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Eric O'Donnell's avatar

It seems to me that the most obvious possibility is that the Committee has finally forced the hand of the DOJ. I have noted often how how the Committee’s work has been patient, professional, and broad in scope. They have released information when it was in their interest (read: the interests of America) and they have been as silent as the grave the rest of the time. I had great faith that the hearings would lay out a coherent story that was close to the truth of what happened. But the weight that each hearing is placing on the thugs who tried to commandeer America’s democracy is even more imposing than I expected. Their work will go down in history as an example of democracy at its finest - the checks and balances that America prides itself on have worked.

It is not so clear with the Department of Justice. I have been skeptical of Merrick Garland’s leadership from the start. At a moment in history when America needed a deliberate but *aggressive* AG, they were given a deliberate and ultra-cautious one. His primary objective seemed to be to restore faith in the DOJ, and in the early going his actions were even handed - he seemed to be bending over backwards to assure Republicans and supporters that his department would be fair to them.

There is no question that the DOJ has moved exceedingly slowly on the events surrounding Jan. 6. A tremendous amount of energy and resources went into picking off the small fry, the useful idiots who stormed the Capitol. In a rare public speech Garland explained that this was the way to build a case.

In a normal situation I would agree. But here there were really two cases - one about the actual events of that day and a second to focus on the buildup to the day, the schemes being hatched in the White House, the lawsuits and false set of electors plan and so forth. This second part was far more important because it drove the actual insurrection and could have been a blueprint for those in the future who would seek to drive the final nails into the coffin of American democracy.

Both parts should have been pursued in tandem. Clearly they were not. Now the DOJ is playing catch-up to the Committee. It must be embarrassing to some in the Department that their raid on Clark’s house was completely overshadowed by the Committee’s total evisceration of that same Jeffrey Bossert Clark in a hearing on the very same day.

It seems entirely likely that Clark’s devices have long been scraped clean of inculpatory evidence. However the hearing presented him in such a light that he appears to be thick-headed and obtuse, as well as much too confident in his own abilities. So perhaps he has been dumb in regard to his devices.

Finally, it is only fair to point out that the DOJ’s task is far more daunting than that of the Committee. Bringing a case against Trump + + is going to be exceedingly difficult. Trump has been cunning in not committing things to paper, in inferring rather than saying what he wants done, and so forth. His defence would be that he simply was following the advice of those lawyers on “Team Not Normal”. Much would go to mens rea and it seems the likely (and difficult) legal petard upon which to hoist Trump would be the legal concept of “willful blindness”.

The Committee is perhaps not actually embarrassing the DOJ into action. But their thorough and damning presentation is focusing the attention of the public on punishing the perpetrators, and so the pressure is on Garland and his department. Their raid yesterday, rightly or wrongly, appears reactive and a bit lame.

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Michael Bales's avatar

I don't claim to know the inner workings of the Justice Department. But I believe things are headed in the right direction. A critical element is playing out: the J6 Committee is exposing the truth with compelling narratives. The public is being educated about what happened and absorbing the most effective theme: Republicans appointed by Trump are revealing The Big Lie as the real fraud and proving that he directed the conspiracy to overthrow the election.

Meanwhile, Garland is working in parallel. When he delivers indictments, the MAGA cult will howl but the rest of the country will know that there's been no politically inspired rush to judgment. And the hundreds of cases, going all the way to the top, have been built methodically and fairly.

To have done otherwise would have vastly increased the chances of a violent reaction from the far right, and there still might be one. But those denying the truth that's now as evident as the sun rising in the East will look like the extremist, hateful fools that they are.

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