Donald Trump has used the word "Stop" over and over again to accomplish his nefarious ends: "stop" voting by mail, "stop" Congress from certifying the election results. Of course, Trump adds words like "fraud" and "steal", apparently believing it will somehow help shield him from criminal liability. Here's why he is wrong . . . 

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Many people know of Merrick Garland primarily because he was nominated by President Obama to be a Supreme Court Justice but Senate Majority Leader Mitch McConnell unconstitutionally deprived Judge Garland of an "advice and consent" confirmation hearing. 

What many might not know is that, as a Department of Justice prosecutor, Garland headed up the investigation and prosecution of our nation's deadliest domestic terrorism incident: the 1995 bombing of the Alfred P. Murrah Federal Building in Oklahoma City. Here is a review of Garland's work in that landmark case and why it makes him the right person to serve as Attorney General and head up the investigation into the January 6th insurrection at the US Capitol. 

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As a career prosecutor, I was involved in many long-term criminal investigations, both overt and covert. As part of every investigation, we had to balance public safety concerns against the need to continue to investigate before moving to the "takedown" stage - arresting the targets of the investigation.

The available evidence supports a conclusion that Donald Trump incited the insurrection on the US Capitol on January 6th. Yet Trump has not yet been arrested for his crimes. Many are asking how long America has to wait before Trump is held accountable for his many offenses. Here are some of the concerns ordinarily driving the timing of arrests in conspiracy investigations. 

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Two questions frequently are being asked in the aftermath of the January 6th storming of the US Capitol:

1. Why are the individuals who are being arrested being charged with what seem like low level criminal offenses?

2. Why are most of the insurrectionists being released by judges after they have been arrested and presented in court?

In my 30 years as a federal prosecutor, I investigated, indicted and tried many conspiracy cases. Here are some of the institutional, procedural and practical reasons driving the charging and detention/release decisions. And here are some of the real world reasons as well.

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The frustration of the American people is as understandable as it is palpable. Donald Trump committed so many crimes in plain sight yet he has been held accountable for nary a one. Moreover, it's being reported that Trump is golfing in Florida and plotting his revenge against Republicans who, in his estimation, did him wrong. 

As a federal prosecutor for 30 years, rarely did I have as much evidence in a case as we've seen just publicly reported about Trump's crimes. Here is why need to be patient as we await justice to come for Donald Trump. 

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In his first week, President Joe Biden has been signing Executive Orders at a remarkable pace. Notably, these executive orders have an overarching theme of restoring honor, decency, accountability, diversity and equality to our federal government. In short, he is trying to repair the incalculable damage to our government done by Donald Trump.

In another break with Trump precedent, Joe Biden directly confronted Russian President Vladimir Putin on the many issues for which Trump had given Putin a pass. Plus, the White House actually informed the American people of the substance of the conversation between Biden and Putin as opposed to having to hear about it from the Russia, as was always the case with the Trump administration.

In short, what a difference a week makes.

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Attorneys General of Maryland and the District of Columbia, as well as the nonprofit organization Citizens for Responsible Ethics in Washington (CREW) sued Donald Trump for his obvious and chronic violations of the emoluments clause of the Constitution (personally profiting from his office). The trial courts refused to dismiss the cases but Trump engaged in endless appeals and delays. When the cases finally made it up to the Supreme Court, the court dismissed the cases as moot because Trump is no longer president. This does little more than reward Trump for his endless delays. Sadly, the Supreme Court could have and should have relied on its own guiding principle of deciding - rather than dismissing - a case, that is "capable of repetition yet evading review."

 

This unjust development reinforces the need for a Presidential Crimes Commission, as Congressman Eric Swalwell has called it, or a Trump Crimes Commission, as I have called it while sharing a panel with Rep. Swalwell. Given the Supreme Court's unfortunate dismissal, the emoluments issue must now be put on the Crimes Commission's agenda.  

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The first Senate impeachment of Donald Trump was anything but a trial: no witnesses, no documents, no evidence, no testimony. Indeed, half of the Senators refused to hold Trump accountable for crimes and abuses he committed in plain sight.

But if Senate Impeachment Trial part one was an embarrassment, just wait until Senate Impeachment Trial: The Sequel. Every single senator - the jurors - has a disqualifying conflict, as they are either witnesses, victims or possible instigators/perpetrators themselves.

In my 30 years as a federal prosecutor I participated in jury selection hundreds of times. The first rule of jury selection is that each juror must be able to decide a case fairly and impartially, with absolutely no stake in the result. Now obviously, an impeachment trial is a political proceeding, not a criminal trial. But to suggest that senators who are witnesses to the insurrection, victims of the insurrection or enablers of the insurrection, can sit as fair jurors is pure folly. 

In short, accountability and justice can not be achieved in a Senate Impeachment "trial." Accountability - justice - can only be achieved in a criminal trial.

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The Washington Post and the New York Times reported that Trump planned to oust Acting Attorney General Rosen so he could install a DOJ Official named Jeffrey Clark as AG so Clark could help him corruptly overturn the Georgia election results.

What are the next steps to address a situation where a president of the United States recruited a top DOJ Official to participate in a criminal conspiracy to corruptly overturn election results? Clark should be subpoenaed by both Congress and a grand jury empaneled to investigate Trump's attempts to steal the election. When Clark inevitably invokes either executive privilege or his 5th Amendment right against self-incrimination, here is how how issues will play out. 

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Senate MINORITY Leader Mitch McConnell is demanding that the Senate MAJORITY Leader Chuck Schumer leave the filibuster in place, meaning that it would make it significantly harder for the Democrats to pass legislation or confirm presidential nominees on a simple majority vote. 

This is the same Mitch McConnell who bragged about being the grim reaper and presiding over a legislative graveyard where he sent all of the bills duly passed by the House of Representatives to die. This is the same Mitch McConnell who refused to give Supreme Court nominee Merrick Garland his constitutionally required confirmation/advice and consent hearing claiming that such a hearing could not take place during the last year of a president's term only to turn around and hold a confirmation hearing for Amy Coney Barret just days before a presidential election. And now Mitch McConnell asks Chuck Schumer to let legislative bygones be bygones!?

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