Tag Archives: Merrick Garland DOJ Failing to arrest and prosecute Trump

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Merrick Garland DOJ Failing to Hold Trump & Associates Accountable

The Merrick Garland Department of Justice failing to arrest and prosecute Trump for Obstruction of Justice and other crimes, plus crimes committed by Trump’s associates and administration could be a violation of “Accessory after the fact”.

Former Federal Prosecutor Glenn Kirschner explains how Failure to Prosecute could be a violation of; 18 U.S. Code § 3 – Accessory after the fact

“Whoever, knowing that an offense against the United States has been committed, receives, relieves, comforts or assists the offender in order to hinder or prevent his apprehension, trial or punishment, is an accessory after the fact” and can be imprisoned for up to 15 years if found guilty.

The Merrick Garland DOJ failing to arrest and prosecute Trump for Obstruction of Justice is more proof that there’s two (2) Justice systems in the United States… one where an Ex-President can Obstruct Justice, Defend an Ex-President accused of Rape, Pardon Convicted Criminals, dismiss crimes & lessen sentences of friends of the President, Engage in Insurrection, Sedition, Incite Riots, cause deaths and nothing is none about it, and another where “Average Joe” Americans gets the full weight of the “Justice System” brought down upon them for minor infractions.

 




Within one month of taking office, Merrick Garland should have had Trump arrested and prosecuted for the 10 instances detailed in the Mueller Report of Trump Obstructing Justice.

 




Fox News Andrew Napolitano explains how based on the Mueller Report, Trump obstructed justice multiple times.

 




Title from YouTube; “Citizen Trump Should Be Prosecuted For Obstructing Special Counsel Mueller”

Description from YouTube; Andrew Weissmann, former lead prosecutor for Special Counsel Robert Mueller, talks about why it’s important that Donald Trump, as a citizen after he leaves office, face accountability for crimes he may have committed before he was elected as well as potential crimes while in office, like obstructing the special counsel’s investigation.

 




Trump Corruption of DOJ Lingers Under Garland, Risks Precedent

Rachel Maddow reviews the abuse of the Department of Justice by Bill Barr in sacrificing justice to serve the political needs of Donald Trump, and notes that rather than cleaning the department with accountability for indulging that corruption, Attorney General Merrick Garland is apparently punishing none of it and even continuing some of it, risking a precedent that will surely be embraced by the next corrupt president.

 




Robert Mueller Report: Outline For Prosecution

Description from YouTube; “Maddow hones in on Volume II of the Mueller report the day after its release and shows why it could serve as a roadmap to prosecution after Trump leaves office”.

 




Political Hijacking Of DOJ By Trump Raises Cleanup Questions For Garland

Rachel Maddow points out that while the newly released Senate Judiciary Committee interim report on the investigation into Donald Trump’s pressure on the DOJ to help him overturn his 2020 election loss has a clear focus on one particular scheme, it also shows other high ranking officials acquiescing to Trump’s political requests, raising the question of how Attorney General Merrick Garland will hold those officials accountable for abusing their positions.

 




DOJ Must Prosecute Trump Or Else Nothing Matters Anymore
Harvard Law Professor Laurence Tribe has written a new op-ed calling for the US Department of Justice to prosecute Donald Trump. If this doesn’t happen, Tribe argues, the rule of law in the United States is effectively meaningless. He isn’t wrong, and the DOJ has an obligation to make sure that Trump is held accountable for his most egregious offenses

 




Former Federal Prosecutor Glenn Kirschner Lists Potential Crimes Trump and company Committed




Why the Trump Org Criminal Charges May Open the Indictment Flood Gates: A Matter of Precedent

Other countries prosecute their criminal leaders – Presidents, Prime Ministers, etc. For example, France, South Korea, South Africa and Italy have all prosecuted former leaders for crimes they committed while in office. However, in the United States there is no precedent for prosecuting a criminal former president.

Prosecutors generally don’t like to take maiden legal voyages, that is, bring a case that is unprecedented. Prosecutors like to have legal precedent as a blueprint. They like to have the comfort and cover of being able to point to an appellate court opinion – legal precedent – and say, “this has been done before, so I am not breaking new legal ground.”

However, logic and common sense dictate that, if you require precedent to indict a criminal former president then we could NEVER charge a criminal former president. Indeed, the way prosecutors create precedent is by doing something for the first time.

The real question is – is there anything prohibiting the prosecution of a former president for crimes he committed while in office. The answer is a definitive NO – there is no law, no statute, no appellate court opinion and no Supreme Court precedent prohibiting the prosecution of a former president.

This video discusses prosecutorial considerations in taking a maiden legal voyage – brining a novel case for which there is no legal precedent and relates example of when such novel legal cases have been brought in the courts of Washington, DC.

 




Here Are 2 Facts Supporting Donald Trump’s Criminal Responsibility for the Attack on the US Capitol

There has been much discussion about the difficulty of proving that Donald Trump acted with corrupt intent when he whipped-up an angry mob and told them to “stop” the vote certification or, as he put it, “stop the steal.”

I spent 30 years prosecuting cases in courts, military and civilian, proving criminal intent. Given the available evidence, including some recent New York Times reporting about what Trump was saying and doing while the insurrectionists attacked the Capitol and hunted for Mike Pence, it’s crystal clear that Donald Trump’s intent was corrupt from start to finish. Now, it’s time for federal prosecutors to get into the grand jury and begin building a case against Trump for his crimes.

 




Trump’s Unabated Crime Wave Continues: Threatens Officer Who Protected the US Capitol on Jan. 6

Former FBI Deputy Director Andrew McCabe told CNN that Donald Trump’s statements about the office who shot Ashli Babbit while protecting the US Capitol were the kind of “threats” he has sen from “mod basses and drug king pins.” Trump continues to pose a threat to public safety as investigations into his conduct continues.

When federal prosecutors conduct grand jury investigations they must assess two things:
1. When do they have enough evidence to make out probable cause, the standard to arrest the target of the investigation, and
2. if they reach the probable cause standard but decline to arrest the target of the investigation in favor of continuing to investigate in the grand jury, what kind of public safety threat does the target of the investigation pose.

 




As Frustration Grows w/DOJ’s Inaction, Let’s Compare the 1/6 Insurrection Investigation w/Watergate

As Donald Trump continues to spread The Big Lie – continues to undermine the election results and our democracy – frustration grows with the apparent inaction of the Department of Justice.

The fact of the matter is complex conspiracy investigations take time. This video looks at the insurrection investigation through the lens of how long it took to indict some of the main players in the Watergate burglary and coverup.

Additionally, although people are asking if Attorney General Merrick Garland and the others in DOJ leadership positions are up to the task of holding Trump and his criminal associates accountable, given Garland’s prior work as a prosecutor he would fully understand the importance to our nation of holding Trump accountable for inciting the insurrection on January 6.

 




Judge Beryl Howell Gives Voice to Our Frustration Regarding DOJ’s Handling of Insurrection Cases

Washington Post reporting relates that Chief Judge Berly Howell takes Department of Justice prosecutors to task over what she refereed to as an almost “schizophrenic” disconnect between what prosecutors are saying about the unprecedented attack on the US Capitol and our democracy as compared to the extremely light plea offers for the insurrection defendant’s.

Given Judge Howell’s bipartisan creds – having been appointed to high government positions by both President George W. Bush AND President Barack Obama – her observations and criticisms must be taken deadly seriously.

 




If DOJ/Garland Fails To Prosecute Trump, Here’s The Dangerous Precedent That Will Be Set

Donald Trump inarguably committed multiple crimes. If Attorney General Merrick Garland and the Department of Justice fail to charge Trump, a de facto precedent will be set. Here is what’s at stake for the nation if Trump’s crimes go unaddressed.