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1.5 Years After Jan. 6: Questions About DOJ That Need to be Asked Right Now [1]

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Date: 2022-07-11

First, I recommend you read this diary, and watch the video it links to.

It is 1.5 years after the January 6th attack. The DOJ investigation appears to be accomplishing next to nothing to hold accountable the people who planned the attack and the larger effort to stop the transfer of power, which, had it been successful, would have ended our democracy. The following questions need to be asked regarding the Department of Justice right now:

Is Merrick Garland being bribed, blackmailed or coerced? This question must be taken seriously. This investigation, potentially targeting a former President as well as many other powerful people who may be implicated, has far higher stakes than even the most serious of cases normally seen by the Department of Justice. As such, the potential for high-level bribery, blackmail or coercion is far higher than normal, and must be examined. Are any other officials at DOJ, especially high-level officials, being bribed, blackmailed or coerced? Is Merrick Garland slowing down the investigation out of political loyalty to some of the Republicans involved? I don’t know what Garland’s political loyalties are, but this needs to be examined. Is Merrick Garland slowing down the investigation out of personal loyalty to some of the people involved? Even if he politically is against the people who led the insurrection, does Garland have personal associations or friendships with some of the politicians who might be targets of the investigation, whom he is trying to protect? Is the DOJ, for whatever reason, trying to maintain the appearance that they are investigating, while actually doing nothing? The recent raid on Jeffrey Clark, discussed in the video, happened roughly around the time that Clark’s role was being discussed in the Jan. 6 Congressional hearings. While I’ve seen one or more legal explanations for why that might have been done, here is a simpler potential explanation: The DOJ just wanted the public to think they were doing something. This could also apply to how they recently raided John Eastman concurrent with when his involvement was being discussed in the hearings. This is a disturbing possibility—that the DOJ is simply trying to give the public the impression the investigation is happening, while, for whatever reason, they are deliberately slow-walking it. Why haven’t they caught the bomber? (Apologies for linking to the Washington Examiner article, but it’s the most recent one on the topic.) The answer might be, “because it’s difficult.” But considering that solving difficult cases is supposed to be the DOJ’s job, and apprehending this criminal is incredibly important, here are two other potential reasons why they haven’t caught the bomber yet. One possibility is, they are just not bringing their best resources to the task—which of course, would not be acceptable. However, the second possibility, even more disturbing, is that the bomber, as someone who clearly performed a planned (rather than chaotic) action, may have been close to the center of the conspiracy; and hence, if they are trying to slow-walk the overall investigation, then they must slow-walk the search for the bomber as well. A disturbing possibility—but one that at this point cannot be discarded. Is the current DOJ leadership competent? If the work of justice is not being done, is President Biden prepared to remove Garland and appoint a new Attorney General who will get it done?

Although none of the potential theories mentioned above are impossible, many of them may be unlikely. But I do not apologize for bringing them up, because it underscores the gravity of the situation and the extreme discomfort many Americans, and certainly I myself, are feeling right now, as a crime that threatened our democracy itself is seemingly going unpunished. It is not ok.

Ultimately, this is not about Attorney General Merrick Garland. It is about President Joe Biden and how he is going to lead the country. I imagine the situation must be difficult. For example, Biden says things like this:

“I did not, have not and will not pick up the phone and call the attorney general and tell him what he should or should not do in terms of who he should prosecute,” Biden said. Politico, “‘The way I said it was not appropriate’: Biden backs DOJ independence in Jan. 6 investigation”, 10/21/2021

There is indeed a serious concern with a President telling an AG who to prosecute. But that does not mean the AG is exempt from any performance standards. And, like any other member of the President’s cabinet, if the AG is failing to perform, then the President must take action, including replacing the AG if that is necessary.

On a practical note, Biden can assume that his new AG appointee will face Republican resistance to getting Senate confirmation. But if a replacement is necessary, then it needs to be done. Period.

(Also, as another diarist recently said, Biden needs to be seen fighting for the causes that he and his supporters believe in. This is part of that fight.)

I don’t envy Biden his job, but he signed up to lead us in this “fight for the soul of our country”, and right now, the fight is not getting done and we need leadership.

Time is of the essence.

PS: Here is a recent article on this topic from the NYT (via msn, apparently). You can read it and see if it changes your opinion. It does not change mine. It does mention that the DOJ asked Congress for additional funding for the investigation, and Congress did not provide it. That also does not sound acceptable, and suggests that Congress needs to get serious about this issue as well.

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[1] Url: https://www.dailykos.com/stories/2022/7/11/2108467/-1-5-Years-After-Jan-6-Questions-About-DOJ-That-Need-to-be-Asked-Right-Now

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