The January 6th Committee is winding down, we don’t know what future investigations may occur in the Senate to pick up where the House left off. However, the investigation that will matter most to Trump is what the DOJ does.
We’re aware there is an investigation and it has gone on for a long time. Many lower-level defendants have been scooped up and are in various stages of prosecution. What is less clear is where the investigation is with respect to Trump and those who assisted him in his administration and in Congress to facilitate the January 6th insurrection.
This thread is to pick up where the January 6th Committee threads will leave off. We know that there is now a special counsel in charge of this investigation as well as the Mar-a-Lago documents investigation. This thread is dedicated to DOJ’s investigation into January 6th only.
Here’s a development to start this thread off (gift link):
Curious why you’re segregating the topics like this. Isn’t it possible that, with a single special prosecutor now in charge of both investigations, there could be lots of overlap?
I don’t expect there will be much if any overlap. Each investigation is going to proceed on an entirely separate track with different lawyers trying them. Jack Smith will oversee both, but that’s all they have in common.
The January 6th investigation/prosecution will take far longer than the documents case. It will be very involved, lots of delays as DOJ will have to respond to all of Trump’s motions to stop witnesses from testifying, etc.
The documents case is largely a paper case. There will be witnesses to be sure, but it’s mostly a matter of educating the jury as to what types of documents fall under the rules of the Presidential Records Act and handling of classified documents. Then DOJ will have to show what documents came from where, taken by whom, etc. In comparison to January 6th, it will be indicted and tried much quicker.
I opened this one due to the story linked above.
I think we can continue our discussions of the documents case in the existing FBI Search and Seizure thread, unless someone wants to split that off into a new thread when DOJ actually indicts. I think that will happen comparatively soon. We can decide then. Either way is fine with me.
One last thought: The January 6th proceedings are going to be a long slog chiefly because there is no precedent for criminally trying a former president of the United States for, well, anything. There is nothing to look to, so every issue will be subject to appeal – and all that that implies – going up the chain to SCOTUS. Trump will be tried for things he did while still president of the United States.
The documents case, he is largely being investigated and likely charged due to things he did as a regular citizen. Lots of precedent for that. It doesn’t mean he won’t attempt his standard delay tactics, but they can be heard and ruled on much quicker.
I don’t think there is anything about the care Garland has taken in building the case against Trump that can be characterized as incompetent or being excessively careful. I would say he wisely is keeping in mind the precept that when you come for the king, you better not miss. I understand for some who are rabidly focused on revenge this looks like weakness but I would say it is actually wisdom.
Hid as off-topic and attacking other posters, Please DO NOT reply
Can you Garland apologists stop misrepresenting the rest of us. It’s not fucking revenge, it’s a nation on the brink of totalitarianism that demands that the insurrectionists be brought to justice.
Now, Garland’s timidity may have inadvertently led us to the place where putting Trump in prison might be worse for the country than putting him behind bars…if he destroys the GOP. But I’m skeptical this was Garland’s plan.
And while, yes, it wouldn’t do to be too hasty, it also wouldn’t do to be too slow. We’re on a slide towards totalitarianism, and we don’t know how long we have before we hit bottom.
Your concept of wisdom is a little different from mine.
Last time I checked, Trump was not a king. He’s just an overly privileged fat white dude who’s committed several crimes in front of everyone. I’m sure every night in DC many people go to sleep praying that Trump will kick the bucket in his sleep so this whole problem will go away before they have to make a definitive stand–including the Attorney General.
Justice delayed is justice denied. Every day Trump is not held accountable, his allies and fellow travelers grow more confident (look at Greene & DeSantis, for examples). I’m afraid someone with more brains than Trump (admittedly, not a high bar) is going to come along, grab what he’s started, and really ride it to town. Hello, American Dictatorship!
off-Topic {WE?}
By the way, how’s that investigation of the Secret Service going?
We need to find a way to stop this. Maybe buy the judge a big, “NO MR. TRUMP YOU CAN’T DO THAT” stamp, and just have the judge stamp that on everything he sends in? I mean, how many times do we expect the courts to go through the same nonsense? All his objections are the same, so why can’t we just get them all dismissed in one big go?
It just ain’t the way the law works. The law is slow. It is painfully focused on splitting hairs and picking nits. It looks terrible if you don’t usually pay much attention to how it works, but it really is a thing of beauty. Moreover, when it’s not abused, it is the system that protects all our civil rights.
Years ago, I went to work for a Public Defenders’ office. Like many folks, I wondered, how can these lawyers defend people they know are guilty? I had the opportunity to ask the chief Public Defender this question. He smiled at me and this is basically what he said:
“We know we defend a lot of guilty people. Our job is to ensure they are convicted lawfully and that their civil rights are respected. No coerced confessions, no planted evidence, no coaching of witnesses. If a conviction is obtained within the parameters of the applicable law, we sleep just fine at night.”
And I finally understood the importance of testing the law at every turn.
I do understand how frustrating it is to watch it in action. Kind of like watching a slug traverse my pasture. And anything less is a to put a foot down the road to authoritarianism.