Agreed.....and this was a very nice run down. While I get the frustration with the pace, slow and steady always felt like a wiser approach and it is amply evidenced in what Smith keeps bringing up.
I hope that Trump and his band of Grifty cohorts do pay a price.....and given the unprecedented situation, I'd rather have a solid, iron clad case over performative justice.
First, there was tRump's "running for president" announcement last year...then came the SC appointment in November, followed by the Jan6 Committee Final Report AND roadmap for future prosecution of tRump out in December...then came the inevitable indictments. All in good time, with evidence and charges neatly and concisely wrapped up, but products of a necessarily lengthy process in order to avoid later losses on appeal. And here we are today, watching it all play out, and hopefully via televised trial(s).
Sorry, but just hadda jump in. I have been saying from the outset that MG was gonna do this from the ground up. Once we got to the point of CONVICTIONS for actual COUP-type charges brought against oath keeper & proud boy militias, it was established that such an event had actually taken place; and it was then appropriate to escalate to the conspirators at the top.
DOJ resources were fully committed to the ground-up effort; the grand crime was both unprecedented AND exceedingly complex. It was paramount to mount unassailable charges; flubbing the case, even leaving it open to partisan sniping, could not be allowed to happen.
Jack Smith is the most serious of the serious. He is a courtroom heavy the likes of which make the guilty quake in their boots. He is not here to lose.
Has anyone marveled at how quickly Jack Smith has moved? That must mean that a lot had already been quietly done. You can't cross a bridge that hasn't been built.
Yes, I think that even though the congressional investigation ended with a shrug, a lot of what they uncovered and got people to testify to, helped Smith out.
I never understood why a venue could be inappropriate because the crime occurred there and the locals were threatened by it. Too much like killing your parents and begging for mercy because you're an orphan. Your choice, your consequence.
Jay your extremely clear analysis of the DOJ’s preparation to keep this case legally solid has given me great hope that justice will prevail. Thank you!
Thank you Jay, a great summary. I understand Garland much better as a result of your detailed analysis. I always thought he was being wrongly criticized for taking time to prosecute the rioters. He had the right idea all along. Excellent!
At their swearing in ceremony, members of Congress, Senators and Representative, are administered an oath: “I, (name of Member), do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; ... ".
Now that the groundwork has been laid, my most fervent hope is that those members of Congress who participated in (and continue to participate in) efforts to overturn the 2020 presidential election results are charged and prosecuted before the 2024 elections. Without the groundwork and precedents, I didn't think there was any chance for consequences. Now I am hopeful.
DOJ being very methodical, quietly laying the groundwork, and avoiding showmanship is emblematic of the whole Biden administration. Remember when Build Back Better was completely dead then seemingly out of nowhere we got the Inflation Reduction Act? Also when there seemed to be no path on the default crisis we suddenly had a pretty good deal to raise the debt ceiling? That's what serious people can accomplish when they just do the work and don't listen to the broken media ecosystem.
Bravo! You have provided those of us without legal backgrounds with a comprehensive, understandable explanation of how methodical the Justice Department acted to no only prosecute the "Magats" who attacked our Capitol, but to lay the groundwork for a case against the former guy.
“When faced with a similar motion, Judge Chutkan already found against one defendant who made a request last year for a change of venue out of D.C. on the ground that it’s too liberal a place...”
This made me laugh, they can’t say dems aren’t tough on crime if they don’t want to be tried in “too liberal a place” lol
I think the only way Garland’s DOJ could have handled this incorrectly is if they couldn’t have found enough proof to change Trump for anything related to January 6. The legal system is slow, and this is, as Jay mentioned, absolutely unprecedented. The last thing anyone should have been looking to do was rush Trump into court with a flimsy case.
Having sat on a jury for a personal injury case (not criminal, so different), I saw that process was started back in 4 years early for an accident that happened even 2 years before that! Proper justice takes time. We’ve all become used to instant gratification, but it’s just not the way to move forward with something as big as this.
Except by not moving forward and nipping insurrectionists and wanna be authoritarians in the bud, we encourage more of same. And look where we are today! Our situation is more precarious than ever. We were told (and I thought) that 2020 was our most important election ever. And now we know 2424 is even more important. All because there were no consequences--so far--for the the hydra, which, in the meantime, has grown hundreds of heads.
If Trump were acquitted it would be far worse than simply not convicted yet--he’d have the protection of double jeopardy plus “proof” that he did “nothing wrong.” As the old saying goes, if you come at the king, you’d better not miss.
I mean, the DoJ did move forward and there were lots of legal consequences for scores of J6 participants. Also, democracy moves slowly, but it’s the best system we’ve got. If we want people thrown in jail immediately to discourage the behavior we don’t like, then what we want is an autocracy, (which can move fast because the autocrat is not beholden to voters and laws).
Another concise and excellent article! I’ve always felt that Merrick Garland & DOJ were trying to close up any loopholes trump could again slither through, so it is exciting to see their work is nearly done!
I am also grateful that Garland (like Fauci) didn’t quit when faced with incredible backlash! When all is said and done, I hope they receive the gratitude and respect they deserve.
Okay. I knew some of this for sure in depth, maybe all or most of this to some degree. But stitching this together in an overview?You’re right.
Case law settling for a truly unprecedented event and appeal proofing charges and scenarios takes time, and takes thinking about charges and appeals and webbing together and apart cases and targets multiple steps ahead.
You’re right. It truly was 4D chess and as excruciating as it has been to watch how slowly the cases proceeded, it has been remarkable how the court system has solidified and more importantly affirmed and appeal proofed all the legal issues on up for higher up in the conspiracy participants, including Trump himself.
Handling the law itself, in charge selections and their components and their complexities, did need to be solid, from the shaman on up to Trump himself.
Kind of makes wonder why Trump first, not the six unindicted co conspirators first, besides the being forced by timing (which is not politicization as Trump is defining it!)
Careful and solid and apolitical and utterly without any sense of persecution. It would have been nice to resolve certain legal issues sooner and to be able to charge Trump sooner. Not sure it could have been, without resolving those issues sooner.
Jack Smith has been burning the midnight oil for sure, but not for lack of Garland’s work in laying the groundwork to make prosecuting Trump and his cronies solidly possible and as appeal proof as possible.
Thank you for this. Sure puts paid to the notion that knowing basic facts doesn’t necessarily mean knowing how to order these facts and to have the necessary perspective on them, to understand how it all goes together.
Agreed.....and this was a very nice run down. While I get the frustration with the pace, slow and steady always felt like a wiser approach and it is amply evidenced in what Smith keeps bringing up.
I hope that Trump and his band of Grifty cohorts do pay a price.....and given the unprecedented situation, I'd rather have a solid, iron clad case over performative justice.
First, there was tRump's "running for president" announcement last year...then came the SC appointment in November, followed by the Jan6 Committee Final Report AND roadmap for future prosecution of tRump out in December...then came the inevitable indictments. All in good time, with evidence and charges neatly and concisely wrapped up, but products of a necessarily lengthy process in order to avoid later losses on appeal. And here we are today, watching it all play out, and hopefully via televised trial(s).
CF/rl (Comment First/read later).
Sorry, but just hadda jump in. I have been saying from the outset that MG was gonna do this from the ground up. Once we got to the point of CONVICTIONS for actual COUP-type charges brought against oath keeper & proud boy militias, it was established that such an event had actually taken place; and it was then appropriate to escalate to the conspirators at the top.
DOJ resources were fully committed to the ground-up effort; the grand crime was both unprecedented AND exceedingly complex. It was paramount to mount unassailable charges; flubbing the case, even leaving it open to partisan sniping, could not be allowed to happen.
Jack Smith is the most serious of the serious. He is a courtroom heavy the likes of which make the guilty quake in their boots. He is not here to lose.
Cocaine Mitch will rue the day he stiffed MG.
Completely agree.
Has anyone marveled at how quickly Jack Smith has moved? That must mean that a lot had already been quietly done. You can't cross a bridge that hasn't been built.
He was up against the clock, but this is a 9-time ironnan triathlete...
Yes, I think that even though the congressional investigation ended with a shrug, a lot of what they uncovered and got people to testify to, helped Smith out.
I never understood why a venue could be inappropriate because the crime occurred there and the locals were threatened by it. Too much like killing your parents and begging for mercy because you're an orphan. Your choice, your consequence.
My mom always says, “You can’t light the forest on fire and then cry when your house burns!”
It’s silly to claim that especially since your own lawyers have some say when selecting jurors. (Is that assumption accurate?)
Yes, they can strike jurors for "cause"-- a cognizable reason, and a limited number for no reason at all-- "peremptory."
Jay your extremely clear analysis of the DOJ’s preparation to keep this case legally solid has given me great hope that justice will prevail. Thank you!
Thank you Jay, a great summary. I understand Garland much better as a result of your detailed analysis. I always thought he was being wrongly criticized for taking time to prosecute the rioters. He had the right idea all along. Excellent!
At their swearing in ceremony, members of Congress, Senators and Representative, are administered an oath: “I, (name of Member), do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; ... ".
Now that the groundwork has been laid, my most fervent hope is that those members of Congress who participated in (and continue to participate in) efforts to overturn the 2020 presidential election results are charged and prosecuted before the 2024 elections. Without the groundwork and precedents, I didn't think there was any chance for consequences. Now I am hopeful.
I'm not sure who gets charged next. But I think it's the co-conspirators plus those in on the financial scam
DOJ being very methodical, quietly laying the groundwork, and avoiding showmanship is emblematic of the whole Biden administration. Remember when Build Back Better was completely dead then seemingly out of nowhere we got the Inflation Reduction Act? Also when there seemed to be no path on the default crisis we suddenly had a pretty good deal to raise the debt ceiling? That's what serious people can accomplish when they just do the work and don't listen to the broken media ecosystem.
If I may, ... broken media echo system.
Excellent analysis
Bravo! You have provided those of us without legal backgrounds with a comprehensive, understandable explanation of how methodical the Justice Department acted to no only prosecute the "Magats" who attacked our Capitol, but to lay the groundwork for a case against the former guy.
Thank you!
“When faced with a similar motion, Judge Chutkan already found against one defendant who made a request last year for a change of venue out of D.C. on the ground that it’s too liberal a place...”
This made me laugh, they can’t say dems aren’t tough on crime if they don’t want to be tried in “too liberal a place” lol
I think the only way Garland’s DOJ could have handled this incorrectly is if they couldn’t have found enough proof to change Trump for anything related to January 6. The legal system is slow, and this is, as Jay mentioned, absolutely unprecedented. The last thing anyone should have been looking to do was rush Trump into court with a flimsy case.
Having sat on a jury for a personal injury case (not criminal, so different), I saw that process was started back in 4 years early for an accident that happened even 2 years before that! Proper justice takes time. We’ve all become used to instant gratification, but it’s just not the way to move forward with something as big as this.
Also, they do it in an hour on TV!
Except by not moving forward and nipping insurrectionists and wanna be authoritarians in the bud, we encourage more of same. And look where we are today! Our situation is more precarious than ever. We were told (and I thought) that 2020 was our most important election ever. And now we know 2424 is even more important. All because there were no consequences--so far--for the the hydra, which, in the meantime, has grown hundreds of heads.
Every election is the most important ever. Sitting things out is how we got to this place.
If Trump were acquitted it would be far worse than simply not convicted yet--he’d have the protection of double jeopardy plus “proof” that he did “nothing wrong.” As the old saying goes, if you come at the king, you’d better not miss.
I mean, the DoJ did move forward and there were lots of legal consequences for scores of J6 participants. Also, democracy moves slowly, but it’s the best system we’ve got. If we want people thrown in jail immediately to discourage the behavior we don’t like, then what we want is an autocracy, (which can move fast because the autocrat is not beholden to voters and laws).
Jay Kuo ⭐️👏
Another concise and excellent article! I’ve always felt that Merrick Garland & DOJ were trying to close up any loopholes trump could again slither through, so it is exciting to see their work is nearly done!
I am also grateful that Garland (like Fauci) didn’t quit when faced with incredible backlash! When all is said and done, I hope they receive the gratitude and respect they deserve.
Okay. I knew some of this for sure in depth, maybe all or most of this to some degree. But stitching this together in an overview?You’re right.
Case law settling for a truly unprecedented event and appeal proofing charges and scenarios takes time, and takes thinking about charges and appeals and webbing together and apart cases and targets multiple steps ahead.
You’re right. It truly was 4D chess and as excruciating as it has been to watch how slowly the cases proceeded, it has been remarkable how the court system has solidified and more importantly affirmed and appeal proofed all the legal issues on up for higher up in the conspiracy participants, including Trump himself.
Handling the law itself, in charge selections and their components and their complexities, did need to be solid, from the shaman on up to Trump himself.
Kind of makes wonder why Trump first, not the six unindicted co conspirators first, besides the being forced by timing (which is not politicization as Trump is defining it!)
Careful and solid and apolitical and utterly without any sense of persecution. It would have been nice to resolve certain legal issues sooner and to be able to charge Trump sooner. Not sure it could have been, without resolving those issues sooner.
Jack Smith has been burning the midnight oil for sure, but not for lack of Garland’s work in laying the groundwork to make prosecuting Trump and his cronies solidly possible and as appeal proof as possible.
Thank you for this. Sure puts paid to the notion that knowing basic facts doesn’t necessarily mean knowing how to order these facts and to have the necessary perspective on them, to understand how it all goes together.
Thank you for your cogent analysis. Enlightening for this non-legal reader!
Notice that the orange thing is now saying, "if it was so bad why didn't they charge me two and a half years ago?" 🤬
Obstruction, obstruction, obstruction, a wall of obstruction