Merrick Garland: "The actions we have taken thus far will not be our last"

[EarlG]

"The actions we have taken thus far will not be our last. The Justice Department remains committed to holding all January 6 perpetrators -- at any level -- accountable under law, whether they were present that day, or were otherwise criminally responsible for the assault on our democracy. We will follow the facts wherever they lead."

Direct quote from the presser just now.

[boston bean]

1. How do we explain Comey and Barr commenting on investigations?

Mueller said same things look where that got us.

I have little confidence at this time.

[kairos12]

5. I read the Mueller report entirely.

The lack of response to that report by legal authorities has totally convinced me no report coming out of Congress or the DOJ will have ANY impact on Trump or the MAGA horde.

[BigmanPigman]

8. I sadly agree.

[uponit7771]

12. +1, justice should be swift and blind and on Mueller report its neither

[Qutzupalotl]

17. Barr was never going to prosecute Trump.

He even deceived the public as to the Report's contents, to quell any outrage.

I think Congress could still refer Trump to DOJ over the Mueller findings, but after Trump's sweeping pardons, that would be difficult — hard to flip people. The obstruction cases are strong, though.

At least we have Garland on this case.

[Alpeduez21]

28. There is no flipping necessary

The acceptance of a pardon is the acceptance of a guilty verdict. It is the acceptance of agreeing to cooperate with any investigations related to the pardon. I believe these are part of the terms of a pardon.

[ShazzieB]

56. Do you have a source for this?

I don't think this is accurate. Being pardoned means absolution of guilt, not "acceptance of a guilty verdict."

pardon

A pardon is the use of executive power that exempts the individual to whom it was given from punishment. The president’s pardon power is based on Article II of the Constitution which says, “…he shall have power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment. Unlike a commutation, which shortens or eliminates an individual’s punishment, a pardon absolves the individual of guilt.

http://law.cornell.edu/wex/pardon

[TomSlick]

67. There is dictum in an old case

suggesting that a pardon must be accepted to be effective and that acceptance of a pardon is at least some acknowledgment of guilt. However, the language is arguably obiter dictum. I have found no convincing precedent to the effect that accepting a pardon is an admission of guilt.

[Ocelot II]

61. That is incorrect.

It's a common misinterpretation of Burdick v. U.S., in which the Supreme Court held that a person may reject a pardon. Although the court stated that a pardon carries an imputation of guilt and acceptance of a confession, this was only part of the Court's dictum for the case and not its holding. Since the acceptance of a pardon has never been specifically held to be the equivalent of a confession, it is not construed as having the same legal effect as a guilty plea. The pardoned person is also not obligated to cooperate with ongoing investigations related to the crime for which he was pardoned. There is a process for applying for a pardon, and the applicant's cooperation can be considered, but the president's pardon power is absolute, and there are no Constitutional strings attached at all.

[stopdiggin]

77. thank you. I don't know where some of this stuff

comes from. But the assertion that 'cooperation' is assured or contingent ... That appears to be just fancy.

[Volaris]

21. I STILL want Biden to release the unredacted version.

I want NAMES.

[Evolve Dammit]

55. Reluctance to do so with no explanation just screams of intentional injustice. If you can't due to

Grand Jury restrictions, etc., just tell the American public. We can handle the truth. All else is subject to doubt about the multi-year process and entire DOJ/ FBI protocols and system.

[AZLD4Candidate]

43. Hitler got six years in a luxury prison cell with a personal assistant and regular visitation

for the Beer Hall Putsch. Kapp got nothing for his.

We're going down the same route.

[DallasNE]

74. Big Difference Now

Merrick Garland is no Bill Barr. Mueller had to make some compromises to keep from getting fired by Trump. In hind sight he needed to make the speech Merrick "at any level" Garland gave today. Under the circumstances, I had no confidence Mueller would go after the "big fish" - he did not follow up on any leads that pointed in the direction of a Trump family member. No straight-jackets this time around.

[Ohio Joe]

19. And they were both wrong to do so...

Just look what it got us... Nothing. Perhaps it is time to do things correctly.

[we can do it]

26. Exactly

[question everything]

49. Mueller was hired by the DOJ which limited its authority and later just filed it.

[ShazzieB]

59. Mueller was not the attorney general.

Barr was AG, and he was devoted to protecting Trump.

Sorry, but you're comparing apples to oranges here.

[herding cats]

2. It stood out to me as well.

It was a very deliberate statement.

[SWBTATTReg]

3. Thanks. I can't seem to get closed captions, so the ongoing commentaries are very nice...

[LoisB]

50. This has the CC Hopefully, I did it right.

[SWBTATTReg]

82. Thanks so much, the CC is wonderful. You are a lifesaver!!

[LoisB]

86. You are very welcome.

[snowybirdie]

4. That was the heart of his entire speech

Basically telling us he's not finished. Fingers crossed!

[EarlG]

16. Right...

Seemed like this could have gone a few different ways. The least likely, to me, was that Garland would announce indictments of Trump's inner circle, or a special prosecutor. Given that the anniversary is tomorrow, I was expecting this to be basically just a brag on how many people they've charged -- almost a wrap-up, if you like.

He must of course be aware that people have been critical of DOJ and what they're up to with the Jan. 6 investigations, which is probably what prompted the above statement. The fact that he seemed to give it special emphasis did feel significant. He did not give the impression that they are wrapping this up.

Bigger picture though, I thought this was a good reminder that LOTS AND LOTS OF SERIOUS CRIMES WERE COMMITTED ON JANUARY 6, as we head into the anniversary tomorrow, and with public Select Committee hearings soon to follow.

[PatrickforB]

25. You know what was interesting to me, Earl, was that I was tracking the comments

as he spoke - even made a few. Many of the right wingers had little to say but stupid stuff, like 'go Brandon,' 'Bill Clinton's crimes,' and stuff about Antifa, BLM, and the Panthers. I had to wonder how many of these people were posting these meaningless one-line comments from places like St. Petersberg, Beijing or Pyongyang.

Seriously. I'd be willing to bet up to 2/3 of these pro-Trump comments did not originate in the US.

As to your take on Garland, a lot of people on here don't seem to have that much confidence in him, but Obama chose him as a SCOTUS nominee, so I do have confidence. To my mind, what we need are people who are straight arrows like Garland who will do what needs to be done, as the Brits say, without affection or favor.

A time is coming when elected officials and our military will have to remember the oaths they swore, I think, and this presser made me think Garland will remember his.

[IrishAfricanAmerican]

31. I think you're spot on...

on both points. The source of a large portion of the troll activity is indeed outside the US. Also that Garland is going to handle this effectively and fairly.

[Bev54]

51. You are right, if you have ever watched Jen Psaki on PBS facebook page during her

press briefings, it is constant one line comments like that, over and over. I have no doubt they are bots.

[Volaris]

24. Well, heres the thing. Unless hes going to empower a Special Prosecutor that can

exist absent any timeframes, if Garland WANTS TO he can run out he clock the same as the republicans.

[Bev54]

52. Why would he do that now? He has 3 years to go and a lot can be produced in 3 years.

[Torchlight]

6. That's an encouraging statement.

And goes out of its way to impress upon us that nothing and no one of note has been ruled out.

[highplainsdem]

7. That's the line that struck me, too:

https://democraticunderground.com/?com=view_post&forum=1002&pid=16215103

[agingdem]

10. that's the point...

no one is above the law..DOJ is going after everyone connected to 1/6 and that means before, during and after...I feel better...

[Firestorm49]

9. I heard more about protection of rights than prosecution of offenders.

[agingdem]

14. Garland has to get this right...justice moves at a snail's pace..

Last edited Wed Jan 5, 2022, 08:04 PM - Edit history (1)

now we know the DOJ is investigating 1/6...I'll bet multiple investigations...Garland is careful...when he goes after Trump and his enablers he has to have incontrovertible proof...no daylight...

[uponit7771]

11. Good for him, this speech mostly is for those looking down

[MineralMan]

13. Yes. That's a very important statement from the AG.

I'm encouraged by what he said, and think there will be much more to come in the next few months.

Timing will be important, and I think the timing will be spot on as we move through 2022.

[40RatRod]

15. I had hoped he would say...

...no one is exempt of our investigations, even members of congress

[MineralMan]

18. He did. Read it again.

[agingdem]

23. he did..Garland's going after everyone..

and typical Garland he has to give the appearance of no bias...he's not Chuck Todd..bothsidesdoit...he's quieting the rabid Trump enablers ...and he's letting the exploding heads know Garland's DOJ is not Barr's DOJ..he's not "working" for Biden..

[ShazzieB]

60. EXACTLY.

Especially this:

Garland's DOJ is not Barr's DOJ..he's not "working" for Biden.

This is what a lot of the naysayers seem to keep forgetting. Barr was very much working for Trump, in every sense of the word. Up until he resigned, his decisions were driven by a desire to protect Trump from the consequences of his actions.

Garland is working for the United States Department of Justice, and he has absolutely no motivation to protect Trump from anything whatsoevet.

[bucolic_frolic]

20. What about my freedumbs to do what I wants to do?

Like breathe on people when I'm contagious, overturn elections I don't like, and shoot what I want, where I want?

[Joinfortmill]

22. Yup, they're going after every one of those M'fu*ckers

[Botany]

27. "Courts have imposed shorter sentences before they might have to impose longer sentences."

aka If you broke into the Capitol and walked around, plead guilty, took ownership of your crime,
and helped investigators you get a slap on the wrist but the others are looking at some real time.


Hello Mr. Stone and your Oath Keepers.

[stopdiggin]

78. among the sillier complaints

being lodged - and it has been addressed many times already. Completely understand the outrage that these 'boobs' generated on Jan. 6th. But, if you can't understand even this basic level of 'charging, admission, cooperation, etc.' and 'lesser precedes greater' - then you're really pretty much in the dark on these things - and perhaps you should spend more time listening, and less commenting

[Botany]

81. "Courts have imposed shorter sentences before they might have to impose longer sentences."

That was a very very rough quote of what A.G. Garland said yesterday but the gist of what he said
is spot on. However it showed to me that the DoJ is building its case from the ground up all those little
shits who got into the US Capitol and just walked around will get or have already gotten sentences
that could be backed the facts and the evidence but that those lenient sentences were also based on
their cooperation with the investigation.

BTW one thing that Garland said that has not gotten near enough attention was something like
"follow the money" to hold accountable to those people who backed the violence and it is well
known that TFG used campaign funds to help pay for the 1/6/21 attempted violent coup.

Other funders were the Koch Brothers aka Americans for Prosperity, Ginny Thomas, Sugar Growers
from Florida (they want to keep polluting Florida's water ways), The Mercers, and some heiress of a
California supermarket chain.

[stopdiggin]

83. and a lot of the 'little fish'

provided actionable evidence (read video, pics, communications, associates) that will be included in larger more serious cases. Like I said - this is not rocket science. But to some people .... A complete fog.

[Botany]

85. All that hand wringing about Garland doing nothing or saying nothing made a posting on DU yesterday

... all the more prescient and that was Garland ran the investigations into the Unabomber and the
OKC Murrah Building bombing and that there were zero leaks into those investigation.

"provided actionable evidence" aka who paid for the buses, plane tickets, and hotel rooms.

[Upthevibe]

29. Kick. N/T

[Harker]

30. We got the "grind slowly" part...

I'm looking forward to "exceedingly fine."

As a side note, the near unanimous outrage in his defense when now AG Garland was denied a Supreme Court seat has eroded to a shadow of its former self.

He's deliberate. Painfully so. I'm going to remain hopeful that DOJ proceeds properly.

[ffr]

34. +1

Yes, hopeful, but expecting the outlaws to prevail. Proving that if you're well connected, laws do no apply to you.

Out two justice systems.

[Harker]

37. Hope springs infernal! n/t

[calimary]

53. Hah! The devil you say!

[Harker]

54. ...

[ffr]

32. Hold the outlaws accountable and make examples of them in their punishments

Including those in elected positions of power who continue their lawless ways. Do it now. Do it swiftly before they run out the clock!!!

[EarlG]

41. I agree that justice needs to happen in a timely fashion

But if the DOJ is going after the bigger fish, I don't think the the GOP can run the clock out. Even if they wins back the House and Senate this year, they can kill any ongoing Congressional investigations but there's nothing they can do about the DOJ's criminal investigations until 2025 at the earliest.

[3825-87867]

35. Almost, but not quite, sounds like

maybe let's put this behind us and just move forward.

[Torchlight]

36. How so?

[3825-87867]

42. After the "bailout"...

we were told those who caused it would be "looked at".

Then they weren't! Some who caused many to lose everything are still leading CEOs etc.

Guess they learned their lesson.

I imagine this ones will suffer the same fate.



Edited for spelling, sorry.

[Torchlight]

44. It does not follow.

In any measurable way.

[3825-87867]

47. I guess

if you mean that those who caused the bailout problem got away with the crimes then it's different if the insurrectionists get away with their crimes?

OK, whatever.

[mcar]

66. It didn't sound like that in the least

don't know whose speech you were watching.

[Metaphorical]

38. Garland Is Doing Things Right

Remember that Garland is the Attorney General, not a special prosecutor. Mueller knew that there was no way that he could publish anything that wouldn't end up being thoroughly redacted by Barr, and the amount of evidence that he did have to work with regarding Trump's involvement with the Russians, while damning, was not going to make much difference beyond doing what it did - giving Pelosi the option of seeking impeachment.

Garland has a much better case to make, one of sedition, and more to the point Trump is now far weaker in his ability to stymie any investigations. At the same time, he also knows full well that the ramifications of this case are in many respects much more significant, because they have to do with the degree to which a former president is immune from acts conducted while in office. This is why he's keeping a very tight ship about what prosecutors have found and making sure that there is no wiggle room in the ability of Trump or any of his agents to break free. I also remember that Mueller did not move fast enough for most people at DU, but that's primarily because I still think Mueller did as well as he could have given the political situation, which meant being very deliberate.

Moreover, mid-terms are coming up. Would the GOP prefer that Garland release this information now, when it can be buried in the news cycle, or in September when it will be coloring every single race out there and tarring every Trump sycophant with the same oily brush.

[ShazamIam]

39. I think AG Garland did a masterful and detailed report on past and present investigations. I am

disappointed that there are so many complaints about a very clear presentation.

[Mr. Ected]

40. What more could you ask from the AG?

Under the circumstances, he can't speak specifically, only generally, and to that end he in my mind appeased those of who called for a signal of sorts that the DOJ was actively investigating and pursuing wrongdoers at every level.

After Mueller, after Barr, after dozens of GOP criminals flaunting their criminality with seemingly no justice being applied thereupon, I am relieved to know that the wheels are turning.

[Paladin]

46. I wish he had given this speech, several months ago.

We've been needing these reassurances from the Justice Department for too long.

[FailureToCommunicate]

57. Good point!

[uponit7771]

58. +1, it was needed months ago too

[dem4decades]

62. How about someone other than a low-level thug be subpoenaed or investigated.

[ShazzieB]

64. You don't know who's being investigated.

Neither do I.

Marking unfounded assumptions seems pretty pointless to me.

[dem4decades]

65. You mean like thinking DOJ is investigating those responsible?

[FailureToCommunicate]

45. Everybody's thinking it, I'm just saying it: Hook some big fish BEFORE the midterms!

"These acts and threats of violence are not associated with any one set of partisan or ideological views"

Really?

[3825-87867]

48. Hopefully that may be what's intended.

Thinking that it will sway some indies to go left or actually vote!

[stopdiggin]

80. nope. and frankly I'm disappointed in expectations

that tie the DOJ to election cycles. The idea that Justice works for the Democratic party - is almost as odious as the assumption that they work for the opponents. Garland is entirely correct in trying to steer away from this folly.

[FailureToCommunicate]

84. Sorry, yes, the Justice Dept should work for JUSTICE whoever is in power...

too bad under Barr and others it didn't work that way.

Remember Comey's timing?

If some serious consequences for those involved in Janurary 6th doesn't happen in a timely manner, as in before we lose our democracy in the next election cycle, your disappointment in "expectations" may be a comfort, but it will be only a small comfort.

[stopdiggin]

87. I don't believe you fight corruption

by employing corruption (or partisanship). And I believe Garland (and hopefully quite a few under his leadership) has the right take on this.

respectfully ------ -------

[Kablooie]

63. Or at least until the next election.

If Republicans hold the House the investigation will die.

Also the Electoral College may hand the 2024 presidency to Republicans due to red states rigging their elections.

When a Republican becomes president again all prosecutions will be tabled and any high level insurrectionists will be pardoned.
Trump certainly will do all this and if he doesn't run I expect any other Republican is likely to do the same.

There is a very short window for justice to be done and even then it's likely to be temporary.

The only hope is to enact very strict federal laws to safeguard free elections but the window remaining to do is terribly short.
To pass and implement new voting laws before November is not likely.

It's a scary time.
It feels like there's very little chance that justice will be done and democracy preserved.


The coup may yet prevail. : (

[EarlG]

69. Congressional investigations will die

But the Select Committee knows this and will be done by fall anyway.

Criminal investigations are another matter. Even if GOP takes the House and Senate, they can’t do anything about DOJ investigations. 2025 is the earliest they could replace the Attorney General.

[Pinback]

71. Excellent point.

I think having the guy who nailed the Okla. City bombers at the top of this investigation bodes well.

[malaise]

68. Whitehouse is on Ari now n/t

[Turbineguy]

70. There are a number of people

of a republican nature who should carry a spare pair of shorts and some wipey-poo's.

[dchill]

72. Gee. I hope not!

[DallasNE]

73. "At Any Level"

I predicted that AG Garland would spread a wide net and say they "will follow the evidence wherever it leads", which was close, but I never thought he would mention Trump, even indirectly, in the fashion of "at any level". that should have Trump's attention. And this was just the warm-up for what President Biden will say tomorrow. Stay tuned.

[Cha]

75. KR TY

[LetMyPeopleVote]

76. I also liked AG Garland's speech

[spanone]

79. ...K&R...