Democrats should impeach Attorney General Merrick Garland–UPDATED December 24, 2021

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

About the Author

James Rowles
"The Trenchant Observer" is edited and published by James Rowles (aka "The Observer"), an author and international lawyer who has taught International Law, Human Rights, and Comparative Law at major U.S. universities, including Harvard, Brandeis, the University of Pittsburgh, and the University of Kansas. Dr. Rowles is a former staff attorney at the Inter-American Commission on Human Rights (IACHR) of the Organization of American States OAS), in Wasington, D.C., , where he was in charge of Brazil, Haiti, Mexico and the United States, and also worked on complaints from and reports on other countries including Argentina, Chile, Uruguay, El Salvador, Nicaragua, and Guatemala. As an international development expert, he has worked on Rule of Law, Human Rights, and Judicial Reform in a number of countries in Latin America, the Caribbean, Africa, the Middle East, South Asia, and the Russian Federation. In the private sector, Dr. Rowles has worked as an international attorney for a leading national law firm and major global companies, on joint ventures and other matters in a number of countries in Europe (including Russia and the Ukraine), throughout Latin America and the Caribbean, and in Australia, Indonesia, Vietnam, China and Japan. The Trenchant Observer blog provides an unfiltered international perspective for news and opinion on current events, in their historical context, drawing on a daily review of leading German, French, Spanish and English newspapers as well as the New York Times, the Wall Street Journal, the Washington Post, and other American newspapers, and on sources in other countries relevant to issues being analyzed. Dr. Rowles speaks fluent English, French, German, Portuguese and Spanish, and also knows other languages. He holds an S.J.D. or Doctor of Juridical Science in International Law from Harvard University, and a Doctor of Law (J.D.) and a Master of the Science of Law (J.S.M.=LL.M.), from Stanford University. As an undergraduate, he received a Bachelor of Arts degree, also from Stanford, where he graduated “With Great Distinction” (summa cum laude) and received the James Birdsall Weter Prize for the best Senior Honors Thesis in History. In addition to having taught as a Lecturer on Law at Harvard Law School, Dr. Rowles has been a Visiting Scholar at Harvard University's Center for International Affairs (CFIA). His fellowships include a Stanford Postdoctoral Fellowship in Law and Development, the Rómulo Gallegos Fellowship in International Human Rights awarded by the Inter-American Commission on Human Rights, and a Harvard MacArthur Fellowship in International Peace and Security. Beyond his articles in The Trenchant Observer, he is the author of two books and numerous scholarly articles on subjects of international and comparative law. Currently he is working on a manuscript drawing on some the best articles that have appeared in the blog.

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