Garland will have to bring Jan. 6 criminal charges against Donald Trump

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Attorney General Merrick Garland has not charged any of the suspected leaders of the Jan. 6 attack on the U.S. Capitol — until and possibly including former President Donald Trump. This is what prompted Rep. Ruben Gallego, D-Ariz., In an appearance Tuesday on CNN, to channel the emotions many of us feel by slamming Garland for his apparent inaction. “I think Merrick Garland is very weak, and I think there should be a lot more of the Jan. 6 organizers who should be arrested by now,” Gallego said. He called Garland “feckless” and said it “has not yet helped in terms of protecting our democracy.”

It’s been a year since Jan. 6, and Americans need to see real responsibility.

At a news conference on Wednesday, the eve of the anniversary of the attack, Garland had several opportunities to counter such criticism. But by encouraging patience and using thoughtful and measurable words like he did, Garland hasn’t achieved enough. His lack of urgency is disturbing.

It is heartfelt to hear Garland say, “The Justice Department remains committed to holding all offenders accountable on January 6th, to any degree, under the law-whether they were present that day or if nor is it criminally responsible for attacking our democracy. ” This raises the possibility that Trump could be prosecuted. But we are a year away from Jan. 6, and American citizens need to see real responsibility.

Garland’s outstanding speech only raised more questions about why Trump isn’t being charged. For example, Garland said the attack by design disrupted “a key element of American democracy: the peaceful transfer of power from one administration to the next.” Well, why did that attack happen? Trump’s simple, relentless lies from Election Day in November 2020, with his summoning supporters to Washington on Jan. 6 for a “wild” time and his urging them on that pathetic morning to “stop stealing.” The January 6 attack would not have happened if Trump had not engaged in that behavior but instead accepted the fact that he had lost the election.

To those wondering if Trump and others may have committed crimes, keep this important fact in mind: Trump lied incessantly when he mentioned “massive voter fraud.” Trump knew that, especially since his own attorney general, Bill Barr, at the time had confirmed it by many. The lack of credible evidence of fraud that would win him over in whatever state he loses is why Trump’s efforts have been rejected by the courts to overturn the election – even by the federal judges he has appointed.

In fact, Trump’s allies in several state legislatures, including Pennsylvania and Michigan, are still pushing for 2020 election audits. Why? Simply put, they still have no evidence of “massive voter fraud” that Trump claims existed. But they need to continue to show their base the idea that massive fraud has existed.

That means every action Trump has taken to stay in power is based on a lie. (This, in my opinion, seems to be the very definition of acting “corruptly” under federal criminal law.) Trump lost the election but wants to stay in power, and he is willing to say or do anything to achieve that.

Willingness to do anything included Trump’s attempt to enlist the help of government officials to help his coup. For example, in December, Trump forced acting Attorney General Jeffrey Rosen to declare that the presidential election was filled with fraud – despite no evidence to support that – and then “leave the rest to me.” There was also intense pressure from Trump on then -Vice President Mike Pence not to verify the results of the 2020 election despite no evidence of widespread fraud. His plan is to ask GOP -controlled state legislatures in swing states to corruptly overturn the election in his favor. One of Trump’s closest advisers, Peter Navarro, recently confirmed that plot.

That’s why Laurence Tribe, a university professor emeritus at Harvard Law School-along with two former federal prosecutors-recently wrote an op-ed for The New York Times urging Garland to criminally investigate Trump and his allies. Experts on this law say Trump and his allies may have committed crimes, including obstructing an official trial, inciting a riot and even seditious conspiracy. This sentiment was expressed this week in an op-ed for MSNBC Daily by former federal prosecutor and current MSNBC legal analyst Glenn Kirschner, who cited crimes Trump could be charged with, such as “obstructing officials. trial. “

If these actions are not criminal, then nothing.

As he urged patience on Wednesday, Garland said: “I understand that this may not be the answer some are looking for. But we will and we must speak through our work.”

But how long will justice be delayed? If Garland waits to charge Trump until the middle of the 2022 midterm campaign or after Trump announces a 2024 run for president, then it will look awful politically, which, ironically, is what he is trying to avoid. by Garland to his Department of Justice.

To be clear, the DOJ did an impressive job of prosecuting the more than 700 people who attacked the Capitol on Jan. 6 in an attempt to prevent President Joe Biden from being certified as the winner in the 2020 election. If Garland chooses, however, not to prosecute Trump for his coup attempt and his role in the Jan. 6 terrorist attacks, I believe historians will count it among the major mistakes that ultimately led to the end of United States as a democratic republic.

That may sound over the top for some. But not really. Our republic is hanging in the balance. If Trump’s coup attempt and his alleged role in the January 6 attack go unpunished, Trump-or others like him-may follow that same playbook in the future. And, if law enforcement fails to hold them criminally accountable, they will continue to do so until it finally succeeds.

Dean Obeidallah, a lawyer, hosts “The Dean Obeidallah Show” on SiriusXM radio’s Progress channel. He writes for The Daily Beast, CNN.com and other publications and is a co-creator of the annual New York Arab-American Comedy Festival.

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