I’m serious. To hell with playing nice, being respectful and showing class. Trump has ABUSED the law and courts, both civil and now criminal his entire life. Showing prosecutorial/judicial courtesy to him is a cruel screwing over of the rule of law and Lady Justice. If Trump doesn’t want to sit in a courtroom for a criminal trial then make HIM be the one to abuse his power and shut down the prosecutions he so richly deserves to face.
When I saw the news this morning that Jack Smith is in discussions with DOJ about how to ‘wind down’ the Trump prosecutions I was livid. I’ve only grown angrier since. Earlier today Jason wrote an excellent, thoughtful article on why this is the proper thing to do. I urge everyone to read it. I thought for a while before making a lengthy comment on why I disagreed but Jason made a good case for his views and I felt compelled to be respectful in disagreeing. I still respect his views but the fact he had to bring up the matter in the first place is something I can’t ignore. I also hoped as the day went on that the initial reporting I saw was perhaps less solid than now seems to be the case.
We are past the point of rumors from yesterday. I did a search a while ago and clearly DOJ wants this to be over as this article from ABC News from a few hours ago makes clear. It states Smith is in active discussions with DOJ (which as far as I’m concerned means Garland) on how to let Trump off the hook. Of course ABC didn’t put it quite that way but the milquetoast Garland is being “institutional” and trying to protect his precious DOJ (I’ll get to that in a minute):
The decision is based on longstanding Department of Justice policy that a sitting president cannot face criminal prosecution while in office, sources said.
It is unclear as of today how Smith’s prosecutors will approach dismissing both the federal election subversion case in Washington, D.C., and their ongoing appeal of Judge Aileen Cannon’s dismissal of the classified documents case.
It’s a lame-assed excuse for cowardice. “DOJ” policy is not law. Nor is what’s noted above mentioned even indirectly in the Constitution. It flows from a half-baked, hastily written memo back during the Nixon years to get Nixon’s cooperation in forcing Agnew’s resignation. Yes, it was updated during the Clinton years but STILL it’s only DOJ policy. It’s not law. One can debate whether it should be, or whether it’s good policy but it’s still merely a policy and policies can be changed by people in charge. Special circumstances require special (albeit legal) means of addressing them. Is there anyone reading this that would disagree Trump’s crimes against the United States in which charges have been brought in TWO jurisdictions aren’t a special circumstance?
As judge Cannon, and then SCOTUS dragged things out everyone knew that IF Trump got back into office he’d shut it all down. He’s guilty. The government has him dead to rights in the Florida case and seems to have an overwhelming case in DC although due to SCOTUS whether an almost certain conviction would hold up on appeal once the same SCOTUS that gave him all that immunity in the first place weighs in. Regardless it would be sleazy thing to do. It would look bad both in the moment and in the history books. As it should. It’s for that reason I say to Garland, Smith and even President Biden DON’T DO TRUMP’S DIRTY WORK FOR HIM!!!!
Shutting down the prosecutions is a flat-out COVER-UP. Force Trump to be the one to do it dammit! Yes, Garland and Smith too will face withering criticism (and judge Chutkan too) for playing this straight right through inauguration day. But at this point I think they’re kidding themselves if they think they’ll avoid getting the kind of treatment Dr. Anthony Fauci has gotten. Having served on the ICC Smith already knows he’ll be looking over his shoulder the rest of his life. Given just the credible threats we know about so will judge Chutkan. Garland? Well, let’s talk about him.
We are talking about this because Garland didn’t do his effing job. His precious DOJ’s reputation was his priority and to be fair he had a lot of work to do to restore it. And rebuild it. As of the moment the election was called ALL that work was for naught. EVERY bit of work Garland did to rebuild DOJ will be shredded and thrown into the incinerator. Every bit! But Garland didn’t want DOJ to be seen as “political” so he kept resisting dealing with Trump. Don’t forget, when he took over he had a solid set of charges he could have been brought thanks to the Mueller investigation. The only reason Mueller didn’t file them was that damned DOJ policy! But once Trump was out of office he was a private citizen again and fair game. Garland said “pass.” Because of that the voters never got a full airing of the mountain of evidence of his crimes. And without the convictions it made his chances of regaining the WH a whole lot easier.
With Jan. 6 we all knew Trump was at the top of the pyramid. Yes, it was important to roll up and get convictions against the “small fry” insurrectionists and DOJ secured lots of convictions and worked their way to higher ups. Some would say they were too deliberate in the approach. However, there was another group who put the whole thing together with Trump’s approval and sometime participation. It cried out for a Special Counsel and Garland refused. Had it not been for the breathtaking scope of the breach of NATIONAL SECURITY down in Florida Garland would have finished out without appointing Smith or anyone else. He only relented because he simply had no choice.
The National Archives kept DOJ in the loop starting early on so there was every reason to, in addition to having a Special Counsel already at work on Jan. 6 add in that case. Someday history is likely to regard Garland’s weakness as the linchpin of the horrors that will ensue from the next Trump Presidency.
Now, to the bitter end Garland is being… well Garland. Willing, even eager to give Trump yet another pass. Do Trump’s dirty work for him. Here’s something Garland doesn’t seem to get. Whether forced to shut down the prosecutions himself or Garland’s DOJ does it for him Trump’s going to spend the rest of his life (and so will his enablers) about being ‘Totally’, and ‘completely’ EXONERATED! It will be Russia hoax/witch hunt part two. On Steroids.
That my friends is why the very last thing Garland and Smith should do is wind down the prosecutions. And again, every bit of work Garland did to rebuild DOJ both in operational capability and purpose AND it’s reputation will be undone within a month, maybe less than that of Trump taking office! I say go down swinging. Simply go along as if Harris had won and let the chips fall where they may. It’s said Smith might resign rather than be fired but if he doesn’t wait until the day before the inauguration to hell with him as much as I say to hell with Garland.
There’s one problem DOJ has to deal with that’s complicating this. During the first reporting I learned about I saw Ken Dilanian talk about the appeal down in Florida. Cannon’s dismissal of Trump’s case was based on her WTF? ruling saying Smith’s appointment was illegal. DOJ wants that overturned by the 11th Circuit which they almost certainly will do. When is the issue. The thing is, Trump’s new DOJ will want to keep that same power. So Trump can his new AG can ABUSE it of course. Not a good reason but on that during the transition both Team Trump and the DOJ will likely be in agreement. However if DOJ dismisses Trump’s cases before that ruling the legal question remains up in the air.
How long it might take to sort out that particular wrinkle remains to be seen. If it’s up to Garland tomorrow isn’t soon enough. However the 11th Circuit doesn’t care what Garland wants or what his schedule of cowardly appeasement demands. Appeals judges march to their own beat and do what they do when they want to and screw anyone demanding quicker action.
In the end though I’ll finish where I started. Garland has always refused to accept he has been in a bar fight. If you’re at a table well away from the door you’re going to have to fight your way out. (Trust me on this if you’ve never been in a dive bar or a redneck joint) For once Garland needs to throw a punch. I’m sick and tired of OUR side respecting the rules and norms and the GOP blatantly ignoring them when it suits them. So, if Trump and his enablers want to sweep his criminal behavior under the rug they should damn well be forced to do it themselves. The LAST thing we should do is what Garland’s trying to and make it easy for them.
Yes. Make him show his criminality and abuse of power.
But then, he’ll lie about it anyway.
Of course he’ll lie about it. That’s all the more reason to make him do his own damned dirty work.
I look forward to the leopard eating Garland’s face. I will enjoy watching that. Schadenfreude tastes delicious.
Well, I agree with you in spirit, but the fact is, there will soon be a new AG anyway. So I’m not sure Trump has to do anything, the new AG will do ti for him.
That said, some organizations or institutions independent of the government, public interest groups, conceivably in one or more coalitions, depending on their particular interests, expertise and resources, ought to be able to take over or reinstitute these charges. Of course they would have to take a somewhat different form, but the lawyers representing these organizations and coalitions should be able to utilize the results of the government investigations and continue them. The Department of Justice is supposed to speak for “the People,” and when you have more than half the electorate supporting him, they cannot claim to do that. But as almost everyone on this thread (including me) has said, legal cases are not part of a political process, no matter which side you’re on. The pursuit of justice is not a matter of politics, it has to be independent of politics. It is not a political act to seek justice for crimes committed. We know his own Department of Justice will not do it. But all the people who do not support him, and who are conscious of the incredible injuries he has done, not only to them but to the entire country, including those who could not vote, for example if they are not (yet) citizens or they are children, should be able to continue the fight for justice. And if Trump after he takes office is immune from prosecution while in office, all the people that worked with him are not, and the evidence can continue to be gathered. IANAL, so I can’t say exactly how this would be done, but I think it could.
Does anyone believe that the tyrant won’t lock all those people up? Does anyone REALLY believe he will Allow that? Sorry, I think this is all delusional on the part of those of us who actually believe in rule of law. They couldn’t even begin to afford the security they would need for starters. Magats would do his dirty work if tyrant didn’t do it. Mark elias is one of his “enemies”. What has he promised to do to his enemies? It is going to be a banana republic. He won’t have to deport illegal residents. They will run back home once he starts shooting or locking people up. Just my opinion. No optimism here. He has to Prove he isn’t going to be a dicktator and tyrant. Seeing will be believing for me. My ignorant maga mother says the Democrats have to start being nice. Really. THAT is what this country is up against.
This is what should happen tomorrow. Biden should resign and Harris should order the DOJ to arrest all the insurrectionists in mass, from Trump to Mike Johnson for insurrection. Several of the Republican thugs have already been convicted of insurrection. She should arrest and charge all the Republicans on the SC for insurrection and obstruction of justice. Never forget the ‘aid and comfort’ part of the Constitution and Federal law. Send them all to the DC jail with no bale with no per-trial appeals. Convict Trump by Christmas and declare him ineligible to hold office. Harris assumes the Presidency and the entire Republican party thrown in jail for insurrection. None of this should be affected by the traitors on the SC’s ruling on Presidential immunity because it has all happened post 1/20/21.
I love your thinking but it’s just fantasy. President Biden is still working hard to leave the country in the best shape possible before tyrant destroys us all. I wish, though!!!
Well, I’m all done playing nice. I’m sick of the disrespect shown to President Biden while WE are supposed to respect that orange pos?!? I don’t get tattoos generally. I have a heart that is the most beautiful tattoo Everyone has seen to remind me of my husband’s heart attack and triple bypass surgery. I have one to commemorate the fun we have had on our motorcycles with our son and grandson. But I’m getting two more. A FDT on one bicep and a WTF America on the other. I have pretty toned arms. People notice them. I may spell out the f word in Spanish and put DJT after it. Details are being worked out. And I’m getting a gun and open carry permit. Don’t eff with me magats I’m so tired of what you all did to President Biden and America. So let the retaliatory disrespect begin. I HATE what the ignorant people of this country have done. I have to take my investments and try to protect them so we can survive. Gee, milk, bread, and eggs were too expensive under the Biden administration? Wait until they buy them under the fat tyrant. Stupid people!!! Too ignorant to read, to listen, to research and now we all suffer. THERE WILL BE NO ONE TO REIGN HIM IN THIS TIME! I really am looking into what country has intelligent people and safety so I can move and not see his face nor hear his voice. So much to figure out in a very shower time!! Thank you. I stilll have so much to process and I just cannot stop crying
Let us rein in his reign.
After rereading this fine article, I have two additional comments
1. Garland and Smith always play it by the book. Garland to protect his precious reputation and Smith to ensure every I is dotted and t is crossed. They are career government employees. The same people tyrant is going to get rid of
2. The DOJ is going to be dismantled along with everything else. There will be no law except what the dicktator wants to be law. None. Jack Smith know this. He’s a very brilliant man. These cases will never see a courtroom. I wish it was not so
Guys, irrespective of what the Federal system my or may not do, there still remains the NY State case where he has already been found guilty and is due for sentencing in the next few weeks
I was thinking the same thing. The main problem is whether Merchants can sentence him to anything more than a fine. Trump.has chested on his taxes and claims to.banks over his properties for decades. He deserves jail time or attention at least house arrest. Perhaps he can sentence him with sentence to be served after his presidency is done (which will.likely be never).
Can Trump fire a state judge? That is the big question.
I saw an article detailing a possible course of action for Jack Smith now that his federal cases against the Bronze Boob look to be wound down. If Smith resigns before Traitor Tot takes the oath of office, he can file a report on the case detailing all the charges AND the evidence that prompted the grand juries to bring those indictments. The revelations contained might just open a few sets of eyes.
S’pose he does. With a muted, if not anti, media who will hear. A tree falling in the forest….