Is Trump in his sights? Garland under pressure to charge ex-president – The Guardian
The attorney general, Merrick Garland, is facing more political pressure to move faster and expand the US Department of Justices investigation into the January 6 Capitol attack and charge Donald Trump and some of his former top aides.
With mounting evidence from the January 6 House panel, court rulings and news reports that Trump engaged in a criminal conspiracy in his aggressive drive to thwart Joe Bidens election win in 2020, Garland and his staff face an almost unique decision: whether to charge a former US president.
Ex-justice officials caution, however, that while theres growing evidence of criminal conduct by Trump to obstruct Congress from certifying Bidens win on January 6 and defraud the government, building a strong case to prove Trumps corrupt intent a necessary element to convict him probably requires more evidence and time.
In an important speech in January this year, Garland said he would hold all January 6 perpetrators, at any level accountable, if they were present at the Capitol that day or not, who were responsible for this assault on our democracy, which suggested to some ex-prosecutors that Trump and some allies were in his sights.
But rising pressures on Garland to move faster with a clearer focus on Trump and his top allies have come from Democrats on the House panel investigating the Capitol attack.
Those concerns were underscored this past week when the House sent a criminal referral to the justice department charging contempt of Congress by two Trump aides, trade adviser Peter Navarro and communications chief Dan Scavino, who refused to cooperate after being subpoenaed.
We are upholding our responsibility, the Department of Justice must do the same, panel member Adam Schiff said. Likewise, Congresswoman Elaine Luria urged Garland to do your job so we can do ours.
About four months ago, the House sent a criminal contempt of Congress referral to the justice department for the former White House chief of staff Mark Meadows, but so far he has not been indicted.
Some former top DoJ officials and prosecutors, however, say Garland is moving correctly and expeditiously in pursuing all criminal conduct to overturn Bidens election in its sprawling January 6 inquiry.
When people (including many lawyers) criticize the DoJ for not more clearly centering the January 6 investigation on Trump, they are expressing impatience rather than a clear understanding of the trajectory of the investigation, the former justice inspector general Michael Bromwich told the Guardian.
DoJ is methodically building the case from the bottom up. It is almost surely the most complex criminal investigation in the nations history, involving the most prosecutors, the most investigators, the most digital evidence and the most defendants, he added.
Bromwich added that people view the scores of ongoing criminal prosecutions of participants in the January 6 insurrection as somehow separate from the investigation of Trump. They are not. He is the subject of the investigation at the top of the pyramid. People need to carefully watch what is happening, not react based on their impatience.
The departments investigation is the biggest one ever. More than 750 people have been charged so far with federal crimes, and about 250 have pleaded guilty.
Still, concerns about the pace of the investigation and why charges have not been filed against Trump have been spurred in part by a few revelations over the last couple of months.
Last month, for instance, federal judge David Carter in a crucial court ruling involving a central Trump legal adviser, John Eastman, stated that Trump more likely than not broke the law in his weeks-long drive to stop Biden from taking office.
Dr Eastman and President Trump launched a campaign to overturn a democratic election, an action unprecedented in American history, Carter wrote in a civil case which resulted in an order for Eastman to release more than 100 emails he had withheld from the House panel.
Similarly, the January 6 select committee made a 61-page court filing on 2 March that implicated Trump in a criminal conspiracy to block Congress from certifying Bidens win.
On another legal front that could implicate Trump and some top allies, the deputy attorney general, Lisa Monaco, revealed in January that the DoJ was starting a criminal investigation into a sprawling scheme reportedly spearheaded by Trumps ex-lawyer Rudy Giuliani and Trump campaign aides to replace legitimate electors for Biden with false ones pledged to Trump in seven states that Biden won.
Further, the Washington Post reported late last month that the DoJ had begun looking into the funding and organizing of the January 6 Save America rally in Washington involving some Trump allies. Trump repeated his false claims at the rally that the election was stolen.
We won this election, and we won it by a landslide, Trump falsely told the cheering crowd. You dont concede, when theres theft involved, he said, urging the large crowd to fight like hell, shortly before the Capitol attack by hundreds of his supporters that led to 140 injured police and several deaths.
A Trump spokesperson, Taylor Budowich, has called the House January 6 inquiry a circus of partisanship. And Budowich attacked Judge Carters ruling as absurd and baseless, noting that Carter was a Clinton-appointed judge in California.
Dennis Aftergut, a former federal prosecutor, told the Guardian that recent actions by the House January 6 panel and by the DoJ, along with court opinions, have notably increased legal threats to Trump. Anyone would need ice in their veins not to feel the heat when all three branches of the federal government are breathing down your neck, he said.
On the issue of whether Trump may be indicted, Donald Ayer, who served as deputy attorney general in the George HW Bush administration, said the critical question should be whether there is adequate proof of wrongful intent. Citing Carters ruling that Trump more likely than not broke the law, Ayer said that the evidence of such intent has recently become a lot stronger.
Nonetheless, Ayer and Aftergut stress Garland has to juggle competing priorities lest he politicize his department, while being extra careful to ensure any charges he may bring against Trump will stand up in court.
Garlands between the rock of defending one justice department ideal and the hard place of protecting another. On one hand, no person is above the law. On the other hand, the department needs to avoid, as much as possible consistent with the first ideal, appearing political, Aftergut said.
Theres nothing easy about the position Garlands in, Aftergut added. The safest course, before considering a prosecution of a former president, would be to demand considerably more evidence of guilt than youd require in any other case.
Ayer added: Garland is right not to be discussing the specifics of whether and how Trump may be indicted, a stance Garland has adopted to protect the DoJs credibility as not political. At the same time, Ayer suggested that Garland should spend more time talking to the country about impartial justice and the idea that no person is above the law.
There are clear risks in moving too fast to appease critics.
Garland must make his decisions based on the law in relation to the facts, the former federal prosecutor Michael Zeldin said. The more politicians endeavor to pressure Garland to act, it runs the risk that any decision Garland makes will be seen as politically motivated rather than based on purely legal considerations.
That seems to fit with Garlands approach. In his 5 January speech this year, Garland emphasized, we follow the physical evidence. We follow the digital evidence. We follow the money. But most important, we follow the facts not an agenda or an assumption. The facts tell us where to go next.
And, if there is enough evidence, following the rules could end up with Trump getting charged.
DoJ will never announce that it is investigating Trump and his inner circle. Such an announcement would violate DoJ policy to neither confirm nor deny the existence of an investigation, said Barbara McQuade, a professor from practice at the University of Michigan Law School and a former attorney for the eastern district in Michigan.
Garland, McQuade added, is avoiding the mistake FBI director Jim Comey made in investigating Hillary Clinton, for which Comey was properly criticized, referring to two status reports about the investigation made in the months before the 2016 election.
Ultimately, McQuade said that Garlands biggest challenge will be proving that Trump had corrupt intent or intent to defraud, both of which would require proving that he knew his fraud claims were false. It can be very difficult to prove what was in someones mind, but it is not impossible.
Read the original:
Is Trump in his sights? Garland under pressure to charge ex-president - The Guardian
- Does Donald Trump deserve the Nobel Peace Prize? We asked 5 experts - The Conversation - July 10th, 2025 [July 10th, 2025]
- Mary Trump Issues Warning on Long-Term Impact of Donald Trump Move - Newsweek - July 10th, 2025 [July 10th, 2025]
- Donald Trump threatens to impose 50% tariff on Brazil - Financial Times - July 10th, 2025 [July 10th, 2025]
- Is the Hispanic Red Wave for Donald Trump Starting to Crash? - The New Yorker - July 8th, 2025 [July 8th, 2025]
- President Donald Trump's approval rating by state as of July 2025 - Yahoo - July 8th, 2025 [July 8th, 2025]
- Donald Trump Sending More Weapons to Ukraine: What We Know - Newsweek - July 8th, 2025 [July 8th, 2025]
- It Appears Elon Musk REALLY Pissed Off Donald Trump This Time, And I'm Convinced They're DUNZO - Yahoo - July 8th, 2025 [July 8th, 2025]
- Donald Trump Wants to Add His Face to Mount Rushmore. Here's What Its Former Keeper Says About 'the Reality of the Rock' - Yahoo News - July 6th, 2025 [July 6th, 2025]
- Map Shows Donald Trump's Approval Rating in Every State on 4th of July - Newsweek - July 4th, 2025 [July 4th, 2025]
- Keir Starmer says good relationship with Donald Trump based on shared family values - The Guardian - July 4th, 2025 [July 4th, 2025]
- Donald Trump's 'Big, Beautiful Bill' Heads Back to the House: What's Next? - Newsweek - July 2nd, 2025 [July 2nd, 2025]
- The play-by-play of the 24-hour war of words between Elon Musk and Donald Trump - Business Insider - July 2nd, 2025 [July 2nd, 2025]
- Donald Trump Says Hes Found a Group of Very Wealthy People to Buy TikTok and Keep App in U.S. - Variety - June 29th, 2025 [June 29th, 2025]
- Donald Trump Says Group Of "Very Wealthy People" Looking To Acquire TikTok - Deadline - June 29th, 2025 [June 29th, 2025]
- Donald Trump Confirmed to Return with Speaking Part in Disney World's Hall of Presidents - WDWMagic - June 29th, 2025 [June 29th, 2025]
- Donald Trump Warns NY Mayor Candidate Zohran Mamdani: 'Do the Right Thing' - Newsweek - June 29th, 2025 [June 29th, 2025]
- Donald Trump says 'very wealthy group' has agreed to buy TikTok in the US - Sky News - June 29th, 2025 [June 29th, 2025]
- Orchestrated grovel: critics react to Europes attempts to tame Donald Trump - The Guardian - June 28th, 2025 [June 28th, 2025]
- Donald Trump Is About to Confront the Real Reason the US Keeps Starting Wars - Politico - June 28th, 2025 [June 28th, 2025]
- Donald Trump Cuts Off Trade Talks With Canada, 'Effective Immediately' - Newsweek - June 28th, 2025 [June 28th, 2025]
- Jen's Version: Are we really going to pretend Donald Trump is concerned about classified material? - MSNBC News - June 28th, 2025 [June 28th, 2025]
- Donald Trump Makes Major Change to Mortgages: What to Know - Newsweek - June 26th, 2025 [June 26th, 2025]
- 'It's possible' Putin will invade more than Ukraine, says Donald Trump - Euronews.com - June 26th, 2025 [June 26th, 2025]
- Donald Trump Nobel Peace Prize Nomination Withdrawn - Newsweek - June 24th, 2025 [June 24th, 2025]
- Dear heads of state: Donald Trump wont love you back. He may be the worst boyfriend the world has ever seen - The Guardian - June 24th, 2025 [June 24th, 2025]
- Marjorie Taylor Greene Flips Out Over 'Dirty Rumors' About Her And Donald Trump - Yahoo - June 24th, 2025 [June 24th, 2025]
- 'How angry Donald Trump is': Social media reacts to Trump dropping F-bomb live on TV - Times of India - June 24th, 2025 [June 24th, 2025]
- President Donald Trump: The strikes were a spectacular military success - Fox News - June 22nd, 2025 [June 22nd, 2025]
- Donald Trump Bombs Iran, and America Waits - The New Yorker - June 22nd, 2025 [June 22nd, 2025]
- Bombing Iran, Donald Trump is triggering a tragedy that Thucydides foretold long ago - The Forward - June 22nd, 2025 [June 22nd, 2025]
- Is Donald Trump an Antagonist or Champion of the Gay Community? - The New York Times - June 22nd, 2025 [June 22nd, 2025]
- Donald Trump to Address Nation After Attacking Iran Nuclear Sites - Newsweek - June 22nd, 2025 [June 22nd, 2025]
- Donald Trump says US has attacked three Iranian nuclear sites and totally obliterated them - The Guardian - June 22nd, 2025 [June 22nd, 2025]
- Juventus meet Donald Trump at the White House as he discusses Iran conflict and transgender women in sport - The New York Times - June 20th, 2025 [June 20th, 2025]
- Trump denies approving Iran attack plan but will make decision within two weeks | Donald Trump - The Guardian - June 20th, 2025 [June 20th, 2025]
- Donald Trump's National Park Tip Line Flooded With Angry Messages - Newsweek - June 20th, 2025 [June 20th, 2025]
- Opinion | What the Godfather of American Conservatism Would Think About Donald Trump - Politico - June 16th, 2025 [June 16th, 2025]
- The quiet truce between Gavin Newsom and Donald Trump is over - CalMatters - June 10th, 2025 [June 10th, 2025]
- Gavin Newsom Dares Donald Trump to Arrest Him: 'Get It Over With' - Newsweek - June 10th, 2025 [June 10th, 2025]
- Donald Trump Accused Of Inciting Violence With Chilling New Rhyme - Yahoo News - June 10th, 2025 [June 10th, 2025]
- Opinion | Donald Trump vs. California (and everywhere else) - The Washington Post - June 10th, 2025 [June 10th, 2025]
- 'So much for being nice guy': Donald Trump reignites trade tensions, warns China it has violated tariff d - Times of India - May 30th, 2025 [May 30th, 2025]
- Mike Pence Accuses Donald Trump of Ignoring Constitution - Newsweek - May 30th, 2025 [May 30th, 2025]
- We demanded justice after George Floyds death. Donald Trump made things worse, but we fight on | Al Sharpton - The Guardian - May 26th, 2025 [May 26th, 2025]
- Donald Trump Posts All-Caps Memorial Day Message Attacking USA Hating Judges And Scum Who Are Trying To Destroy Our Country - Deadline - May 26th, 2025 [May 26th, 2025]
- CNN abruptly stopped for breaking news as Donald Trump explodes at reporter over Ukraine question - The Mirror US - May 26th, 2025 [May 26th, 2025]
- Donald Trump is throttling Americas oil industry - The Economist - May 11th, 2025 [May 11th, 2025]
- Donald Trump prizes more Gulf investment in the US - BBC - May 11th, 2025 [May 11th, 2025]
- Donald Trump Vows to Reduce Prescription Drug Costs by Up to 80 Percent - Newsweek - May 11th, 2025 [May 11th, 2025]
- What is habeas corpus and why might Donald Trump want to suspend it? - BBC - May 11th, 2025 [May 11th, 2025]
- Donald Trump calls for 20,000 new officers to aid with deportations - BBC - May 11th, 2025 [May 11th, 2025]
- Donald Trump is a bigger threat to UK than terrorists, poll says - politico.eu - May 8th, 2025 [May 8th, 2025]
- Donald Trump to announce 'major trade deal' with a big and highly respected nation - Times of India - May 8th, 2025 [May 8th, 2025]
- Donald Trump picks the wrong trade fight with China - The Economist - April 30th, 2025 [April 30th, 2025]
- Donald Trump says he will be talking to Australias prime minister about tariffs - The Guardian - April 30th, 2025 [April 30th, 2025]
- Donald Trump Names His Dream Successor for Pope Francis Ahead of the Papal Conclave - People.com - April 30th, 2025 [April 30th, 2025]
- Giants say they had no conversations with Donald Trump about Saquon Barkley - NBC Sports - April 30th, 2025 [April 30th, 2025]
- Donald Trump is proving disastrous for big tech - The Economist - April 30th, 2025 [April 30th, 2025]
- Opinion | Donald Trump Is Selling the White House to the Highest Bidder - The New York Times - April 27th, 2025 [April 27th, 2025]
- 'Kicking butt' or 'going too fast'? Donald Trump voters reflect on 100 days - BBC - April 27th, 2025 [April 27th, 2025]
- Donald Trump's approval rating takes a hit as he reaches 100 days: New polls - USA Today - April 27th, 2025 [April 27th, 2025]
- Experts On Russia Say Donald Trump Is Wrong About The War In Ukraine - Forbes - April 27th, 2025 [April 27th, 2025]
- Donald Trump went after one of America's top law firms. Its decision to fight back took just two hours. - Business Insider - April 27th, 2025 [April 27th, 2025]
- Sweeping change. Donald Trump voters reflect on controversial first 100 days of second term. - Chicago Tribune - April 27th, 2025 [April 27th, 2025]
- Donald Trump wants celebrities to kiss the ring. Bill Maher did: wholl be next? | Emma Brockes - The Guardian - April 25th, 2025 [April 25th, 2025]
- Donald Trump's trip to Pope Francis' funeral puts a sharper focus on their clashes over the years - AP News - April 25th, 2025 [April 25th, 2025]
- Donald Trump Is Tanking One of Americas Greatest Exports in the Middle of a Trade War - Slate - April 25th, 2025 [April 25th, 2025]
- 'Reality bites Donald Trump in the you know where': China contradicts the White House over tariffs - MSNBC News - April 25th, 2025 [April 25th, 2025]
- Donald Trump's "Objectively Embarrassing And Hilarious" Message To Vladimir Putin Is Now A Meme - Yahoo - April 25th, 2025 [April 25th, 2025]
- The Nobel is just the start: 16 imagined victories for Donald Trump | Ariel Dorfman - The Guardian - April 21st, 2025 [April 21st, 2025]
- Is Donald Trump Breaking the Law? Seven Experts Weigh In. - The Free Press - April 21st, 2025 [April 21st, 2025]
- JD Vance: Donald Trump's Global 'Bad Cop' In His First 100 Days In Office - NDTV - April 21st, 2025 [April 21st, 2025]
- What is the Insurrection Act? What To Know as Donald Trump Deadline Hits - Newsweek - April 21st, 2025 [April 21st, 2025]
- Vince Vaughn Visits Donald Trump and The White House Shares Wedding Crashers Parody Poster - Variety - April 21st, 2025 [April 21st, 2025]
- President Donald Trump Is Saving Social Security Hundreds of Millions of Dollars per Year. But Is It Enough to Prevent Benefit Cuts? - Yahoo Finance - April 21st, 2025 [April 21st, 2025]
- We knew Donald Trump is bad at business. Now the world does, too. | Sheneman cartoon - NJ.com - April 14th, 2025 [April 14th, 2025]
- Donald Trump is now badly wounded. Europe and the UK can seize an advantage - The Guardian - April 12th, 2025 [April 12th, 2025]
- Bill Maher Says Donald Trump Was Gracious and Willing to Listen During White House Visit - hollywoodreporter.com - April 12th, 2025 [April 12th, 2025]
- Bill Maher Recounts Surprising Meeting With Gracious and Measured Donald Trump - TV Insider - April 12th, 2025 [April 12th, 2025]
- Bill Maher's full monologue on his Donald Trump meeting: Read the transcript - USA Today - April 12th, 2025 [April 12th, 2025]