The implication of AG Merrick Garland’s speech is that 1/6 was not simply a riot and as we now know, there was a coordinated effort to foment a coup d'état. Slowly we turn, step-by-step.
Garland: "We will follow the facts wherever they lead."
ATTORNEY GENERAL GARLAND: "In 2021, the Department charged more defendants in criminal threat cases than in any year in at least the last five."
Attorney General Garland quotes the late Supreme Court Justice Antonin Scalia to make his point: "As Justice Scalia noted in R.A.V. v. City of St. Paul, true 'threats of violence are outside the 1st Amendment' because laws that punish such threats “protect individuals..." [1/2]
"...from the fear of violence, from the disruption that fear engenders from the possibility that the threatened violence will occur.'” - Attorney General Garland [2/2]
Extraordinary to hear Attorney General Garland outline skyrocketing threats to so many members of society – election officials, airline crews, teachers, journalists, lawmakers, judges, prosecutors and police – in such painstaking detail.
Still, this only scratches the surface.
AG Garland on the full scope of the January 6 investigation:
➡️56 FBI field offices
➡️140 prosecutors
➡️5000 subpoenas & search warrants
➡️2000 seized devices
➡️20,000 hours of video
➡️15 terabytes of data
➡️300,000 tips
➡️725+ defendants
[1/2]
➡️325+ defendants charged w/ felonies [20 pled guilty so far]
➡️145 defendants pled guilty to misdemeanors
➡️40 defendants charged w/ conspiracy to obstruct congressional proceeding and/or law enforcement
➡️17 defendants slated for trials for role in felony conspiracies
[2/2]
• • •
- Though his delivery was dry and revealed him again to be at his very core a jurist, his contempt was clear for those behind the 1/6 attack, behind the escalating threats of violence to American officials at every level, behind attacks on voting rights.
- Indeed, his unhappiness with Supreme Court decisions (like Shelby) diluting the Voting Rights Act was palpable. It was also clear he understands the expectations of those who seek punishment not for the mob on 1/6 but for those who instigated, planned & paid for the attack.
- He understands their frustrations at the slowness of the DoJ to get to holding accountable those responsible for the coup attempt. He said the right words about the processes they are following and why. He said the right words about pursuing the facts wherever they may lead.
- He said the right words about holding even the powerful to account. And, in effect, he asked for patience, seeking to assure citizens that he and his team were proceeding the only way they could or should be.
- In short, he said, judge us by our actions. If those actions ultimately demonstrate the AG's resolve & the commitment of the dep't to bring Trump and those around him to justice...as facts already in evidence clearly indicate must be done...then there will be no disatisfaction.
- But of course, until there are such actions by which to judge this DoJ, unease and frustration will remain. Because of course, should this DoJ come up short, we will not know it until it is too late. Essentially, today Garland asked for the patience of the public.
- His speech came at least in partial recognition of the impatience many feel. He made reference to it. It is now up to him & his team to deliver. A first sign of this will be whether Garland allows the statute of limitations on the Mueller counts of obstruction v. Trump to expire.
- They should start to do so in a matter of wks. If he takes no action on these compelling charges that will be worrisome. Further, how he handles any charges referred to DoJ by Congress will be another indicator of whether today's speech was merely words or it was more meaningful.
- Further, the longer Garland waits, the closer we may be to a GOP administration that could stop prosecution or pardon wrong-doing. While there is no way to stop what such an administration to do, waiting until too late to pursue prosecutions invites GOP mischief.
- Garland's speech today was a palliative, well-written, clearly delivered. What will determine whether or not it was more than will unfold in the months ahead. Until then, we can wait and place hope in Garland's words and seeming good intentions.
- But also until then, the future of our democracy will hang in the balance.
• • •
"You can't go by the book when the book is burning"