442 Comments

Prosecute or resign. Those are Garland’s only options. Otherwise he’s a hack.

Expand full comment
Jun 15, 2022Liked by Robert Reich

Robert: With due respect to Representative Bennie Thompson, Chair of the January 6th Committee, I think that the Congressional Committee and the Attorney General need to work collaboratively in the campaign to expel Trump from any further participation in U.S. politics.

Expand full comment
author

Friends, my two cents:

There's no way to push an attorney general to prosecute a case, and in our legal system should not be. But I believe -- contrary to the chair of the January 6 select committee -- that when it completes its work the committee should make a formal criminal referral to the Justice Department that spells out its findings in the clearest possible terms. If the facts lead the committee to conclude that Trump likely committed crimes against the United States, the committee should say so explicitly.

It is traditional for congressional committees to make criminal referrals when they think a crime may have been committed. Although the Justice Department is under no obligation to pursue these referrals, a criminal referral signals that the legislative branch of government finds or suspects a crime – an important symbolic act.

There are three arguments against the committee making such a criminal referral:

(1) It could backfire. Decisions about whether to prosecute must be made independently of politics: Garland and the Justice Department won’t want to be seen as doing the committee’s bidding. And the district and appellate courts that would handle Trump’s prosecution would take a dim view of any intermingling of the work of the political branch with the work of federal prosecutors.

(2) It’s unnecessary. Attorney General Merrick Garland has repeatedly pledged to follow the evidence wherever it leads, regardless of politics, and he has said that he and his Jan. 6 prosecutors are closely watching the committee hearings.

(3) The committee has already, in effect, made a criminal referral to the Justice Department – arguing in a legal filing last fall (over whether it should be able to access emails from John Eastman, Trump’s attorney) that Trump broke multiple laws. In response, U.S. District Judge David O. Carter issued an opinion that said Trump “more likely than not” committed crimes to stay in power.

Notwithstanding these three considerations, public opinion is a crucial aspect of these proceedings. Trump attempted a coup while president of the United States, and as many Americans as possible should understand how dangerous and vile this act was. Yet a third of Americans (including some two-thirds of Republicans) still believe Trump’s big lie. For a bipartisan committee of Congress to conclude that Trump has likely committed such crimes is important for the historic record. A criminal referral would garner big headlines. It would almost certainly increase public pressure on Garland to prosecute Trump -- or at least make public his reasons for not doing so.

Expand full comment

Don't know what compelled Congressman Thompson to say anything about no criminal referral before completing the hearings and reaching a conclusion. Cheney is really steering this investigation towards a criminal referral which is the so what of this inquiry. If the AG does not indict Trump then we will cease to be a Democracy ruled by laws. The Democratic Party will collapse the Insurrection will have succeeded.

Expand full comment
Jun 15, 2022Liked by Robert Reich

It's almost as though Democrats are trying hard to keep from being seen as witch-hunting. Republicans call everything that tries to identify the truth of a situation "witch-hunting." Republicans want to believe the term makes it sound like Democrats and any other truth-seekers are going after the innocent as witch-hunters in the past did. Well, Dems, this time Trump and his fans are not innocent as the impeachment trials showed and the current January 6th Committee hearings are proving. Democrats need to stop worrying so much about what Republicans and their strangely unamerican base might call us and step up with real demands for action by the Department of Justice and any other groups that can help. If we don't, January 6th will just have been the practice run for a future take-over by someone as morally bankrupt as Trump but smarter in the ways of manipulating public discourse and actions.

Expand full comment

If Trump can’t be held accountable for trying to overthrow the US government, then there is no justice in the United States.

Expand full comment

If there is no criminal indictment, we have no rule of law for the "tops" in this land!

Expand full comment

I have emailed Garland’s office demanding that he prosecute trump. I have signed petitions demanding the same. I don’t know what else to do.

Expand full comment

Can't we replace Garland with Hillary? I know she would get the job done!

Expand full comment
Jun 15, 2022Liked by Robert Reich

There are many ethical people in government. Merrick hasn’t given me any reason to believe he isn’t one of them

Expand full comment

A referral is not necessary for the DOJ to act.

Expand full comment

Here we go again. Timidly asking- "Oh please Mr Congressman sir, Your revered Mr Attorney General sir. This man has done bad , naughty things. He must be held responsible." I am reminded of a talk I heard with Michael Moore. He had an unrecorded conversation with Steve Bannon in which Bannon described it thus- Republicans enter the fray with a knife and go for the jugular; Democrats arrive with pillows. Kinda funny...NOT! I had described myself as a pessimistic optimist. Here is a 'take' on the hearings by the extremely knowledgable Chris Hedges. Read it at your risk and peril. It is rather sobering

https://chrishedges.substack.com/p/society-of-spectacle?utm_source=email&s=r

Peace.

Expand full comment

There will be a time in the future when Merrick Garland is or can be a candidate for Supreme Court again.

If he does not perform his obligations and responsibilities now, there will be no public support for that future opportunity.

Mr. Garland needs to demonstrate why he was chosen in the first place, and any Republican who Truly supports the rule of law, will recognize in the future that this guy is the right candidate for SCOTUS.

Expand full comment

The levers we have are the usual ones, messaging to those in power, eg. Attorney General Garland, our Congressional Representatives (including those on the committee), and demonstrating. We the people need to insist on action and truth.

Expand full comment

The only precedent that exists is that former presidents do not get indicted. Levi didn't indict Nixon because Ford had pardoned Tricky Dick. Holder didn't indict GWB because Obama said "turn the page". Biden's call to mend fences, Dem leaders' insistence that we need a "strong Republican party", and the fact that no one wants to set the precedent that presidents can ever be held accountable, mean that Garland won't indict Trump. At least, not without specific direction from Biden, which will never come. The unwritten rule is that presidents, by definition, are above the law, something that ironically even the Jan. 6th Commission's star witness Bill Barr has argued.

Expand full comment

It's time for Joe Biden to publicly express his support for prosecuting the American Hitler - POLITICS BE DAMNED. #45 is a criminal, a threat to every decent American, and should have already been behind bars long before this!!

Expand full comment