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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsPublic Notice: The wreckage Merrick Garland leaves behind
His failures left American democracy ripe for the picking.
Lisa Needham
Nov 08, 2024
It has often been said that Donald Trump was running for president to keep himself out of prison. Mission accomplished.
But the fact that Trump wasnt behind bars long ago, that he didnt suffer any consequences for his criming and now likely never will, can be laid squarely at the feet of one man: Attorney General Merrick Garland. Garland dragged his feet on prosecuting Trump for election interference and pilfering classified documents, making it easy for him to run out the clock.
Coming in on the heels of a literal insurrection, Garland was a bad fit for his job from the jump. He made clear early on that he didnt see addressing issues from the Trump era as a priority, declaring that he would not look backward. Garland is an institutionalist, leading him to see his real job as protecting the Department of Justice rather than imposing any consequences on Bill Barr and others who turned the DOJ into a corrupt playground.
Someone who saw the abstract notion of an institution as more important than actual people and actual wrongdoing was never going to be the person who aggressively pursued an ex-president whose crimes were always in full view, which was what the country desperately needed back in 2021.
/snip
Autumn
(46,667 posts)Thanks for posting this.
Bluetus
(296 posts)But if we want to identify the person whose failure to do his job led to this result, it would unquestionably be Garland.
Sadly, he will go to his grave confident that he did the right thing, simply upholding institutional traditions.
But let's not forget that Biden could have replaced Garland at any time.
AloeVera
(2,010 posts)The writing was on the wall 2-3 years ago about who Garland was. Would it have been so disastrous for the Admin to replace him? Surely not as disastrous as this. Mistakes should be corrected, we see the result when they are not.
Bluetus
(296 posts)We know how they would play that: "Biden is firing a good, competent, diligent, professional, non-partisan, all-around-good-guy Merrick Garland because he wouldn't prosecute Trump."
My beef with Garland as appointee (both by Obama and by Biden) is that his main claim to fame was that Republicans wouldn't have any objections to him. Maybe he would have been OK on the SCOTUS, but Obama might as well have nominated Ralph Nader, for all the good that did.
This looked like a sympathy hire when Biden did it. But surely Biden had to understand there were major prosecutions that had to be pursued vigorously. Maybe Biden really believed that Garland would do the job, and his coziness with the Republicans would give Biden some political cover. But after what McConnell did, I don't see how Biden could believe that.
republianmushroom
(18,179 posts)Not the "sole cause", but he had a hell of a lot to do with it.
Those that criticized, Barr should take a close look at Garland, one in the same to me.
"Biden could have replaced Garland at any time," totally agree and should have, but didn't want to appear to be playing politics. IMO
GoreWon2000
(1,080 posts)The anti-democracy way that the dem elites ousted Biden and threw out 14 million 2024 dem party primary votes with their Rehnquist 5 impersonation was a very bad look for the party supposedly claiming to defend democracy in 2024. Sadly, they were AWOL in defending democracy in 2000. Let's also not forget that Biden was one of the dem U.S. senators who refused to co-sponsor the Congressional Black Caucus's challenge to the fraudulent Florida vote count in 2000. That catastrophic failure of Senate dems to act combined with the disastrous Bush White House occupation is what made Trump possible. The dem elites need to look themselves in the mirror on the issue of defending democracy. After voters watched in horror as they were disenfranchised in 2000 by the Rehnquist 5, many of them gave up on democracy. In 2024 many voters saw through the hypocrisy of the anti-democracy Biden ouster and didn't vote. I can't help but notice that the 2 dem U.S. Senators who lost their re-election bids both called for Biden to drop out. I know this is a tough post but some very hard realities about clear failures on the dem side need to be faced and addressed because our country is now headed for an absolute anti-democracy disaster because of them. It's the dem party base who'll pay the price for it.
Trueblue1968
(18,258 posts)Charmin One
(200 posts)Irish_Dem
(59,727 posts)We see now his plan was to stall until Trump could steal his way back into office.
Faux pas
(15,426 posts)Silent Type
(7,334 posts)Everyone knew he is/was guilty, trumpsters just didn't care.
trump voters were like this woman:
?itok=6ojrWtWj
But we needed this:
brush
(58,038 posts)the House Select Committee to finish up and shame him into going after the insurrectionists. And even then he just went after the small fry who actually invaded the Capitol instead of the principal leaders of the insurrection...trump who we saw on TV watching and hoping the revolt would succeed, and of course the rest of his cabal who urged on the crowd at that rally to advance on the Capitol or they wouldn't have a country anymore.
If Garland had moved immediately on trump after taking office trump could've been tried, convicted and jailed of the J6 and stolen docs crimes way before the election came close.
AGs can initiate prosecutions themselves without waiting two years to appoint a special prosecutor, and in this case, where an attempt to overthrow the government was made, the most serious since the Civil War, IMO it was extremely urgent for the slow-moving and Federalist Society member Garland to get right on it.
And btw, is he a rethug mole.
Silent Type
(7,334 posts)recieved more sympathy votes.
But I guess folks have to find a scapegoat.
brush
(58,038 posts)The worse in my lifetime.
RANDYWILDMAN
(2,931 posts)Damn Jeff Sessions doesn't look that bad after all. At least he recused himself from something... a case about a crime he knew, but didn't commit
Fish700
(148 posts)So I have that to thank him for.
SoCalDavidS
(10,599 posts)It is Eminently clear to most of those following along, that's the case here.
brush
(58,038 posts)As in Nikki Haley is the only other rethug with presidential aspirations.
Silent Type
(7,334 posts)He still won, and probably would have won in 2020 without Covid. It aint Garlands fault, Fani Willis fault, or anyone else.
brush
(58,038 posts)Silent Type
(7,334 posts)brush
(58,038 posts)Rethugs would not have nominated a prisoner a sure loser.
Silent Type
(7,334 posts)brush
(58,038 posts)prosecuting trump for inciting the insurrection we all saw on TV, for dereliction of duty for watching it on TV and hoping it would succeed, and also for classified document thefts.
Garland was an a horrendous failure.
Irish_Dem
(59,727 posts)He let down the country, he let down the world.
The issue is not Trumpers, or polls, or elections or what ever other excuses you cite.
Garland failed to do his job, failed as an American.
And that failure will result in great tragedy in the US that will last for generations.
Defend him if you will, but history will be far from kind and rightly so.
FakeNoose
(36,010 posts)That's all he ever wanted to do, besides depositing the grift money into his own account.
What I'm trying to say is ... it was never clear to Chump that the President DOES anything, or has any responsibilities. Even though he was in the White House for 4 years, he didn't understand what was expected of him. That's why he winged it constantly.
Now he's going to do it again for the next 4 years. But behind him there will be an evil, selfish, politically-sharp group pulling all the strings to get their evil shit done.
uponit7771
(91,998 posts)Autumn
(46,667 posts)Barr's coverup of trumps crimes were right there there for Garland to see and probably a lot more. . Mueller's report was there for Garland to see. Neither he nor Biden would release that report to the public. That might have made a difference.
brush
(58,038 posts)if he had been tried, convicted and jailed as we all saw his guilt and dereliction of duty on TV.
republianmushroom
(18,179 posts)any DOJ investigation. IMO
Faux pas
(15,426 posts)he pretty much gave the criminal(s) the thumbs up and the rest of us the BIG EFFING FINGER. He betrayed us and I won't forget or forgive
If Garland had moved forward, and picked up where Congress left him with evidence and an investigation and then moved his tail like some attorney generals have done in the past, there wouldn't have been these interminable delays in the trials. Trump would have been in court long before his lawyers could have fiddled around with a case on Presidential immunity, and had him tried and convicted in both cases, and in prison before the mid-term elections.
brush
(58,038 posts)Garland...a piss poor AG.
yorkster
(2,516 posts)to me as I started to process this. Left open and vulnerable on many fronts.
A sobering and thoughtful post. Thanks.
MustLoveBeagles
(12,694 posts)He made a mistake with this pick.
orangecrush
(22,129 posts)In the last word.
Dennis Donovan
(27,452 posts)None of that happened, and now that Trump won, the federal criminal cases are dead in the water, with Smith likely winding them down before Trump takes office. Theres no point in continuing to pursue the charges, given the rule that sitting presidents cannot be indicted or prosecuted. And even if the cases proceeded, Trump has already floated the idea of pardoning himself.
Garlands protection of the DOJ did nothing but preserve that institution long enough for Trump to return to power and weaponize it against political opponents. It was a profound failure that our democracy will be lucky to recover from.
bigtree
(90,287 posts)...and it comes with zero proof, just these cutesy paragraphs.
Posting one more doesn't make it any more credible.
Intractable
(596 posts)hlthe2b
(106,778 posts)pursue justice for any but the lowest level Jan 6 insurrectionists. And the fatally delayed attempt to investigate/prosecute Trump for this and all his other crimes was lost by the time Smith was finally brought on. I don't blame Smith--he has worked at phenomenal speed, considering, but I do blame Garland (and while I defend Biden on nearly all things, I think he likewise discouraged Garland from being too aggressive on this score for fear of looking like a "partisan investigation"--which was the accusation regardless).
Wicked Blue
(6,785 posts)with an AG with guts?
SomedayKindaLove
(1,108 posts)Dont forget Biden was wrongly accused by the right of firing that Ukrainian Prosecutor (when Biden was VP), supposedly because he was investigating Hunter (he wasnt).
Dems still live by rules of governance that Rs dont bother with anymore in the Trump era. How could Biden fire the AG who was investigating his son? Its another instance of Dems taking the high road. The road, it unfortunately seems, less and less Americans are traveling these days.
DSandra
(1,287 posts)In the real, unsheltered world: might makes right, eat or be eaten, the law of the jungle. The real world has the pity of an iron fist. It's win or die.
republianmushroom
(18,179 posts)Vinca
(51,240 posts)This could have been over and done with and the menace might have been out of our lives forever.
live love laugh
(14,555 posts)PortTack
(34,831 posts)Response to PortTack (Reply #19)
polichick This message was self-deleted by its author.
markpkessinger
(8,587 posts). . . He didn't exactly make any movement to correct his mistake, did he?
onecaliberal
(36,332 posts)moniss
(6,151 posts)member of the Federalist Society.
moniss
(6,151 posts)immediately. But apparently he wants to stay and do damage right up to the last possible moment.
Paladin
(28,976 posts)LiberalLovinLug
(14,383 posts)And right after we watched both Mitch McConnell and Lindsey Graham denounce Trump on the Senate floor.
There should have been a press conference the very next day with Garland. Where he should have announced that he would be starting an investigation IMMEDIATELY. While it was all still fresh in the publics mind. And before any prominent GOP could slither back into Trumpland completely.
An incredible failure. In avoiding prosecuting one of, if not the gravest crime in American history, until shamed into it by Liz Cheney, after it was too late to conclude it before the next election was catastrophic.
Botany
(72,662 posts)
. J-6th, and giving up the names and locations of our intelligence agents and their local
contacts.
We are truly fucked. Thanx Merrick. Btw Trump can now fill the Supreme Court with more
picks from the Heritage Foundation. America is now like Germany after Hindenburg turned power
over to Hitler.
The coup started on J-6th is now come to fruition.
emulatorloo
(45,592 posts)Trueblue1968
(18,258 posts)Linda ladeewolf
(492 posts)I would have been happy and had more respect for Garland if he had jailed trump and prosecuted him to the fullest extent of the law.
TheKentuckian
(26,314 posts)Blue Owl
(54,921 posts)If you or I did what he did, wed currently be behind bars. tRump is a citizen of the USA why is he not held to the same standards? (rhetorically asking)
stillcool
(32,806 posts)investigations. Does it matter who does them? The conclusion always seems to be the same. Nothing. Unless like after the 2000 election the solution is the Help America Vote Act. How apropos.
Passages
(1,430 posts)Akakoji
(244 posts)Obama would have gotten him on SCOTUS. Where he probably would have been used like a doormat as well. Trump should have been arrested in January four years ago.
3825-87867
(1,153 posts)for a while to start prosecutions against tramp's Democratic Enemies as vindictiveness?
If so, I imagine investigations will be much swifter, maybe as swift as when Garland went after Hunter! And if not, tramp will have NO qualms about replacing him immediately as to political partisanship.
But don't give up hope, tramp isn't president - YET. A 78 year old McDonald's heart ain't super healthy. And where's the law that allows for a vice president elect to be automatically installed instead? The 20th Amendment is a bit cloudy although I'm sure Roberts et al can come up with some 16th century excuse, though, such as the idea below.
From an article from Slate - Nov 2008
What if the candidate dies after the election but before the inauguration on Jan. 20? The 20th Amendment states that if the president-elect dies before beginning his term, then the vice president-elect assumes his or her spot. However, the point at which a candidate officially becomes president-elect is debatable. He or she definitely assumes the title after Jan. 6, when a joint session of Congress officially counts the Electoral College votes and declares a winner. But the shift could be said to occur immediately after the Electoral College vote. (See Pages 2 and 3 of this PDF article from the Arkansas Law Review.)
If a candidate dies after Dec. 15 but before Jan. 6, Congress, when it convenes, has to decide whether to count the votes cast for him. (In 1872, three electoral votes cast for the late Horace Greeley were discounted by Congress, but its unclear whether votes cast for a living candidate who subsequently dies would be treated the same way.)
If Congress decides the votes are valid, then the laws of presidential succession kick in, and that candidates running mate moves up the ladder. If Congress decides to throw out the votes, then the question becomes whether the living candidate can be said to have a majority of the overall electoral votesif not, then, according to the 12th Amendment, the House of Representatives must elect the president from among the three candidates with the most votes.
So, if the Democrats take the House it's possible they may not count the electoral votes for thRepublicansns. Could be interesting.
Would be a sweet January surprise.
Intractable
(596 posts)Where are the people on DU who formerly defended him ad nauseam?
I'm sure Trump will pick the nastiest attack dog for the job. Perhaps Aileen Canon.
If Trump goes after leading Democrats, Merrick Garland will be on that list.
Jit423
(430 posts)Obama has to realize how blessed he was to not have had the chance to put him on the SCOTUS where it looks like he would have been the 7th GOP justice.
karin_sj
(1,117 posts)I wish so much that Biden hadn't selected him or that he had replaced him when he realized what a complicit weasel he was. Garland is one of the main reasons that this corrupt, treasonous, cruel, racist, misogynistic, stupid slime ball is now our next president and we may not have a real election again for a long, long time, if ever. Thanks for helping destroy our country you creep.
Kid Berwyn
(18,351 posts)More from https://www.publicnotice.co/p/merrick-garland-failures-explained
In May 2021, the DOJ went to court to block the release of most of a Bill Barr memo that might have revealed how hard Barr worked to avoid charging Trump with obstruction of justice after the Mueller report. There, Garland was continuing work that had begun under Trump. But while it made sense that Barr would want to block the release of information revealing his role in helping Trump, it made no sense for Garland to want the same. The country had both a right and a need to learn everything possible about what happened during the first Trump presidency and led to a spasm of treasonous violence. Thats far more important than getting a generally favorable ruling on the DOJs right to sit on memos.
FoxNewsSucks
(10,840 posts)Just Jerome
(108 posts)from how hard I slapped it when I heard Garland was Bidens AG pick.
Emile
(30,798 posts)when it came to prosecuting Trump.
DinahMoeHum
(22,519 posts)gab13by13
(25,408 posts)Joinfortmill
(16,631 posts)That counts for something with me.
gab13by13
(25,408 posts)20 Magat Senators voted for him.
Magat Senator Mike Lee asked Trump to replace Comey with Garland.
Joinfortmill
(16,631 posts)TheKentuckian
(26,314 posts)What sign are you waiting on now, the second coming, first contact with the Vulcans, or the Age of Aquarius?
Joinfortmill
(16,631 posts)gab13by13
(25,408 posts)Sent a blistering letter to Garland after he released the Hur report that called Joe old, weak and feeble with memory loss as his reasons for not prosecuting him. Joe Biden was furious with Garland after the Hur report.
TheKentuckian
(26,314 posts)I really don't grasp what you are waiting to see.
This book is written and closed. Garland is an utter failure.
Scrivener7
(53,202 posts)There's no seeing now!
What do you think you're going to see???
republianmushroom
(18,179 posts)AloeVera
(2,010 posts)Why oh why oh WHHHYY??
JHB
(37,467 posts)...as a moderate, and as someone the Republicans might accept as a nominee. We all know how that turned out. Mitch McConnell saw the chance for a complete block and took it.
If Hillary had won, odds are that Garland would be on the USSC, with Mitch finally going along in order to deny Hillary the pick.
Joe picked him because Obama did, and the symbolism of that. But it was still the wrong call, putting the wrong man in place for the job that needed to be done.
When Republicans are in power they go all-out for as much as they can. It's only our team that has had this overweening need to appear moderate and nonpartisan at all costs. And it has cost us.
markpkessinger
(8,587 posts)McConnell refused to grant him consideration, until Garland finally withdrew his nomination.
JHB
(37,467 posts)markpkessinger
(8,587 posts). . . I misread your comment, and interpolated a "not" after "Joe picked him because Obama did." My bad!
JHB
(37,467 posts)Quanto Magnus
(1,034 posts)whether it was intentional or not... results are the same.
aurora the great
(110 posts)Thank you for giving voice to this. Lets give some credit where credit is due. Thanks for nothing Merrick Garland
Ruby the Liberal
(26,331 posts)he is in for a rude awakening.
gab13by13
(25,408 posts)Was a ruse to delay going after TSF
Dana Nessel sent Garland a criminal referral to prosecute her fake electors. Garland sent Lisa Monaco out to publicly announce she was investigating the referral. This was another ruse to delay acting, Nessel waited a year and prosecuted them herself.
Garland shit canned criminal referrals from the J6 committee for Ken Chesebro and Mark Meadows.
Yavin4
(36,615 posts)Instead of directly the atrocities that occurred.
Orrex
(64,327 posts)uponit7771
(91,998 posts)Emile
(30,798 posts)Emile
(30,798 posts)republianmushroom
(18,179 posts)old enough to have seen numerous high profile cases take even longer to indict
...this was light speed in comparison.
https://www.democraticunderground.com/?com=view_post&forum=1002&pid=19690611
Reply to republianmushroom (Reply #34)
Fri Nov 8, 2024, 06:30 PM
Emile
(30,798 posts)on live TV.
republianmushroom
(18,179 posts)So you will have to ask bigtree.
Scrivener7
(53,202 posts)Unbelievable!!!
bigtree
(90,287 posts)...not once does she talk about the courts who delayed every piece of evidence, most notably the evidence that GARLAND used SUCESSFULLY in myriad appeals to testimony and other communications from his top aides and attorneys which, in fact, were fought by Garland well after his appointment of Jack Smith to take what he had gathered since at least as far back as 2021 and present it to the GRAND JURIES which the federal government uses to bring charges forward.
GRAND JURIES bring the charges, not the administrator of the DOJ.
Fuck, Just stopping there proves how dirt-dumb and false this scapegoating of Garland is. He doesn't bring charges forward, his prosecutors do AFTER they run them through grand juries.
I mean, without knowing spit about Garland's 'priorities' she just makes it up to suit her vapid hit piece.
Then she blames Garland for the fucking Mueller report that Barr buried? Jesus this is stupid. But more importantly, this is misinformation dressed up in weak aphorisms like 'brought a knife to a gunfight.'
Until we get the details of the actual investigation, this is just more internet fantasy prosecution. Hell, Jack Smith inherited fucking TWENTY career prosecutors from Garland, and what was described at the time as a 'fast moving investigation' which had gathered more evidence to hand over to Smith than Mueller started with.
There were at least 6 top lawyer aides listed in the indictments who had their attorney client privileges revoked on the evidence GARLAND produced and presented to the appeals court judges to have their attorney client privileges revoked and force them to talk. That took YEARS for the courts to schedule and resolve in Garland's favor, in several separate hearings.
Besides, nothing prevents a charged or convicted felon from running or assuming office.. NOTHING but our votes. So what the fuck does this person believe was going to happen?
Did she not just watch this election? He's already a convicted felon. Where the fuck was he supposed to be restrained from winning by the DOJ?
And doesn't ANYONE see anything ironic (if that's the word) about complaining about the DOJ's prosecution of Trump's attempt to interfere in the election, and at the same time, just shouting at Garland for not essentially politicizing the Justice Dept. against Biden's political rival.
I mean, Garland's critics are openly chastizing him for being mindful about this fantasy invention of theirs that he said or did something that indicated he was making decisions based on some fear of being seen as political.
Ffs, his actions in arresting and convicting 1200 Trump supporting rioters on charges up to the crime of Sedition just makes an absolute lie of that nonsense claim. Not to mention that it was Garland, on his own volition, who hired the man who hastened the evidence GARLAND's prosecutors had gathered into TWO historic, multi-felony indictments against a former president.
It's literally never been done, and likely won't again. None of his critics have done anything approaching the accountability and effort Garland's DOJ put into investigating and prosecuting Trump.
No other prosecutor in Trump's history, either, has obtained and pursued two multi-felony indictments against him as aggressively as Garland's DOJ.
To me, this looks like this writer has zero interest in holding either the perps or the courts responsible for delaying and effectively ending the prosecutions for Trump. Neither do the Garland critics, it appears.
Man who prosecuted over 1200 Trumpers, bad?
Courts which blocked him, meh?
This article is written for rubes, imo, and for whatever she's ultimately looking to get attention for.
Zero facts. Just like every other time you post this screed defending this incompetent boob. Are you related or something?
bigtree
(90,287 posts)https://www.cnn.com/2022/12/11/politics/jack-smith-special-counsel-high-profile-moves-trump-criminal-investigations/index.html
https://www.cnn.com/2022/12/11/politics/jack-smith-special-counsel-high-profile-moves-trump-criminal-investigations/index.html
Smith started with more evidence than what Mueller started with, and integrated into a fast moving investigation including a year long financial probe which had flown under the radar.
Took over a staff twice the size of Muellers, some 20 prosecutors.
Autumn
(46,667 posts)Between the information the J6 committee and what the doj had that Barr covered up he had enough to go after him and his accomplice. He sat there silent.
republianmushroom
(18,179 posts)Autumn
(46,667 posts)Last edited Sat Nov 9, 2024, 03:37 PM - Edit history (1)
he ran out the clock. History will not be kind to him or trump.
area51
(12,188 posts)Clouds Passing
(2,716 posts)Last edited Fri Nov 15, 2024, 10:05 AM - Edit history (1)
traydor as AG.
pandr32
(12,277 posts)republianmushroom
(18,179 posts)Stinky The Clown
(68,476 posts)I can't rec this post more than once.
Blue for the win
(81 posts)Wonder how much it took to buy him off?
NEOBuckeye
(2,835 posts)Fucking goody two-shoes.
Martin Eden
(13,563 posts)But Rethugs screamed witch hunt and weaponization anyway when independent Counsel Jack Smith was appointed.
Then Cannon used the SC as an excuse to dismiss the documents case.
Merrick Garland cannot escape at least some of the blame for justice delayed becoming justice denied.
Tommymac
(7,334 posts)Just wanted to go on record here with my opinion.