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Harry Litman disputes, in an article for The New Republic, the very common criticism (including my own) that Merrick Garland slow-walked the Trump investigation:
The charge of foot-dragging has become a meme. 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.
The record demonstrates that Garland made investigating Trump a top priority, even as he also focused on restoring integrity to the Justice Department. The investigation was extraordinarily complicated and slowed by unusual and unpredictable obstacles, including the Supreme Court's lawless immunity ruling. Moreover, events entirely outside of Garland's control ensured that Trump would not have been held accountable before the election. Finally, Garland's efforts, among others, made Trump's criminality more than clear to the voters, but they nevertheless were content to reelect a felon and serial sexual offender.
The storyline that Garland let moss grow on the investigation—some say until Jack Smith came aboard, others until the work of the January 6 committee embarrassed the department—doesn’t gibe with even the publicly available evidence, which likely will be supplemented over time with details that we still don’t know.
Litman outlines a compelling rebuttal, suggesting Garland may deserve more credit for pursuing this case than I (and others) have given him.
He concludes:
It’s understandable that some of the frustration over Trump’s escape from justice has been displaced onto Garland. We put our hope in him to bring Trump down, and it didn’t happen. It’s easy to make him a scapegoat. But once you factor in all the other reasons for delay, it never was in the cards to bring Trump to justice before Election Day. And that was notwithstanding an overall diligent focus on the prospect from Garland’s first days in office.
Perhaps instead we should focus our ire on those who allowed Trump to remain a politically viable candidate after January 6, 2021, like Mitch McConnell and the 42 other Senators who voted to acquit Trump in his second impeachment trial.