Merrick Garland should indict Trump today. If he doesn’t, Democrats should impeach Garland tomorrow.

Jennifer Rubin, in her Washington Post opinion column on January 3, 2021, argues that the January 6 Investigation committee and the House of Representatives should send criminal referrals of Donald Trump to the Justice Department.

This is an understandable but highly mistaken recommendation.

As one commentator wrote in the comment section for her article,

This is a job for the Justice Department, which is already egregiously delinquent in not indicting Trump.

Criminal prosecution is not the job of the House or the Senate. We have a Justice Department for that.

If anything, House Democrats should launch impeachment hearings for Merrick Garland, who has violated his oath not to let political considerations influence his prosecutorial decisions, and his oath of office to uphold and enforce the laws.

Deferring prosecution, for any reason, means delay, impunity, and failing to dismantle Trump’s propaganda bubble. That means losing Congress in 11 months–eleven months–and perhaps the presidency in 2024.

Garland must indict Trump today. If he doesn’t, Democrats must impeach Garland tomorrow.

Merrick Garland is the wrong man for the job of Attorney General, a meek milk-toast who won’t do anything unless Democrats light a fire under him.

End impunity! Indict Trump today!


“Democrats should impeach Attorney General Merrick Garland–UPDATED December 24, 2021,” The Trenchant Observer, December 24, 2021.

The Democrats and “little d” democrats in the House and the Senate are in the middle of an all-out war with the Republicans for the future of the Republic–even if they are unaware of this fact, as often appears to be the case.

Merrick Garland has demonstrated in his year in office–beyond a shadow of a doubt–that he is not the General America needs to lead a victorious army to conquer the anti-democratic forces seeking to overthrow the Constitution and the rule of law in the United States.

A year of impunity for Trump and his felonious co-conspirators is enough, enough already.

Joe Biden must immediately replace Garland with a new Attorney General who will quickly move to indict Trump and his Republican co-conspirators. Biden might find Garland a job he can’t refuse, whether as an appellate judge or something else,

If Biden falters, House Democrats should quickly begin impeachment proceedings against Garland for failing to indict Trump and enforce the laws.

It is time to replace or remove Garland, and to end the state of impunity in the country that allows Trump to run around organizing his forces for the next Republican attempt to seize power by unconstitutional means.

End impunity now!

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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