Merrick Garland

2022 - 8 - 9

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Image courtesy of "The Washington Post"

Garland vowed to depoliticize Justice. Then the FBI searched Mar-a ... (The Washington Post)

Attorney General Merrick Garland is in the middle of a political firestorm after the FBI searched Donald Trump's Mar-a-Lago golf club and home.

“And it’s just as important to depoliticizing the department to ensure that no one is above the law as it is to try to avoid prosecuting the president or someone from the opposite political party.” Five people died on that day or in the immediate aftermath, and 140 police officers were assaulted. Congressional hearings: The House committee investigating the attack on the U.S. Capitol has conducted a series of hearings to share its findings with the U.S. public. “Protecting civil rights and combatting white supremacist violence was a founding purpose of the Justice Department, and one that we will continue to pursue with the urgency it demands.” Stanley Brand, a former House counsel who represents some of the Jan. 6 defendants and witnesses, said that search warrants don’t always yield any blockbuster or useful information. Here’s a guide to the biggest moments so far. She said it showed the attorney general wasn’t trying to appeal to any group during the investigation and has been letting the probe run its course. “Part of it depends on what happens hereafter.” Time and again, Garland has refused to discuss that probe or any other investigation in progress, whether or not it involves the former president. He made just one public comment on Monday, about the sentencing of three men convicted on federal charges in connection with the murder of Ahmaud Arbery, a young Black man killed while jogging in his Georgia neighborhood. For months, Trump’s critics — especially, but not limited to, the left — pummeled Garland for not moving quickly to investigate Trump on multiple fronts. But the FBI’s highly unusual court-approved search Monday of former president Donald Trump’s Mar-a-Lago Club put Garland square in the middle of a huge political firestorm.

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Image courtesy of "The New Yorker"

After the Trump Raid, Silence Is Not an Option for Merrick Garland (The New Yorker)

The F.B.I. search of Mar-a-Lago will either strengthen or erode public trust in the Justice Department and its leader.

Trump and his allies will take any opportunity to attack and discredit the Justice Department, the F.B.I., the January 6th committee, prosecutors in Georgia and New York, and anyone else who investigates the former President as engaging in a political “witch hunt.” Trump almost certainly received a copy of the search warrant and could release it publicly, but is unlikely to do so. “The only thing unusual in this case is that the classified material apparently was under the possession and control of a former President of the United States who fancies himself above the law.” Trump, in a statement issued after the raid, on Monday, claimed that “after working and cooperating with the relevant Government agencies, this unannounced raid on my home was not necessary or appropriate.” A federal judge, nonetheless, had ruled that investigators had probable cause that a crime had been committed, and issued a search warrant. Now the best way for him to counter the former President’s false narratives and to create public trust in the Justice Department is to prioritize transparency over secrecy. If Garland does not indict Trump and reveal there is clear evidence that he committed a potential crime, he risks emboldening the lawlessness of the former President and his allies on the far right. Since Watergate, the Justice Department has strengthened rules that require prosecutors to keep investigations secret, and to not announce indictments at times when they can impact elections. An individual with knowledge of the probe said evidence that the former President had knowingly mishandled classified documents, by removing them from the White House, is strong. Attention immediately focussed on a little-known federal law that makes it a crime when someone who has custody of government documents or records “willfully and unlawfully conceals, removes, mutilates, obliterates, falsifies or destroys” them. The raid may prove to have simply been an effort to recover classified documents that belong in secure government facilities. Otherwise this search on a former President’s home is a disgrace.” During his more than twenty years on the bench as a federal judge, he issued hundreds of rulings, on issues ranging from national security to tax law. In his time as a federal prosecutor, Merrick Garland tried dozens of cases, from street crimes to the Oklahoma City bombing.

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Image courtesy of "New York Post"

If Merrick Garland doesn't give a solid, fast reason for raiding ... (New York Post)

Attorney General Merrick Garland's Justice Department and the FBI carried out a raid of former President Donald Trump's Mar-a-Lago estate this week.

Trust in federal law-enforcement is at rock-bottom for at least half the nation, for good reason. The House hearings are a national TV ad to that end. So Attorney General Merrick Garland has a clear duty to address the nation and explain Monday’s unprecedented FBI raid on a former president’s home.

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Image courtesy of "The Tennessean"

Attorney General Merrick Garland cannot afford to miss a legal shot ... (The Tennessean)

Attorney General Merrick Garland's handling of Donald Trump will reflect on Biden and congressional Democrats regardless of what they have to say.

The Justice Department should apply the law to the facts and determine whether there’s enough evidence to bring a credible case. By executing the search warrant at Mar-a-Lago, Garland has put himself on the clock to charge Trump. If Garland is focused solely on recovering classified documents, the raid is both overkill and political malpractice. Politicization at the Department of Justice is an ongoing national blight. USA TODAY Network Tennessee Columnist Cameron Smith is a Memphis-born, Brentwood-raised recovering political attorney raising three boys in Nolensville, Tennessee, with his particularly patient wife, Justine. Direct outrage or agreement to [email protected] or @DCameronSmith on Twitter. Agree or disagree? President Joe Biden rightly vowed to address the issue. Good prosecutors take time to build their case. Democrats should be praying that Eric Trump isn’t getting the full picture. The FBI’s raid of Donald Trump’s Mar-a-Lago residence should sound familiar. There wasn’t a raid to retrieve it. Reality is rarely as simple as knee-jerk reactions. - The Justice Department should apply the law to the facts.

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Image courtesy of "Newsweek"

Merrick Garland Is Compromised. He Must Stand Aside and Appoint ... (Newsweek)

A special prosecutor must be appointed immediately, or the Biden Justice Department will have squandered the trustworthiness crucial to upholding the rule ...

Legal ethics rules require every prosecutor to be a " minister of justice." But when the former president is an all-but-certain political opponent of the president, then the Attorney General must recuse himself and appoint a special prosecutor. And this happened despite the fact the search warrant affidavit had not (and still has not) been made public. In a clash of coincidence apropos to our times, it was the Supreme Court seat left vacant by Scalia's death in 2016 that Merrick Garland fancied for himself. Indeed, since nearly all federal investigations involve taking evidence before a grand jury that operates in secrecy, releasing anything from that chain is likely illegal. Let me be clear: If there is solid evidence that any former president has committed a serious crime, he must be held to account.

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Image courtesy of "The National Interest Online"

No Time to Lose: Why Merrick Garland Must Indict Donald Trump (The National Interest Online)

An early indictment may not on its own be enough to derail Trump's efforts once more to seize the helm of this great land. But it must be done.

Merrick Garland should not wait for Trump to announce another run for the White House. He should indict him as soon as possible and no later than Labor Day. Trump is expected formally to announce in September that he is once again running for the presidency. Yet it is critical that Garland accelerate his investigation and indict Trump. The former president is dropping increasingly heavy hints that he intends to run for his former office in 2024. Well before January 6, I wrote in The National Interest that Trump was the most dangerous man ever to reside in the White House. Dick Cheney, no liberal and no RINO, has gone even further. He also served as the DoD’s civilian coordinator for Afghan reconstruction from 2002–2004. He serves on the Advisory Board of The National Interest. Moreover, an early indictment would certainly embolden his Republican rivals—and there are many—to challenge him for the nomination. It was slow to arm Ukraine with HIMARS rockets and other high technology systems, with the result that Kyiv lost more territory to Russia than might otherwise have been the case. It was slow to recognize that its “Build Back Better” domestic plan had absolutely no prospect of ever getting through the Senate. The cost of the far more realistic plan that actually did pass into law involved just over 20 percent that of its original version. Garland’s exceedingly deliberate approach appears to mirror that of the administration as a whole. On any given day, those unfortunate enough to be on Trump’s mailing list might be asked to vote in polls such as “who would you have as your next president, President Trump or Joe Biden?”—the latter not being accorded the title to which he was elected. It is indeed puzzling why Garland has yet to act after nineteen months of having his Justice Department investigate what happened on that January day. Attorney General Merrick Garland has been accused of moving too slowly to indict Trump. There is considerable merit to the accusation.

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Image courtesy of "Slate Magazine"

With the Trump Raid, Merrick Garland Draws a Line in the Sand (Slate Magazine)

Around 7 p.m. Monday night, the tweets starting flying. The FBI had “raided” Donald Trump's home in Palm Beach, Florida. Or so he said.

A rain of joy, and of memes, and of hopes. He’s not protected by the office anymore, he’s not protected by the banks anymore, he’s not protected by his father anymore” and this put him in the position to be subject to a search warrant. All of that plus the books and articles and court decisions and reports. A pressure cooker of infinite details and theories. Even my recent book on white collar crime called Big Dirty Money devotes space to his pre-election predation, concluding that had he been held accountable for his many bad deeds before he first ran for president, he would have spent time in federal prison and not the Oval Office. A mind and office shelves and drawers jam-packed with information. Bribery. Seeking help from Ukraine to interfere in the 2020 election. Seeking Russia’s help to interfere in the 2016 election. And he and a judge were convinced there was probable cause of a federal crime. As Mary noted, after Monday night, we learned that the playing field is a little more level than it was before. The agents remained several hours to execute the search warrant that sought top-secret documents apparently pilfered by the former president on his way out of the White House in late January of 2021. And, trusted journalists who have access to the platforms that he still covets, said he said.

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Image courtesy of "The New York Times"

Garland Becomes Trump's Target After F.B.I.'s Mar-a-Lago Search (The New York Times)

The attorney general has not commented on the search at Donald J. Trump's home in Florida, and the former president and his allies are filling the void with ...

In a statement on Monday night about the Mar-a-Lago search, Mr. Trump repurposed that line of criticism. Doing so will give you access to the work of over 1,700 journalists whose mission is to cover the world and make sure you have accurate and impartial information on the most important topics of the day. When Republicans take back the House, we will conduct immediate oversight of this department, follow the facts, and leave no stone unturned.” I’d like to thank you for reading The Times and encourage you to support journalism like this by becoming a subscriber. “I understand that this may not be the answer some are looking for,” he said during a speech marking the first anniversary of the Capitol attack. Mr. Garland enjoys a significant advantage over Mr. Mueller as he heads into battle. Mr. Trump’s broadsides helped define the Russia investigation as a partisan attack, despite the fact that Mr. Mueller was a Republican. But it comes with its own peril — ceding control of the public narrative to Mr. Trump and his allies, who are not constrained by law, or even fact, in fighting back. But people close to Mr. Garland say that while his team respects Mr. Mueller, they have learned from his mistakes. The Mar-a-Lago search warrant was requested by the Justice Department’s national security division, whose head, Matthew G. Olsen, served under Mr. Mueller when he was the F.B.I. director. The Justice Department would not acknowledge the execution of a search warrant at Mr. Trump’s home on Monday, nor would Mr. Garland’s aides confirm his involvement in the decision or even whether he knew about the search before it was conducted. “Under Justice Department policy, we were not allowed to take on those criticisms,” Mr. Weissmann added.

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Image courtesy of "POLITICO Magazine"

Opinion | The One Thing That Is Very Clear from the Search of ... (POLITICO Magazine)

Renato Mariotti is the Legal Affairs Columnist for POLITICO Magazine. He is a former federal prosecutor and host of the “On Topic” podcast. The search warrant ...

To obtain the warrant, the DOJ had to present a detailed affidavit to a judge walking through the evidence they have that a crime was committed and providing some reason to believe evidence of that crime is at Mar-a-Lago right now. It signals that he is under criminal investigation and that DOJ had a very good reason to seize materials from his home. I emphasize “right now” because the government needs to show that there was probable cause to believe that evidence of the crime was present at Mar-a-Lago at the time of the search. That’s because a federal judge determined that there was good reason to believe a federal crime was committed and that evidence of the crime was in your home. To be clear, the execution of a search warrant doesn’t necessarily mean that the evidence points to the owner of the home as the person who committed the crime. As a former federal prosecutor, I do not believe Garland would have authorized the application for this warrant if he thought there was not at least a very high likelihood that incriminating evidence would be found and that it would be sufficient to build a case against Trump.

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Image courtesy of "New York Post"

Washington Post deletes tweet accusing Merrick Garland of ... (New York Post)

"Garland vowed to depoliticize Justice. Then the FBI searched Mar-a-Lago," read the headline of a story written by Justice Department reporter Perry Stein.

We’ve deleted the tweet.” The new headline reads: “FBI’s search of Mar-a-Lago lands Merrick Garland in a political firestorm.” One of its political reporters, Dave Weigel, was suspended for a month without pay in June for retweeting a post that was deemed sexist. “No, he’s in the middle of unraveling a crime spree committed by the former president of the United States. There…fixed it for you,” one Twitter user wrote. “Garland vowed to depoliticize Justice. Then the FBI searched Mar-a-Lago,” read the headline of a story written by Justice Department reporter Perry Stein. The Washington Post deleted a tweet promoting one of its stories on Wednesday that suggested Attorney General Merrick Garland “politicized” the Department of Justice by authorizing an FBI raid of former President Donald Trump’s Mar-a-Lago estate.

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