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LauraInLA

(1,773 posts)
Thu Jan 16, 2025, 02:10 PM Jan 16

Merrick Garland is Getting a Bum Rap (posting because we don't have enough controversy here ;))

Get ready for a contrarian entry that will no doubt provoke the ire of many supporters, as did the shorter piece that ran yesterday in The New Republic. If you find yourself reflexively opposed before you even look at it, I can only say you’ve got a lot of company and ask you to make your best efforts to suspend judgment and evaluate the evidence. Thanks.
– HL

Some time in the next five days, Merrick Garland will step down as the nation’s 86th attorney general, bringing to a close one of the most distinguished careers in public service in the last century.

But the accounts of his departure will likely include widespread criticism that he slow-walked the prosecution of Donald Trump. Critics allege that, had he moved more quickly, Trump might have been held accountable for his misdeeds, and the recent election might even have turned out differently.

The charge of foot-dragging has become a meme, likely tarnishing Garland’s legacy. Elie Honig, writing in New York Magazine, was particularly cocksure:

"The debate about whether Garland took too long to charge the Trump cases—or to appoint a Special Counsel to get the job done—is over. Exhibit A: there’s not going to be a federal trial before the 2024 election. End of story."

But the charge is a bum rap.


https://harrylitman.substack.com/p/merrick-garland-is-getting-a-bum?r=uc4h&utm_medium=ios&triedRedirect=true

53 replies = new reply since forum marked as read
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Merrick Garland is Getting a Bum Rap (posting because we don't have enough controversy here ;)) (Original Post) LauraInLA Jan 16 OP
Article good read with lots of facts. Harry Litman an American lawyer, law professor, former dep. ast. AG. . . . nt Bernardo de La Paz Jan 16 #1
Pretending Garland is the real victim in all of this might be a good PR strategy. Irish_Dem Jan 16 #2
+1. No one wondered why Trump hardly ever insulted or attacked Garland dalton99a Jan 17 #45
Anyone still defending this poor bastard should compare how long he took to appoint a Special Counsel for Trump vs Biden W_HAMILTON Jan 16 #3
It took WAAAAYYYYY too long!! InAbLuEsTaTe Jan 22 #51
Makes ya wonder how South Korea was able to do it so quickly. Think. Again. Jan 16 #4
The SKorean prez was much more overt with a very publicly directed coup attempt Bernardo de La Paz Jan 16 #16
Ya really can't get any more overt or public than Jan. 6 Think. Again. Jan 16 #18
You really can. Yoon did. He put official machinery in motion. tRump did not, pretended to be uninvolved Bernardo de La Paz Jan 16 #21
Both publicly attempted a violent coup... Think. Again. Jan 16 #22
Makes me envy Peru Ponietz Jan 16 #30
Looking forward to hearing from Joe in his memoir thebigidea Jan 16 #5
We fought the Civil War like a Sunday softball game Ponietz Jan 16 #32
opposing this pov should require presenting something of substance to dispute it bigtree Jan 16 #6
You do realize Smith didn't mention the first 2 years, right? Think. Again. Jan 16 #19
Not buying it. lees1975 Jan 16 #7
must not have read the report. bigtree Jan 16 #8
I get that Smith is being a Garland apologist. But, if he'd been assigned to work on this a year earlier lees1975 Jan 16 #24
Garland himself on first taking office should've taken charge of investigating... brush Jan 22 #53
Harry Litman is a moron and Merrick Garland is an agent of Satan. Ocelot II Jan 16 #9
I understand completely. Few will, though. MineralMan Jan 16 #11
Have you ever followed the timeline gab13by13 Jan 16 #17
Are you the person to whom I replied? I don't think so. MineralMan Jan 16 #20
Who do they think they are?!?! Think. Again. Jan 16 #23
I want to be sure that anything I posted about Garland was factual gab13by13 Jan 16 #25
A masterful analysis with bonus points for sarcasm LauraInLA Jan 16 #12
No he's not edhopper Jan 16 #10
I note those were all written befor the report's release, some long before. LauraInLA Jan 16 #31
LOL ffs awesomerwb1 Jan 16 #13
I continue to believe Garland gave us a bum rap. Sneederbunk Jan 16 #14
Thanks for the laugh gab13by13 Jan 16 #15
The fact that you don't see even ONE of Biden's people praise or defend Garland says it all thebigidea Jan 16 #26
President Biden's White House counsel gab13by13 Jan 16 #33
He's a mixed bag. GoCubsGo Jan 16 #27
It was obvious that no conviction was going to happen before 2025 dsc Jan 16 #28
When was it obvious? gab13by13 Jan 16 #34
In July of 2024 dsc Jan 16 #36
I think they were waiting on the election. Once Trump won, things were pretty much dropped. LeftInTX Jan 16 #37
It was nothing short of delusional to think this SCOTUS was going to permit Trump to be convicted in any trial dsc Jan 16 #42
Yeah no qazplm135 Jan 16 #29
If Trump indicted in 2021. Gets put on hold due to immunity question. Immunity question settled in July 2022 LeftInTX Jan 16 #38
Or the immunity question qazplm135 Jan 16 #39
That would not have happened. They were delaying on purpose. LeftInTX Jan 16 #40
No it gets raised earlier qazplm135 Jan 17 #43
They waited a year. LeftInTX Jan 17 #44
Well given we could have started qazplm135 Jan 17 #47
Bum rap? He's not the victim. The American people are Autumn Jan 16 #35
Bum rap one says republianmushroom Jan 16 #41
Nope. Garland sucks. ZonkerHarris Jan 17 #46
gaslighting fail Skittles Jan 17 #48
If Garland wants to blunt the criticism,... LudwigPastorius Jan 17 #49
Thank you for posting this. I read something similar some time back. CBHagman Jan 22 #50
Bum rap nothing. Garland failed miseably. He should've investigated, prosecuted, tried... brush Jan 22 #52

Bernardo de La Paz

(53,892 posts)
1. Article good read with lots of facts. Harry Litman an American lawyer, law professor, former dep. ast. AG. . . . nt
Thu Jan 16, 2025, 02:17 PM
Jan 16

Irish_Dem

(67,214 posts)
2. Pretending Garland is the real victim in all of this might be a good PR strategy.
Thu Jan 16, 2025, 02:18 PM
Jan 16

He can make money on speaking tours, a book deal.
Land a cushy job at a think tank.

Still get bribes, oops I mean tips, for a job well done.

W_HAMILTON

(8,837 posts)
3. Anyone still defending this poor bastard should compare how long he took to appoint a Special Counsel for Trump vs Biden
Thu Jan 16, 2025, 02:22 PM
Jan 16

I already wasn't a fan of the guy, but when someone posted that timeline the other day, it really hit home what a pathetic failure Garland has been.

Bernardo de La Paz

(53,892 posts)
16. The SKorean prez was much more overt with a very publicly directed coup attempt
Thu Jan 16, 2025, 03:09 PM
Jan 16

tRump hasn't tried to impose martial law, ... yet (and I hope never).

Bernardo de La Paz

(53,892 posts)
21. You really can. Yoon did. He put official machinery in motion. tRump did not, pretended to be uninvolved
Thu Jan 16, 2025, 03:23 PM
Jan 16

Yes, tRump should go to prison for Jan 6, but the two cases are not comparable.

tRump's involvement is buried deeply, but uncovered by Smith. tRump's free speech ("It'll be wild&quot is protected 1A and generic exhortation ("you have to fight for your America&quot is not an insurrection. Yoon was very public and very overt.

Ponietz

(3,473 posts)
30. Makes me envy Peru
Thu Jan 16, 2025, 03:40 PM
Jan 16

Peru has a special penitentiary for its corrupt presidents and it’s full.

thebigidea

(13,489 posts)
5. Looking forward to hearing from Joe in his memoir
Thu Jan 16, 2025, 02:27 PM
Jan 16

I doubt he'll be very complimentary.

I think he should've fired him, the way things went, it would've been forgotten in two weeks. He ran a tight ship and had ZERO personnel issues as opposed to literally every other administration. He had room to make some changes, and Garland should've been one of them. Along with Chris Wray, who did us absolutely no favors on any front and soft-pedaled a lot of shit. He certainly didn't give two fucks about reforming the NY FBI office. If they can try to get Kash fucking Patel appointed, we should've been able to appoint a goddamn Democrat to the position.

Shouldn't have listened to Ron Klain on this one.

bigtree

(91,709 posts)
6. opposing this pov should require presenting something of substance to dispute it
Thu Jan 16, 2025, 02:29 PM
Jan 16

...as Litman is reading from the Smith report, which puts forward details of the actual case, not the internet fantasy one that thrived when those details were mostly secret.

Now some people want to continue the lies about some inaction by Garland, refuted in the final report, but they should be challenged to present facts in response to the details in Jack Smith's 170-plus page document, not just spout more derision and falsehoods about an investigation they mostly conjured in their misinformed or uninformed heads.

bigtree

(91,709 posts)
8. must not have read the report.
Thu Jan 16, 2025, 02:36 PM
Jan 16

Kyle Cheney at Politico did:

A common sentiment on the left is that Garland was too deferential to Trump after Joe Biden took office and failed to unleash the full might of the department on the former president for nearly two years. The delay, critics say, made it much more difficult for Smith — once he was appointed in November 2022 — to bring Trump to trial before the 2024 election.

But Smith’s report emphasized that the Justice Department was aggressively investigating leads related to Trump long before the special counsel’s tenure began. Litigation tactics by Trump and his allies, Smith argued, were the key factors that slowed the process to a crawl.

For example, Twitter, newly purchased by Elon Musk, delayed Smith’s effort to access Trump’s account data for weeks despite a court order that ultimately resulted in the company being held in contempt and fined $350,000.

It took Smith more than a year to obtain text messages between Rep. Scott Perry (R-Pa.) and Trump DOJ official Jeffrey Clark. And the department spent months fighting to access communications of John Eastman, a lawyer who helped devise Trump’s last-ditch efforts to remain in power.

The most protracted battles of all stemmed from Trump’s “broad invocation of executive privilege to try to prevent witnesses from providing evidence,” Smith wrote. It took months of secretive legal proceedings to secure testimony from Trump White House aides such as Mark Meadows, Dan Scavino and Pat Cipollone. Former Vice President Mike Pence also resisted testifying until a court ordered him to reveal some — but not all — details about his interactions with Trump. Smith noted that judges broadly rejected Trump’s privilege claims, with one holding that he was engaged in an “obvious” effort to delay the investigation.

https://www.politico.com/news/2025/01/14/jack-smith-special-counsel-report-takeaways-00198252


lees1975

(6,372 posts)
24. I get that Smith is being a Garland apologist. But, if he'd been assigned to work on this a year earlier
Thu Jan 16, 2025, 03:26 PM
Jan 16

when Congress finished their investigation, all of the delays and obstacles thrown up would have been answered, and the immunity response, which was that the Supreme Court's immunity ruling would have already been determined not to apply. A year earlier would have been plenty of time to get this to trial and get a guilty verdict.

Still not buying it. He admitted to slow walking.

brush

(59,419 posts)
53. Garland himself on first taking office should've taken charge of investigating...
Wed Jan 22, 2025, 11:00 PM
Jan 22

and prosecuting the former president and his cabal that tried to overthrow the government. The most grave attack against the government since th Civil War.

A huge failure. No special counsel was needed. The AG himself should've taken it on immediately. Nothing was of more importance...certainly not going after all the small fry rioters Garland prioritized. Now all those traitors have been released by the main instigating traitor who is back in the WH again.

Massive fail.

Ocelot II

(123,950 posts)
9. Harry Litman is a moron and Merrick Garland is an agent of Satan.
Thu Jan 16, 2025, 02:49 PM
Jan 16

That would be the same Harry Litman who's been lauded and extensively quoted right here on DU. The selfsame Harry Litman who is a former law clerk for SCOTUS Justices Thurgood Marshall and Anthony Kennedy, former U.S. Attorney and Deputy Assistant AG in the Clinton administration and is now a law professor and regular commentator on MSNBC. That Harry Litman, the one we used to love and cite regularly. Nevertheless, now we know that he's a moron because he has tragically failed to recognize that Merrick Garland is an agent of Satan. I'm not sure why the devout Catholic Joe Biden would have appointed an agent of Satan but obviously he did. And now Litman has committed the heresy of arguing that even if Garland had indicted Trump as soon as had been humanly possible, or even if Sally Yates or Jesus Christ had been the AG instead of Garland, the cases against Trump could not have been completed in time for the 2024 election. Litman says that the interference of Judge Cannon and the immunity decision by SCOTUS would have stopped the process in its tracks no matter when it started! How ridiculous! How would a guy like Harry Litman have the faintest idea how the federal criminal process even works? It was all Garland's fault, every bit of it, and anyone who suggests otherwise must be a craven tool of Trump and maybe also Satan.

gab13by13

(27,397 posts)
17. Have you ever followed the timeline
Thu Jan 16, 2025, 03:12 PM
Jan 16

of how Garland investigated the top secret stolen documents? Some of those documents were so sensitive that they could only be viewed in a SCIF, and they were sitting in a bathroom at Trump's house.

It took Garland 5 days to investigate President Biden, and a damn good thing he acted so quickly. The FBI found a classified document in Joe's garage, it was the Secret Service route that they used to transport Joe to his son's funeral. Then Garland had the balls to release the entire Hur report that lied about Joe, that stated the only reason he was not prosecuted was because he was so old and forgetful.

On the other hand Jack Smith says he knows why Trump stole those documents, but if Garland released that report he would appear to be partisan and he couldn't go back on his word because he publicly told Magats that he would not be partisan.

There are a lot of people on national TV fluffing Trump because they fear him. I still can't believe my Senator, John Fetterman.

MineralMan

(148,780 posts)
20. Are you the person to whom I replied? I don't think so.
Thu Jan 16, 2025, 03:19 PM
Jan 16

So, I'm not taking that bait. Nope.

Think. Again.

(22,330 posts)
23. Who do they think they are?!?!
Thu Jan 16, 2025, 03:26 PM
Jan 16

Joining a discussion on a public discussion board!

It's shocking!

gab13by13

(27,397 posts)
25. I want to be sure that anything I posted about Garland was factual
Thu Jan 16, 2025, 03:29 PM
Jan 16

OK, you don't have to answer, I'm OK with that.

Question; How long should law enforcement wait to investigate and announce details of a perp when some little child has been kidnapped?

Question #2; How long should law enforcement wait before investigating a perp who stole top secret, military/nuclear, sensitive classified documents so critical to our national security that they can only be viewed in a SCIF?

I can tell you how long Garland waited to have the FBI investigate Question #2.

gab13by13

(27,397 posts)
15. Thanks for the laugh
Thu Jan 16, 2025, 03:02 PM
Jan 16

Garland took everyone's phone, and then gave them back so that Clark and Perry could continue with the insurrection.

When Trump stole military/nuclear top secret documents DOJ told the National Archives to handle it. many months later the NA had to go to Garland to ask him to take over the investigation. 11 months later the FBI searched Mar-a-Lago.

Here is my suggestion for Garland. I knew early on that Kash Patel helped Trump steal those top secret documents, Patel was never president of the United States, he didn't have immunity. Wishing that Garland had prosecuted Patel that 1st year, I doubt he would have flipped on Trump but he could be in prison instead he will be Director of the FBI.

What does Marcy Wheeler have to say about that?

It took Garland 5 days to send the FBI to Joe's home.

thebigidea

(13,489 posts)
26. The fact that you don't see even ONE of Biden's people praise or defend Garland says it all
Thu Jan 16, 2025, 03:31 PM
Jan 16

gab13by13

(27,397 posts)
33. President Biden's White House counsel
Thu Jan 16, 2025, 03:46 PM
Jan 16

sent Merrick Garland a blistering letter condemning him for releasing lies in the Hur report.

Why doesn't President Biden like Merrick Garland? I never wrote a blistering letter to Garland.

You can go back in the archives and early on in Garland's tenure I wrote a thread praising Garland to high heaven. Sadly Garland didn't follow up on what he said he was going to do so as Hank Williams sang, "I saw the Light."

GoCubsGo

(33,678 posts)
27. He's a mixed bag.
Thu Jan 16, 2025, 03:33 PM
Jan 16

Harry Litman makes some good points. OTOH, the way he handled the whole Hunter Biden situation was a shitshow.

dsc

(52,849 posts)
28. It was obvious that no conviction was going to happen before 2025
Thu Jan 16, 2025, 03:35 PM
Jan 16

after the ridiculous SCOTUS ruling. At that point, Smith should have been directed to drop all cases and release a report. Even now the cases against the flunkies should be dropped and the documents case report released.

gab13by13

(27,397 posts)
34. When was it obvious?
Thu Jan 16, 2025, 03:49 PM
Jan 16

Had Garland prosecuted some higher ups like Mark Meadows and Kash Patel that 1st year it would have created a much different climate for the Supreme Court to get involved.

Kash Patel and Mark Meadows helped Trump steal those classified documents.

LeftInTX

(32,761 posts)
37. I think they were waiting on the election. Once Trump won, things were pretty much dropped.
Thu Jan 16, 2025, 04:24 PM
Jan 16

If Biden won, the cases could have gone forward. I posted a timeline in a previous thread. I noticed things were supposed to pick up on the DC case in January 2025. However, since the AG and state attorneys would all be Trump's people, it was obvious the case would go nowhere and would be dismissed by Trump's AG etc.

dsc

(52,849 posts)
42. It was nothing short of delusional to think this SCOTUS was going to permit Trump to be convicted in any trial
Thu Jan 16, 2025, 05:45 PM
Jan 16

after that decision. I will say that I never thought they would issue such a decision but after it was issued it was clear they would literally adopt any form of reasoning to justify letting him go.

qazplm135

(7,641 posts)
29. Yeah no
Thu Jan 16, 2025, 03:39 PM
Jan 16

The main idea seems to be there was no way we'd have gone to trial and even if he'd gone to trial appeals would have gone past 25 so none of it matters.

Which completely ignores the impact of a conviction well before even the primaries started which is what would have happened if he'd started in Feb 21.

Took Smith 9 months from appointment to indictment on both charges. So assume a year of pretrial delay and it's late 22 for a trial. A conviction was not assured but assuming you have one, could have absolutely changed the outcome of the 24 election.

But he was too focused on a "return to normalcy" that simply was a pipe dream.

LeftInTX

(32,761 posts)
38. If Trump indicted in 2021. Gets put on hold due to immunity question. Immunity question settled in July 2022
Thu Jan 16, 2025, 04:37 PM
Jan 16

I don't know where it leads. But then there would have been a flurry of this and that and how many months before the trial could begin? Henry Cuellar was indicted in May 2024. His court case is scheduled for June 2025. (One year)

So without the immunity question Trump's actual trial would probably have started in 2023

qazplm135

(7,641 posts)
47. Well given we could have started
Fri Jan 17, 2025, 01:38 AM
Jan 17

Almost two years earlier then waiting a year doesn't cut it for them.

Autumn

(47,624 posts)
35. Bum rap? He's not the victim. The American people are
Thu Jan 16, 2025, 03:50 PM
Jan 16

He took care of the trump and ignored the rule of law. He betrayed America and it's people.

republianmushroom

(19,279 posts)
41. Bum rap one says
Thu Jan 16, 2025, 05:03 PM
Jan 16

Merrick Garland Weighed Search of Trump's Mar-a-Lago for Weeks
Read more: https://www.wsj.com/articles/merrick-garland-weighed-search-of-trumps-mar-a-lago-for-weeks-11660601292

WASHINGTON—Attorney General Merrick Garland deliberated for weeks over whether to approve the application for a warrant to search former President Donald Trump’s Florida home, people familiar with the matter said, a sign of his cautious approach that will be tested over coming months.
https://www.democraticunderground.com/10142956907

The decision had been the subject of weeks of meetings between senior Justice Department and FBI officials, the people said. The warrant allowed agents last Monday to seize classified information and other presidential material from Mar-a-Lago.
Mr. Garland now faces a more momentous decision that will further sharpen an already unprecedented and politically fraught situation: whether to pursue charges against Mr. Trump or any of his allies over their handling of the records at issue and their interactions with Justice Department officials seeking to retrieve them.
A decision to bring charges in the matter against Mr. Trump or any of his allies would thrust the Justice Department deeper into a political environment in which the former president’s supporters and Republican lawmakers are already accusing Mr. Garland and the department of overreach.

Read more: https://www.wsj.com/articles/merrick-garland-weighed-search-of-trumps-mar-a-lago-for-weeks-11660601292

LudwigPastorius

(12,035 posts)
49. If Garland wants to blunt the criticism,...
Fri Jan 17, 2025, 05:11 AM
Jan 17

he can drop the charges against Nauta & de Oliveira and release Jack Smith’s report on the stolen documents case.

Trump’s AG is going to drop the charges against them anyway.

CBHagman

(17,231 posts)
50. Thank you for posting this. I read something similar some time back.
Wed Jan 22, 2025, 09:13 PM
Jan 22

For those of us who are not well versed in the law, it's important to get a clearer view of the processes.

brush

(59,419 posts)
52. Bum rap nothing. Garland failed miseably. He should've investigated, prosecuted, tried...
Wed Jan 22, 2025, 10:47 PM
Jan 22

Last edited Wed Jan 22, 2025, 11:22 PM - Edit history (1)

and jailed trump first thing on taking office. HE TRIED TO OVERTHROW THE GOVERNMENT. Nothing close has happened since the CIVIL WAR. Nothing was more important than prosecuting trump and his cabal of insurrectionists and Garland failed to recognize that, or maybe he didn't want to go in that direction.

Think about that.

We all saw trump's crimes in real time on TV. trump should've been in jail long before the corrupt SCOTUS 6 ever got involved with their immunity bullshit.

Now we've got trump in the WH again and he's released all the J6 rioters, wiping out the work Garland did get done.

A wasted term...accomplishments wiped out.

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