The story of Merrick Garland is a tragic tale of failure crowning an illustrious career. The celebrated proecutor of Timothy McVeigh for the 1995 Oklahoma…
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 committed during Trump’s presidency.
The consequences of that policy of impunity have been grave, and may have even more disastrous consequences for the future of democracy in the United States.
See, 1) “Merrick Garland should indict Trump today. If he dosn’t, Democrats should impeach Garland tomorrow,” The Trenchant Observer, January 3, 2022; 2) “Democrats should…
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.
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.
Sometimes political situations and their implications are very clear to the objective observer, someone like the Observer who is far removed from the buzz of Washington, Twitter, and the latest “breaking news” on the Cable News networks. The Observer is a keen and unbiased commentator who reads many newspapers, both American and foreign, and who has been paying attention to political developments in the United States for a long time.
Drawing on this experience and his own original analysis, the Observer believes that there are three major problems that pose a challenge to American democracy, and that there are three active measures that the Democrats and “little d” democrats should take, now, in order to save the Republic.
Taking down Trump is the single most important action the Democrats can take to safeguard American democracy in 2022 and 2024. Together with passing legislation prohibiting the knowing transmission of lies and disinformation on television and radio, and enacting voting rights legislation, indicting Trump is an essential action in any program to protect American democracy against the anti-democratic and authoritarian threat Trump and his supporters represent.
These three problems represent the greatest challenges to American democracy today.
These three urgent actions represent our best hopes for beating back the anti-democratic challenge before it is too late.
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.
On January 13, 1898, French novelist Émile Zola published his famous letter entitled, “J’accuse” (I accuse), addressed to the President of the Republic, in which he denounced the government and its military command and their antisemitic leaders for prosecuting Alfred Dreyfus, a Captain of Jewish descent, on trumped up charges of treason. Dreyfus had been convicted in 1894, and at a subsequent retrial. Zola’s letter had a decisive impact on democracy and the rule of law in France.
In the United States, we now face a similar if not even graver moment in which the rule of law is at stake. It is a moment in which antisemitic and racist militants actively participate in a fascist conspiracy to overthrow the Constitution and the rule of law.
In these circumstances, the following letter is addressed to “Democrats “and political leaders in the United States, calling on them to act, vigorously and effectively, to defend American democracy.
Today, finally, a leading national opinion columnist, Max Boot, called for the Justice Department to investigate Donald Trump’s crimes.
Because Merrick Garland has been far too willing to look the other way, and has avoided investigation and indictment for the many crimes Donald Trump appears to have committed, Boot proposes Garland appoint a Special Prosecutor to investigate Trump’s apparent crimes.
We have set forth the considerations which we believe argue strongly for the indictment and prosecution of Donald Trump for his election-related and other crimes, and for the prosecution of his Republican co-conspirators who joined him in a vast conspiracy to overthrow the election and the Constitution of the United States.
We are faced with a Democratic conspiracy of silence regarding whether Trump should be indicted. It is not a criminal conspiracy, like Trump’s conspiracy to overthrow the election and the Constitution, but it is a conspiracy in the broader sense of the term.
Let us now consider the arguments for not prosecuting Trump and his co-conspirators.
Writing today, on June 4, 2025, it is hard to believe what has happened in the United States in the last few years. It wasn’t easy to uproot my life and move abroad, as a refugee from the fascism which has taken over in the United States.
With my mastery of foreign languages and cultures and history of working in many foreign countries, I have had many options. At the moment, I am in Costa Rica, where I lived for three years decades ago.
The second huge mistake the Democrats made was that they failed to prosecute Donald Trump and his co-conspirators for the many electoral crimes and other felonies that they appeared to have committed.
How the Democrats arrived at the thought that they might pierce Trump’s propaganda bubble without taking him on, and prosecuting him and his co-conspirators, was never clear, and in retrospect defies understanding.
(The Democrats) seemed to have entered into some kind of conspiracy of silence….Since the Democrats would not even allow discussion of the issues related to the non-prosecution of Trump and his co-conspirators, there was virtually no public discussion of their strategy.
Proceeding with this strategy of not challenging Trump directly by indicting him and his co-conspirators, the Democrats lost the House in 2022. Joe Biden’s domestic initiatives then hit a brick wall….On January 20, 2025, the new Republican president took office. With the election of a Republican Senate and a Republican House, the Trumpists had returned to power. They promptly set about passing laws which curtailed freedom of the press and other civil liberties.
Within days of the inauguration, I boarded my flight to Costa Rica.
See, 1) Laurence H. Tribe, Barbara McQuade and Joyce White Vance, “Here’s a roadmap for the Justice Department to follow in investigating Trump,” Washington Post,…
IMPUNITY: The biggrest and most important story no one will cover
When will Trump be indicted?
Why are we asking this question five months after Democratic President Joe Biden has been in office?
A Pulitzer Prize is waiting for the Newspaper or Magazine that will field a news team to take this story on.
The Biden administration and Merrick Garland’s Justice Department have not convened grand juries and indicted Donald Trump and his Republican co-conspirators for the many electoral crimes and other crimes they committed in what amounted to a vast Republican conspiracy to overthrow the election and the Constitution.
All the attention has been diverted to the Capital Insurrection on January 6 and the violent demonstrators who seized the Capitol. Attention of the media has focsed on the foot soldiers, and not the generals who sent them into battle. Trump and his Republican co-conspirators commited many acts of intimidation of election officials, and other acts of obstruction of justice. Why have Biden and Garland not prosecuted these crimes?
It as if some foreign country that is an enemy of democracy had launched a massive missile attack on the United States that unleashed a tasteless, odorless gas on the entire population, causing total amnesia regarding certain tenets of democracy and the rule of law.
One such bedrock principle of the rule of law is that crimes must be punished, suspected criminals must be indicted and tried, and, when found guilty, sent to prison.
If Trump gave us the Normalization of the Unthinkable and the Normalization of the Unforgivable, President Joe Biden and Attorney General Merrick Garland have given us the Normalization of Impunity.
Which newspaper or magazine or news team will go after the Pulitzer that is just sitting there, like on a table, waiting for someone to pick it up?
Too many frowns can change the brightest disposition
As sure as clouds can darken the dawn
Yet every joy in life has been our one ambition.
And that’s how we intend to go on!
Merrily we roll along, my honey and me
Verily there’s no one half as happy as we
Merrily we dance along while facing the sun
Merrily our slogan is: ‘say, don’t we have fun?’
We live in style, with a smile and a song
As we merrily roll along!
Though we often quarrel for it’s human I’m sure
But we find there’s nothing that a kiss cannot cure
We’re for each other, how can we go wrong?
As we merrily roll along!
Everyone seems quite undisturbed by the non-prosecution of politicians in high places who have committed serious and blatant crimes, in broad daylight.
Trump introduced the normalization of the unthinkable, and the normalization of the unforgivable.
The Biden Administration and Attorney General Garland are now introducing the normalization of impunity for politically-motivated crimes at the highest levels.
House Democrats should forget the immense distraction of conducting yet another investigation of the insurrection on January 6.
Instead, they should be holding hearings into why the Biden Administration and the Justice Department are not prosecuting serious felonies committed by the former president and his Republican co-conspirators who sought to overthrow the election and the Constitution of the United States.
The country faces a stark choice between prosecuting the presumptive criminals, who committed their crimes in broad daylight, or accepting the normalization of impunity for political crimes at high levels, as the country rolls merrily along.
If America chooses the second path, what could possibly go wrong?