Policy of Impunity continues at Merrick Garland’s Justice Department, as statute of limitations runs out on obstruction of justice cases detailed in Mueller Report


Randall D. Eliason, “Yes or no on Mueller report criminal charges? Don’t let Trump just run out the clock,” Washington Post,” February 7, 2022 (4:47 p.m. EST).

When the history of Joe Biden’s presidency is written, it will record that his administration, under Attorney General Merrick Garland at the Justice Department, adopted a policy of granting impunity to Donald Trump and his associates for the very serious crimes they apparently committed during Trump’s presidency.

The consequences of that policy of impunity have been grave, and in the future may have even more disastrous consequences for the future of democracy in the United States.

Eliason lays out a compelling case for prosecution of Trump for the instances of obstruction of justice detailed in the Mueller Report. As an adjunct professor of white collar crime at George Washington University and a former prosecutor at DOJ, he is understandably restrained in his criticism of the Justice Department.

The rest of us do not have to be so diffident. What Merrick Garland has done by not prosecuting Trump and his associates is a monstrous outrage. Garland has effectively decided that they are above the law.

Aside from the deference Eliason shows toward Garland and Justice Department prosecutors, his op-ed represents a powerful critique of Garland’s policy of impunity at the Justice Department. It is worth reading and pondering closely.

See also,

1) “Some House Democrats should move to impeach Merrick Garland for allowing statutes of limitation to run out and for not indicting Trump,” The Trenchant Observer, January 18, 2022.;

2) “Should Trump be indicted? REVISED — A comprehensive evaluation of the arguments,” The Trenchant Observer, August 2, 2021;

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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.