost.com/opinions/2021/11/10/merrick-garland-capitol-riot-justice-department-pundits/

By Randall D. Eliason
Contributing columnist
Today at 4:01 p.m. EST



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If you were trying to build a case against higher-level riot organizers, this is exactly how you would proceed. Indeed, referring to the Jan. 6 investigation at his confirmation hearing, Garland pledged to do just that: “We begin with the people on the ground and we work our way up.” But now some look at Garland doing exactly what he said he would do, and inexplicably conclude he must have decided to let the big fish go free.

For a number of reasons, massive investigations such as this take a long time. When Enron collapsed in one of the largest corporate frauds in U.S. history, it was four years before the company’s leaders were ultimately brought to trial. And prosecutors did it by starting with the little fish and methodically working their way up the food chain.


Any prosecution of Trump or other organizers of the Jan. 6 events would confront complex legal issues involving the First Amendment, executive privilege and the potentially novel applications of various criminal statutes. There is a colossal amount of evidence to review. As a criminal matter, much of this is uncharted territory that requires proceeding with caution.

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When it comes to Bannon, the complaints about delay are frankly ridiculous. The ink is barely dry on the referral from Congress, and the new U.S. attorney overseeing the case has been in office only a few days. Even when the evidence appears strong, you don’t rush out and indict a former White House official without taking a little time to get all your ducks in a row. Prosecutors will want to move expeditiously, of course, but it’s way too soon to accuse them of doing anything less.

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