December 24, 2021
1) Laurence H. Tribe, Donald Ayer and Dennis Aftergut, “Will Donald Trump Get Away With Inciting an Insurrection?” New York Times, December 23, 2021.
2) “Should Trump be indicted? REVISED — A comprehensive evaluation of the arguments,” The Trenchant Observer, August 2, 2021.
3) “IMPUNITY: The biggrest and most important story no one will cover,” The Trenchant Observer, June 21, 2021.
Original article published November 9, 2021,
1) Eric Lutz, “MERRICK GARLAND LETTING STEVE BANNON SLIDE IS SETTING A DANGEROUS EXAMPLE; The Attorney General has yet to take action against the former White House adviser for defying a subpoena, which could make it harder for the January 6 committee to compel testimony from other Trump allies, ” Vanity Fair, November 9, 2021;
2) “When will Trump be indicted?” The Trenchant Observer, May 2, 2021.
House Democrats should initiate impeachment proceedings against Attorney General Merrick Garland, for malfeasance in office including failure to carry out his sworn oath to uphold the Constitution and the laws of the United States.
Having sworn in his confirmation hearings that he would not allow political considerations to influene his decisions to prosecute individuals, he has blatantly violated his oath and his duty under the Constitution and the law.
Specifically, he has failed to initiate prosecution of Donald Trump and his many co-conspirators for the many electoral crimes committed after the November 3, 2020 presidential election, or for the many instances of obstruction of justice including witness tampering committed if full view by Trump. Among these apparent crimes are the 10 instances of obstruction of justice laid out, in explicit detail and with summaries of the relevant evidence, in the Mueller Report.
There appears to be a conspiracy of silence among Democratic leaders to not even discuss the issue of whether Trump should be prosecuted. When Laurence Tribe tried to raise the issue in an op-ed in the Washington Post, Merrick Garland that very same day, after 6:00 p.m. in the afternoon, published his own op-ed (on voting rights) in the Post, in a transparent (and successful) attempt to distract attention from Tribe’s cogent article.
Frustrated Democrats and other supporters of the Rule of Law have few avenues to pursue in seeking to oppose Garland’s politically influenced decisions to not prosecute Trump, and to delay prosecution of Bannon for defying a Congressional subpoena.
It is painful to admit, but admit it one must: The politicization of the Justice Department under Garland, which has led to the non-prosecution of Trump and needless delay in prosecuting Bannon, represents a devastating attack on democracy and the rule of law in the United States.
Democratic House Members can at least initiate steps for a House inquiry into whether Garland should be impeached for these failures to uphold and properly execute the laws of the United States.
These are not minor matters. The prosecution of Trump and Bannon may in part ultimately determine whether the current fascist threat, led by and backed by the Republicans, will succeed in overthrowing our democracy, in 2022 and 2024 if not before.
The Trenchant Observer