Accountability for Trump’s Evasion of Law
- The Biden administration, specifically Attorney General Merrick Garland, and other key figures such as Mitch McConnell and the Supreme Court, are being held accountable for Donald Trump’s ability to evade the law despite facing four criminal cases.
- The two federal criminal cases against Trump are now effectively dead, with special counsel Jack Smith likely to leave his post and dismiss the pending cases, and Trump unlikely to serve time in the Stormy Daniels hush money case while in office.
- The Georgia case is also expected to be put on hold or potentially thrown out, with Trump’s co-defendants possibly still facing charges.
- Despite public interest in concluding the criminal cases, particularly the federal election subversion case, Trump’s conviction earlier this year did not ultimately hinder his re-election bid.
- The author attributes Trump’s win to voters’ dissatisfaction with the Biden-Harris administration, which led them to set aside concerns about Trump’s alleged misconduct.
- The article suggests that Merrick Garland was a questionable choice for Attorney General, as he showed little desire to investigate and prosecute Trump from the start of the Biden presidency.
- The Jan. 6 committee’s investigation and public hearings in 2022 reportedly forced Garland to investigate Trump and appoint special counsel Jack Smith, nearly two years after the Capitol riot.
- The author argues that the delay in investigating Trump was unjustified, as his conduct warranted serious legal scrutiny by the Justice Department, particularly in the area of potential financial crimes, after his loss in 2020 and the events of Jan. 6.
- The article concludes that if Trump had faced accountability for his alleged crimes, he may not have even appeared on the ballot, and that the system failed to work as it should have.
Factors Contributing to Trump’s Lack of Accountability
- The author argues that the lack of meaningful legal accountability for former President Donald Trump can be attributed to Attorney General Merrick Garland, Senate Minority Leader Mitch McConnell, and the Supreme Court.
- Despite warning signs in late 2021, the Justice Department under Garland did not launch a thorough investigation into Trump and his inner circle, which led to a delay in bringing charges and potentially allowed Trump to run for reelection and win.
- The author criticizes Garland’s approach as a “bottom-up” investigative effort, which focused on prosecuting rioters before moving on to Trump, and argues that good prosecutors should aim to get to the top as quickly as possible in cases involving large groups and time sensitivity.
- The author believes that Garland’s legacy is now at risk, and he may be remembered as one of the worst and most unpopular attorneys general in American history due to his handling of the Trump investigation.
- The author also holds Mitch McConnell and Senate Republicans responsible for not convicting Trump after his second impeachment, which would have prevented him from running again for the presidency.
- Additionally, the author criticizes Republican presidential primary opponents for defending Trump and undermining the prosecution’s efforts, which helped Trump’s campaign and ultimately contributed to his success.
- The Supreme Court’s Republican appointees are also blamed for bailing out Trump during the general election campaign, which further hindered efforts to hold him accountable.
- The author concludes that Trump’s ability to avoid accountability was made possible by a combination of factors, including the actions of Garland, McConnell, and the Supreme Court, as well as the support of Republican politicians and primary opponents.
Public Opinion and Supreme Court Decisions
- A significant portion of the American public, approximately 60%, supported Donald Trump standing trial in the 2020 election subversion case, while around 70% rejected the idea of presidential immunity from prosecution for alleged crimes committed while in office.
- The six Republican-appointed Supreme Court justices, including three appointed by Trump, sided with him on both counts, initially delaying his appeal on immunity grounds and then establishing a new doctrine of criminal immunity with no basis in law.
- This decision effectively prevented a trial before Election Day, representing a distortion of the law in favor of partisan objectives.
- The outcome marks the most significant reversal of legal fortunes in American history, with Trump’s reelection being the culmination of this process.
- Several key figures, including Merrick Garland, Mitch McConnell, and the Supreme Court, share the blame for Trump’s ability to dodge the law, alongside Trump himself.