I, too, think that an insurrection requires an indictment. It’s not something that can get a pass because it looks like persecuting the other party. It is prosecuting wrongdoing, DOJ’s obligation. I wonder if the plan is to prosecute and jail hundreds of foot soldiers to dissuade others from joining the next coup and also get information from those foot soldiers about why they were in DC. That would be evidence against the coup planners. I have not counted Garland out yet.
One related thing that continues to
baffle me: I am glad there were no semiautomatic weapons on Jan. 6 but surprised there weren’t any. The outcome would have been far different. Why weren’t there any present? Certainly the insurrectionists were the kind of people who would have access to them. Guess this is another thing to be thankful for—and to worry about for the next one.
In DC there are very strict gun laws and many protesters had automatic weapons in their hotel rooms but did not want to risk getting caught with a weapon if apprehended. The outcome would have been much different if they brought them to the capital
I read that there were reports of such weapons being stashed outside the city itself. One vehicle was said to have contained numerous weapons. Perhaps the SC is investigating those allegations and if true, who is responsible for this happening and what were the plans to use them.
Again, observing that the GOP will cheat if they can is not the same as saying voting won't matter. The former is simply a fact. The solution is to vote our brains out so they can't get away with it. Finding 11,780 votes is not easy, even for ruthless cheaters. Let's make them find ten times that number the next voting cycle.
I was quoting a reader who said that. But more to the point, I am really worried that we are exaggerating the ability of Rs to cheat. Votes are tallied electronically. What are they going to do? They can allege baseless fraud and refuse to certify, but court’s can compel officials to perform functions mandated by statute. Moreover, as I noted, the 2022 ballots will have dozens of races on them. You can’t throw out a ballot on the ground that the the voter cheated in one race without throwing out the entire ballot. So throwing out ballots—not possible in the absence of fraud—will affect dozens of other races. How do you think that voters will feel about Republican officials who disenfranchise voters in dozens of races? Not good. I am not saying that Republicans will not cheat, but we must be careful about saying that a Republican equals cheating.
100% agreed! Personally, I like the idea that exaggerating the threat allows us to stay totally energized to getting out the vote. I like your analysis and feel as though I want to cover all bases. Hope for the best, prepare for the worst. So many things in life require that attitude. I believe in overkill when it comes to voting.
This too was in Professor Tribe's article, but it doesn't fit with your narrative. "Of course, there is no way to know for sure whether Mr. Garland’s Department of Justice is investigating the leaders of the attack behind closed doors. Justice Department policy does not permit announcing investigations, absent exceptional circumstances. Mr. Garland, unlike his predecessor, plays by the book, keeping quiet about investigations until charges are filed."
Yes; I read that, and the other nice things that Professor Tribe said about Merrick Garland. I linked to the article so people could read everything Tribe said. If you read the entire op-ed, Tribe makes the point that it is nearly impossible to be conducting an investigation in total secrecy, which would be the only way to explain the complete absence of any public reporting of action by the DOJ. Garland can keep quiet all he wants in accordance with DOJ norms, but the interviewees, targets, and subjects of the investigation inevitably tell their friends, hire lawyers, and leak to the press. If that is not happening in this investigation, it will be the first time in the history of the DOJ that everyone maintained the confidentiality of an investigation. And Garland HAS announced the existence of other investigations. See NYMagazine’s July article.
I cannot tell you how much I hope that I and Professor Tribe are wrong. And if I am wrong, I will issue the biggest mea culpa you have ever seen. But we should remember that Garland has made one comment about prosecuting the leaders of January 6th.
FiveThirtyEight a reputable polling firm noted during the 2000 presidential race in Georgia that in gerrymandered counties the impact of gerrymandering was not meaningful because of Democratic turnout and Republicans and Independent’s not voting. The key to evening the playing field in some counties is voter turnout and that has to be a focus in 2022. Remember the gerrymandering maps were designed based on voter registration not who actually votes.
Excellent point! And we should not forget that Trump will be on every ballot in 2022. He motivates many people to turn out—but also demotivates others, as the Georgia Senate races proved. We don’t need many Rs to stay home in order for Democrats to erase unfair advantages.
OK, Robert. You did it again. You turned on the optimism corner of my brain.
Last night we watched "Don't Look Up". It was alternately accurate, depressing and hysterically funny. I was reminded of the film "Idiocracy". Another comedy/social satire/mockery. But I did not wake up laughing. I find the massive level of ignorance and deliberate mangling of the truth to be smothering at times.
So here is this mantra I keep chanting to myself - you stimulated it again this early morning:
"If I were Merrick Garland I would coordinate a super secret fact finding crew to assemble as much undeniable evidence as possible in regards to the January 6 attempted coup. I would monitor closely the additional evidence being unearthed by the House Committee. And when the time is right, I would drop the irrefutable bomb in such a manner as to be much more than a John Dean moment. I would ask a grand jury to do it's job and ultimately send Federal Marshals to Mar a Lago."
Maybe that will just be another Adam McKay film. Or maybe...just maybe...
The backlash from such an event will be powerful. Garland will create a martyr. TFG will wallow in it and and milk it artfully. There may be violence. The divide may widen.
But I still wish for it - not out of anger or a desire for vengeance...not because I think it will change the minds of the radical right. But because TFG, if convicted, will not be able to hold public office again. And an example will be made of those who participated in and organized a violent overthrow of our government.
A note to President Biden: please don't even consider a "Gerald Ford healing gesture". Nixon was able to be a guest on talk shows...he had a life after political death. TFG should simply be silenced.
I understand your concerns about the effects of indicting Trump. But we cannot be afraid to defend the Constitution because it might provoke scattered violence. If that is the test, then the Constitution is defenseless against those who are its biggest threat. The damage of not indicting Trump will be far greater than whatever happens if he is indicted. And let’s remember this, large swaths of the current elected GOP cohort are hoping he ISN”T the nominee in 2024 because of what it will do the party. If Trump is indicted, then Pompeo, Haley, Pence, DeSantis, Cruz, Rubio et al will run for the GOP nomination. They are all miserable, but none as bad as Trump.
I think the public hearings we have been promised by Cheney will matter. May they be on CSPAN all day long, as I have heard Trumpsters calling in to CSPAN so I know at least some of them tune in.
The absence of a robust DOJ investigation into this insurrection makes a mockery of our laws--that we are allowing the ring leader to continue poison the airwaves with his bold lies boosts the moral of supporter who believe that this is merely a :witch hunt. Democracy cannot withstand this monumental lack of integrity and consequence. The former president should be charged with the crime of insurrection. Lock him up.
I could not read this mornings edition with out visions of the American flag waving before my eyes. We celebrate so may holidays which have become nothing more than an excuse for stores to stay open and schools to close. Now two new days emerge - 9/11 and as you so aptly state Jan 6. Yes it is a day that democracy was threatened and survived. Once again Robert you have called us to action, made us realize our failings and our greatness. America has a number of great patriots - in your humble and articulate way you have joined them. Continue inspiring us and prodding us - otherwise those who defended the Capital on Jan 6 will have fought in vain.
For Hubbell: Do you know, or can you guess, the inside story about why Merrick Garland has failed to act about Jan. 6? He certainly knows his options and certainly knows he has received criticism for this from Lawrence Tribe, among others.
I am baffled. I fear that Garland was simply the wrong man for the job. He views January 6th like the Oklahoma City Bombing—a crime that happened and is over, to be investigated with fastidiousness and excruciating attention to detail. The coup attempt is ongoing. I do not know Garland but the only inference I can make is that his prior judicial and DOJ background have converted him into a forensic analyst, not the nation’s chief law enforcement officer during a period of active threats to the Constitution. I will say again that I dearly hope I am wrong and that I will be forced to issue a humiliating apology. But time is running out. Prosecuting a presidential candidate DURING a campaign would be the worst of all worlds.
Robert, I know you are a huge fan of Heather Cox Richardson. She also wrote today about Jan. 6th and this was my comment:
"This is all I ask for: I want the House Committee to have hearings during prime time TV. I want the story to be absolutely clear and undeniable so that all but the most loyal Trumpists can see how everything begins and ends with him! OK, I also want the Justice Department to indict the guy hiding out in Mar-A-Lago!"
For me, the tragedy of Garland is that he would have made a great Supreme Court Justice. He's deliberative; wants to see all sides of an issue; is determined to be collegial etc. However, these times demand action, cognizance of the need to act quickly, and fearlessness. Garland is not exactly a "profile in courage!"
I am joining you in concern with the apparent non-activity by Garland and the DOJ. I have looked for ways to communicate my concern and have sent this message to Garland:
"Dear General Garland,
I join Laurence Tribe in deep concern that the DOJ is not pursuing investigations related to the January 6 insurrection. If not, I am deeply disappointed in your leadership General Garland, having been elated by your appointment. If indeed investigations are being vigorously pursued, I would be much relieved, but strongly encourage you to inform citizens like me who believe that failure to achieve high level accountability for the insurrection will be a historic mistake for our democracy.
Would you consider providing the message string to encourage grass-roots messaging to Garland? DOJ.gov/Contact/Contact Us Form/Select Topic/Messages to the Attorney General
Thank you for your year-end podcast featuring your entire family. To say your love for them is evident seems trite and your example of caring for others nearly without a rival. In this day and age, faithfulness is a hard commodity to come by.
Hi, Mary Pat. No one is asking for leaks. They are asking for Merrick Garland to acknowledge that the DOJ is conducting an investigation of who organized the insurrection. OR he can say that he will only prosecute those people who were caught on videotape committing violence in the Capitol. Either way, the American people deserve an answer. Trump is continuing his efforts to overturn the 2020 election even today. Silence from Merrick Garland is unacceptable.
Cheating in an election is a federal crime, but who is going to enforce the law? The Federal Elections Commission has been rendered totally powerless. Can we really expect the DOJ to act?
Thanks again for Sunday's "year in review" podcast - so nice to hear from your managing editor Jill as well as your daughters. I know you started the newsletter for your family after the 2016 election and amazing how it's grown! But of course, we are all the better for having joined this community and had the benefits of your wise and reasoned perspective. There's lots of work to be done, so let's keep hopeful and healthy and active in 2022! Elaine Diamond
Thanks, Elaine. I appreciate the feedback on the podcast. We are still feeling our way forward, so let us know if you would like to see something different.
I, too, think that an insurrection requires an indictment. It’s not something that can get a pass because it looks like persecuting the other party. It is prosecuting wrongdoing, DOJ’s obligation. I wonder if the plan is to prosecute and jail hundreds of foot soldiers to dissuade others from joining the next coup and also get information from those foot soldiers about why they were in DC. That would be evidence against the coup planners. I have not counted Garland out yet.
One related thing that continues to
baffle me: I am glad there were no semiautomatic weapons on Jan. 6 but surprised there weren’t any. The outcome would have been far different. Why weren’t there any present? Certainly the insurrectionists were the kind of people who would have access to them. Guess this is another thing to be thankful for—and to worry about for the next one.
Stan Crock
In DC there are very strict gun laws and many protesters had automatic weapons in their hotel rooms but did not want to risk getting caught with a weapon if apprehended. The outcome would have been much different if they brought them to the capital
Thank you. Odd that they feared getting arrested for gun
possession but not for spearing a cop. Well, chalk one up for gun control laws.
I read that there were reports of such weapons being stashed outside the city itself. One vehicle was said to have contained numerous weapons. Perhaps the SC is investigating those allegations and if true, who is responsible for this happening and what were the plans to use them.
Again, observing that the GOP will cheat if they can is not the same as saying voting won't matter. The former is simply a fact. The solution is to vote our brains out so they can't get away with it. Finding 11,780 votes is not easy, even for ruthless cheaters. Let's make them find ten times that number the next voting cycle.
I was quoting a reader who said that. But more to the point, I am really worried that we are exaggerating the ability of Rs to cheat. Votes are tallied electronically. What are they going to do? They can allege baseless fraud and refuse to certify, but court’s can compel officials to perform functions mandated by statute. Moreover, as I noted, the 2022 ballots will have dozens of races on them. You can’t throw out a ballot on the ground that the the voter cheated in one race without throwing out the entire ballot. So throwing out ballots—not possible in the absence of fraud—will affect dozens of other races. How do you think that voters will feel about Republican officials who disenfranchise voters in dozens of races? Not good. I am not saying that Republicans will not cheat, but we must be careful about saying that a Republican equals cheating.
100% agreed! Personally, I like the idea that exaggerating the threat allows us to stay totally energized to getting out the vote. I like your analysis and feel as though I want to cover all bases. Hope for the best, prepare for the worst. So many things in life require that attitude. I believe in overkill when it comes to voting.
This too was in Professor Tribe's article, but it doesn't fit with your narrative. "Of course, there is no way to know for sure whether Mr. Garland’s Department of Justice is investigating the leaders of the attack behind closed doors. Justice Department policy does not permit announcing investigations, absent exceptional circumstances. Mr. Garland, unlike his predecessor, plays by the book, keeping quiet about investigations until charges are filed."
Yes; I read that, and the other nice things that Professor Tribe said about Merrick Garland. I linked to the article so people could read everything Tribe said. If you read the entire op-ed, Tribe makes the point that it is nearly impossible to be conducting an investigation in total secrecy, which would be the only way to explain the complete absence of any public reporting of action by the DOJ. Garland can keep quiet all he wants in accordance with DOJ norms, but the interviewees, targets, and subjects of the investigation inevitably tell their friends, hire lawyers, and leak to the press. If that is not happening in this investigation, it will be the first time in the history of the DOJ that everyone maintained the confidentiality of an investigation. And Garland HAS announced the existence of other investigations. See NYMagazine’s July article.
I cannot tell you how much I hope that I and Professor Tribe are wrong. And if I am wrong, I will issue the biggest mea culpa you have ever seen. But we should remember that Garland has made one comment about prosecuting the leaders of January 6th.
FiveThirtyEight a reputable polling firm noted during the 2000 presidential race in Georgia that in gerrymandered counties the impact of gerrymandering was not meaningful because of Democratic turnout and Republicans and Independent’s not voting. The key to evening the playing field in some counties is voter turnout and that has to be a focus in 2022. Remember the gerrymandering maps were designed based on voter registration not who actually votes.
Excellent point! And we should not forget that Trump will be on every ballot in 2022. He motivates many people to turn out—but also demotivates others, as the Georgia Senate races proved. We don’t need many Rs to stay home in order for Democrats to erase unfair advantages.
OK, Robert. You did it again. You turned on the optimism corner of my brain.
Last night we watched "Don't Look Up". It was alternately accurate, depressing and hysterically funny. I was reminded of the film "Idiocracy". Another comedy/social satire/mockery. But I did not wake up laughing. I find the massive level of ignorance and deliberate mangling of the truth to be smothering at times.
So here is this mantra I keep chanting to myself - you stimulated it again this early morning:
"If I were Merrick Garland I would coordinate a super secret fact finding crew to assemble as much undeniable evidence as possible in regards to the January 6 attempted coup. I would monitor closely the additional evidence being unearthed by the House Committee. And when the time is right, I would drop the irrefutable bomb in such a manner as to be much more than a John Dean moment. I would ask a grand jury to do it's job and ultimately send Federal Marshals to Mar a Lago."
Maybe that will just be another Adam McKay film. Or maybe...just maybe...
The backlash from such an event will be powerful. Garland will create a martyr. TFG will wallow in it and and milk it artfully. There may be violence. The divide may widen.
But I still wish for it - not out of anger or a desire for vengeance...not because I think it will change the minds of the radical right. But because TFG, if convicted, will not be able to hold public office again. And an example will be made of those who participated in and organized a violent overthrow of our government.
A note to President Biden: please don't even consider a "Gerald Ford healing gesture". Nixon was able to be a guest on talk shows...he had a life after political death. TFG should simply be silenced.
I understand your concerns about the effects of indicting Trump. But we cannot be afraid to defend the Constitution because it might provoke scattered violence. If that is the test, then the Constitution is defenseless against those who are its biggest threat. The damage of not indicting Trump will be far greater than whatever happens if he is indicted. And let’s remember this, large swaths of the current elected GOP cohort are hoping he ISN”T the nominee in 2024 because of what it will do the party. If Trump is indicted, then Pompeo, Haley, Pence, DeSantis, Cruz, Rubio et al will run for the GOP nomination. They are all miserable, but none as bad as Trump.
I think the public hearings we have been promised by Cheney will matter. May they be on CSPAN all day long, as I have heard Trumpsters calling in to CSPAN so I know at least some of them tune in.
The absence of a robust DOJ investigation into this insurrection makes a mockery of our laws--that we are allowing the ring leader to continue poison the airwaves with his bold lies boosts the moral of supporter who believe that this is merely a :witch hunt. Democracy cannot withstand this monumental lack of integrity and consequence. The former president should be charged with the crime of insurrection. Lock him up.
No it doesn't. The absence of information about the DOJ investigation is an excellent sign that AG Garland is doing it exactly right. https://m.youtube.com/watch?v=QHlNkUO55oc&feature=share
I could not read this mornings edition with out visions of the American flag waving before my eyes. We celebrate so may holidays which have become nothing more than an excuse for stores to stay open and schools to close. Now two new days emerge - 9/11 and as you so aptly state Jan 6. Yes it is a day that democracy was threatened and survived. Once again Robert you have called us to action, made us realize our failings and our greatness. America has a number of great patriots - in your humble and articulate way you have joined them. Continue inspiring us and prodding us - otherwise those who defended the Capital on Jan 6 will have fought in vain.
Well said!
For Hubbell: Do you know, or can you guess, the inside story about why Merrick Garland has failed to act about Jan. 6? He certainly knows his options and certainly knows he has received criticism for this from Lawrence Tribe, among others.
I am baffled. I fear that Garland was simply the wrong man for the job. He views January 6th like the Oklahoma City Bombing—a crime that happened and is over, to be investigated with fastidiousness and excruciating attention to detail. The coup attempt is ongoing. I do not know Garland but the only inference I can make is that his prior judicial and DOJ background have converted him into a forensic analyst, not the nation’s chief law enforcement officer during a period of active threats to the Constitution. I will say again that I dearly hope I am wrong and that I will be forced to issue a humiliating apology. But time is running out. Prosecuting a presidential candidate DURING a campaign would be the worst of all worlds.
A couple of additions to the Jan. 6 events list:
1) A clearinghouse of Jan. 6 Vigils for Democracy around the country, virtual and in person: https://www.mobilize.us/democracyvigils/
2) Field Team 6 will be hosting a virtual postcarding event aimed at registering voters in flippable districts: https://www.mobilize.us/ft6/event/430190/
Thanks! I will promote.
Robert, I know you are a huge fan of Heather Cox Richardson. She also wrote today about Jan. 6th and this was my comment:
"This is all I ask for: I want the House Committee to have hearings during prime time TV. I want the story to be absolutely clear and undeniable so that all but the most loyal Trumpists can see how everything begins and ends with him! OK, I also want the Justice Department to indict the guy hiding out in Mar-A-Lago!"
For me, the tragedy of Garland is that he would have made a great Supreme Court Justice. He's deliberative; wants to see all sides of an issue; is determined to be collegial etc. However, these times demand action, cognizance of the need to act quickly, and fearlessness. Garland is not exactly a "profile in courage!"
I am joining you in concern with the apparent non-activity by Garland and the DOJ. I have looked for ways to communicate my concern and have sent this message to Garland:
"Dear General Garland,
I join Laurence Tribe in deep concern that the DOJ is not pursuing investigations related to the January 6 insurrection. If not, I am deeply disappointed in your leadership General Garland, having been elated by your appointment. If indeed investigations are being vigorously pursued, I would be much relieved, but strongly encourage you to inform citizens like me who believe that failure to achieve high level accountability for the insurrection will be a historic mistake for our democracy.
Thomas M. Vernon, vaxmd@comcast.net"
DOJ.gov/Contact/Contact Us Form/Select Topic/Messages to the Attorney General
Would you consider providing the message string to encourage grass-roots messaging to Garland? DOJ.gov/Contact/Contact Us Form/Select Topic/Messages to the Attorney General
Tom vaxmd@comcast.net
Thank you for your year-end podcast featuring your entire family. To say your love for them is evident seems trite and your example of caring for others nearly without a rival. In this day and age, faithfulness is a hard commodity to come by.
AG Merrick Garland is doing exactly what needs to be done and a critical part of that investigation is "no leaks." Here are some insights:
https://m.youtube.com/watch?v=QHlNkUO55oc&feature=share
Hi, Mary Pat. No one is asking for leaks. They are asking for Merrick Garland to acknowledge that the DOJ is conducting an investigation of who organized the insurrection. OR he can say that he will only prosecute those people who were caught on videotape committing violence in the Capitol. Either way, the American people deserve an answer. Trump is continuing his efforts to overturn the 2020 election even today. Silence from Merrick Garland is unacceptable.
Cheating in an election is a federal crime, but who is going to enforce the law? The Federal Elections Commission has been rendered totally powerless. Can we really expect the DOJ to act?
The DOJ would prosecute felonies relating to election cheating. Any federal felony would also most likely be a state crime.
Thanks again for Sunday's "year in review" podcast - so nice to hear from your managing editor Jill as well as your daughters. I know you started the newsletter for your family after the 2016 election and amazing how it's grown! But of course, we are all the better for having joined this community and had the benefits of your wise and reasoned perspective. There's lots of work to be done, so let's keep hopeful and healthy and active in 2022! Elaine Diamond
Thanks, Elaine. I appreciate the feedback on the podcast. We are still feeling our way forward, so let us know if you would like to see something different.
Thanks...will trust your judgment about the podcasts as they unfold..how often do you intend to do them?
Thank you so much for publicizing events commemorating January 6! At this link you can find over 200, and there are more every day. https://jan6unityday.org We are planning to gather in Raleigh NC in front of Senator Tillis's office, 310 New Bern Avenue, at 11:30 am. You can register at this link, or just come. https://www.mobilize.us/democracyvigils/event/433873/?referring_vol=1791972&rname=Ziegler&share_context=event_details&share_medium=copy_link
Thanks, Karen. I will publicize this link!