The recently released entire report from the House Select Committee is a remarkable collection of proof of the criminal activity on January 6 that was intended to topple our country.
It also stands for something more: a tribute to the toughness of our system and its capacity to take action when the rule of law is under attack because of built-in redundant capabilities within several departments.
The Special Prosecutor Leon Jaworski and his grand jury are now in the hot seat thanks to the bipartisan committee. They produced a report known as the “roadmap” to impeach then-President Richard Nixon in March 1974.
The roadmap outlined specific evidence supporting each step of the impeachment process. Nixon resigned after a few months. In 2022, the select committee sent a prosecution plan for Donald Trump, a different former president, in the reverse direction — from Congress to federal prosecutors.
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The committee wants to charge Trump with obstruction of justice, conspiracy to defraud the United States, making false statements to the government, and rebellion. The committee’s report marshals substantial evidence from its thorough investigation to support these allegations.
This order is not typically followed in criminal justice. Since the Justice Department is the only federal agency with authority to indict, it usually takes the lead in investigations and prosecutions.
Grand juries, which have the ability to compel testimony that Congress does not, are also available to prosecutors. See this illustration from December 2: Former Trump White House Counsel Pat Cipillone’s assertions of executive privilege were effectively refuted by Special Counsel Jack Smith through a court order executing a grand jury subpoena, compelling him to provide full testimony.
The Jan. 6 committee failed to disprove Cipillone’s assertions of executive privilege. However, it has taken the lead after outstanding public hearings, this referral, and a thorough report.
The committee has unmistakably demonstrated to the nation why and how the main offenders of the attempt to overthrow our democratic government should and can be held accountable. The following House majority’s anticipated Benghazi-style theatrics assaulting the DOJ and Republicans’ political rivals and undermining the rule of law will stand in stark historical contrast to its evidence-based work.
Some observers have used the leadership of the committee’s Jan. 6 meeting as justification for criticizing the DOJ’s delay in taking action. We have urged prosecutors to act quickly, especially when it appeared that the principal offender might not be held accountable.
But managing the Justice Department frequently requires delicate balancing. The DOJ must avoid even the appearance of political involvement if fair justice is to be upheld. If the public correctly believes that the DOJ is political, as former prosecutors did with former Attorney General William Barr’s DOJ.
it will lose the confidence of the populace and its capacity to enforce the law correctly. Therefore, it makes sense that Merrick Garland would start off being cautious about focusing on Trump personally in response to his predecessor.
The attorney general’s defense of that standard is demonstrated by Garland’s decision to name a special counsel last month after Trump declared his run for president in 2024.
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But we shouldn’t discount Garland’s wise decisions made around January 6. He swiftly ordered the prosecution to charge every Capitol invasion participant who had been proven guilty beyond a reasonable doubt. Over 960 people have been accused, and over 450 have been found guilty.
Two Oath Keepers, among them, were found guilty of seditious conspiracy, a charge that had not been successfully prosecuted in a generation. The far-right Proud Boys and other group members are on trial for the same offense.
Regarding the apparent Jan. 6 conspiracy, regardless of whether one believes that Garland waited too long, no one should overlook this concrete illustration of the toughness of our political system: Congress intervened and made it a top priority to ensure that America had the proof of Trump’s attempted takeover thanks to Speaker Nancy Pelosi’s (D-Calif.) appointment of a competent bipartisan committee.
On January 6, the committee focused immediately on his function as the main character. Constitutional checks and balances gave the executive branch a backup when the idea that no one is above the law was in jeopardy. Congress took the initiative to gather information about Trump’s crucial role and make it public.
Final Lines
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