Marcy Wheeler shreds those who whine that Garland is taking too long to indict Trump:

[Fiendish Thingy]

https://www.emptywheel.net/2021/12/03/ten-things-tv-lawyers-can-do-rather-than-whinging-about-merrick-garland/

It’s not so much that I’m certain DOJ would prosecute Trump for his serial attempts to overthrow democracy. There are tea leaves that DOJ could get there via a combination of working up from pawns who stormed the Capitol and down from rooks referred from the January 6 Commission. But I’m more exasperated with the claims that there were crimes wrapped with a bow (such as Trump’s extortion of Ukraine) that Garland’s DOJ could have charged on March 11, when he was sworn in. Even the Tom Barrack prosecution, a Mueller referral which reportedly was all set to indict in July 2020, took six months after Biden’s inauguration before it was indicted. The January 6 investigation started less than eleven months ago; eleven months into the Russian investigation, Coffee Boy George Papadopoulos had not yet been arrested and he was still months away from pleading guilty, on a simple false statements charge. We have no idea how much deliberate damage Billy Barr did to other ongoing investigations arising out of the Mueller investigation, but his public actions in the Mike Flynn, Roger Stone, and Paul Manafort cases suggests it is likely considerable. As for the January 6 investigation, as I’ve noted, it took nine months from the time FBI learned that a Capitol Police Officer had warned Jacob Hiles to delete his Facebook posts until the time DOJ indicted Michael Riley on two counts of obstruction. To imagine that DOJ would have already indicted Trump on anything he might be hypothetically under investigation at this point, particularly relating to January 6, is just denial about how long investigations take, even assuming the subject were not the former President with abundant access to free or RNC-provided legal representation.

It’s not that I don’t understand the gravity of the threat. I absolutely share the panic of those who believe that if something doesn’t happen by midterms, Republicans will take over the House and shut every last bit of accountability down. I agree the threat to democracy is grave.

But there is no rule that permits DOJ to skip investigative steps and due process simply because people have invested in DOJ as the last bulwark of democracy, or because the target is the greatest threat to democracy America has faced since the Civil War. DOJ investigations take time. And that is one reason why, if people are hoping some damning indictment will save our democracy, they’re investing their hopes in the wrong place, because an investigation into Trump simply will not be rolled out that quickly. Even if Trump were indicted by mid-terms, the Republicans have invested so much energy into delegitimizing rule of law it’s not clear it would sway Fox viewers or even independent voters.

I can’t tell you whether DOJ will indict Trump. I can tell you that if they do, it will not come in time to be the one thing that saves democracy.

Lots, lots more at link- this is a scathing, detailed, evidence based take down of the media’s prevailing narrative. Highly recommended.

[hlthe2b]

1. I don't know that they need to be "shredded." Even Garland's old professor, Laurence Tribe has been

wondering and asking.

That said, I appreciate her take.

[Beastly Boy]

2. She is doing more than shred the whiners.

Last edited Fri Dec 3, 2021, 02:42 PM - Edit history (1)

She is making suggestions for how the said whiners can get us more informed on just how much goes into the a DOJ indictment.

But my bet is that none of her suggestions will be acted on. Because if they were, it would surely lead to less whining. And we don't want this to happen, do we?

[doc03]

3. What about SDNY haven't heard anything from them

in months?

[Fiendish Thingy]

5. SDNY is Fed- do you mean the NY AG? Or Manhattan DA?

NY indicted the Trump organization for fraud, and CFO Weisselberg should have a trial coming up in the new year…

[doc03]

9. I am not sure anymore. The one investigating Trump for tax evasion. High balling

property values for one purpose then low balling them for taxes.

[Scrivener7]

11. Cyrus Vance is retiring as DA. So we can stop wondering about whether all of HIS bluster about

bringing tfg to justice was BS.

Letitia is busy running for governor and hasn't made a peep lately about it.

SDNY has been talking to Cohen for years. Nothing happening there.

[dlk]

4. The House Select is gathering all kinds of evidence

The more evidence, the better the chance of conviction.

[Mr.Bill]

6. I understand there are procedures to go through.

But I also think there should be some sense of urgency. This man is a danger to the very existence of our country as a Democracy. I can think of any number of people who have been arrested as soon as they were found.

[Lonestarblue]

7. I don't see this as a takedown at all.

It seems more an explanation that the DOJ will take its time in investigating Trump, and that we should not rely on said investigation, if it even exists, to save democracy. Cy Vance has made it clear that he is is dodging the bullet and passing the Trump Organization fraud investigation on to his replacement, who will then take months to get up to speed on what has happened so far and what needs to happen next. Nothing may happen before the 2022 election, at which point Republicans will do their best to cheat and overturn elections to steal House and Senate seats—and I honestly don’t know that our legal system is up to stopping them. Anything that goes to the 5th Circuit gets an automatic stamp of approval if it benefits Republicans. And the Supreme Court is an unknown these days, though my guess after they gutted the Voting Rights Act is that they too would support Republican election fraud. When they refused to stop the Texas abortion law in its tracks, I lost any lingering respect for the institution. It is now a majority of partisan hacks who are more interested in pushing their Republican right-wing agenda than in preserving existing law and the rights of all people, not just privileged white people like themselves.

[CrispyQ]

13. The most succinct & depressing post of the day.

Nothing may happen before the 2022 election, at which point Republicans will do their best to cheat and overturn elections to steal House and Senate seats—and I honestly don’t know that our legal system is up to stopping them. Anything that goes to the 5th Circuit gets an automatic stamp of approval if it benefits Republicans. And the Supreme Court is an unknown these days, though my guess after they gutted the Voting Rights Act is that they too would support Republican election fraud.

People don't realize how quickly what America looks like can change. The most dangerous American exceptionalism that I've seen from my democratic/liberal friends is that it can't happen here.

[Bobstandard]

8. She doesn't deny it's taking too long

Wheeler provides a litany of reasons and excuses, precedents and procedures, about why it’s taking so long. She also says she fears taking so long will have dire consequences. Voltaire once said, perfect is the enemy of good



Just as we point out that the filibuster is not in the constitution it’s useful to point out that DOJ procedures and processes are subject to changes by the folks who helm it. Recall the coney memo which violated precedent and likely turned the election.

[treestar]

10. Also does not make sense to return the Republicans

to office because of it. Republicans will certainly do nothing.

[Progressive Jones]

12. I have no doubt that in 2022 the GOP focus will be on

trying to take the House and Senate, with the number one reason being the shutdown of any investigations with GOP members in the cross hairs.

[CrispyQ]

14. If they get both, I'm not sure I can imagine the changes to our country.

The House would start investigating Biden, & probably find some cuckoo crap to investigate Harris for. It will be a 4-year shit show, second only to Trump's term. If they get the Senate, too, no more confirmations, & just possibly, the impeachment of Biden & then Harris. In normal times I would have said that statement is totally beyond the bounds of believability, but not anymore.