Baltimore Sun

Jan. 6 panel puts Garland in a precarious position

Committee calling on the AG to act as probe continues

- By Farnoush Amiri and Michael Balsamo

WASHINGTON — Lawmakers investigat­ing the Jan. 6, 2021, attack on the U.S. Capitol are increasing­ly going public with critical statements, court filings and more to deliver a blunt message to Attorney General Merrick Garland and the Department of Justice.

President Donald Trump and his allies likely committed crimes, they say. And it’s up to you to do something about it.

“Attorney General Garland, do your job so we can do ours,” prodded Rep. Elaine Luria of Virginia.

“We are upholding our responsibi­lity. The Department of Justice must do the same,” echoed Rep. Adam Schiff, D-Calif.

Their rhetoric, focused this week on two contempt of Congress referrals approved by the committee, is just the latest example of the pressure campaign the lawmakers are waging. It reflects a stark reality: While they can investigat­e Jan. 6 and issue subpoenas to gather informatio­n, only the Justice Department can bring criminal charges.

Committee members see the case they are building against Trump and his allies as a once-in-a-generation circumstan­ce. If it’s not fully prosecuted, they say, it could set a dangerous precedent that threatens the foundation­s of American democracy.

The lawmakers seem nearly certain to send a criminal referral to the Justice Department once their work is through.

It all puts Garland, who has spent his tenure trying to shield the Justice Department from political pressure, in a precarious spot. Any criminal charges related to Jan. 6 would trigger a firestorm, thrusting prosecutor­s back into the partisan crossfire that proved so damaging during the Trump-Russia influence investigat­ion and an email probe of Hillary Clinton.

Garland has given no public indication about whether prosecutor­s might be considerin­g a case against the former president. He has, though, vowed to hold accountabl­e “all January 6th perpetrato­rs, at any level” and has said that would include those who were “present that day or were otherwise criminally responsibl­e for the assault on our democracy.”

Parts of the department’s investigat­ion have overlapped with the committee’s. One example is in late January when Justice announced it had opened a probe into a fake slate of electors who falsely tried to declare Trump the winner of the 2020 election in seven swing states that Joe Biden won. Three days later, lawmakers subpoenaed more than a dozen people involved in the effort.

But the Jan. 6 committee wants more. Their message was amplified this week when a federal judge in California — District Judge David Carter, a President Bill Clinton appointee — wrote that it is “more likely than not” that Trump himself committed crimes in his attempt to stop the certificat­ion of the 2020 election.

The practical effect of that ruling was to order the release of more than 100 emails from Trump adviser John Eastman to the Jan. 6 Committee. But lawmakers zeroed in on a particular passage in the judge’s opinion that characteri­zed Jan. 6 as a “coup.”

But experts caution that Carter’s opinion was only in a civil case and does not

meet the long-standing charging policy the Justice Department is required to meet. Justin Danilewitz, a Philadelph­ia-based attorney and former federal prosecutor, noted the department faces a higher burden of proof in court to show that presidenti­al immunity should not apply.

And Danilewitz said the legal advice Trump received from Eastman “undermines an inference of corrupt or deceitful intent.”

The department will be guided by the evidence and law, he said, “but the social

and political ramificati­ons of a decision of this kind will not be far from the minds of Attorney General Garland and his staff.”

“A decision to bring or not bring criminal charges will have significan­t ripple effects,” he added.

Another point of friction with the Justice Department is the effort to enforce subpoenas through contempt of Congress charges.

The House approved a contempt referral against former White House chief of staff Mark Meadows in

December after he ceased cooperatin­g with the Jan. 6 panel. While an earlier contempt referral against former Trump adviser Steve Bannon resulted in an indictment, the Department of Justice has been slower to decide whether to prosecute Meadows.

A decision to pursue the contempt charges against Meadows would have to come from career prosecutor­s in the U.S. attorney’s office in Washington before senior Justice Department officials would weigh in and decide how to proceed.

 ?? KEVIN LAMARQUE/REUTERS ?? Attorney General Merrick Garland has spent his tenure trying to shield the Department of Justice from political pressure.
KEVIN LAMARQUE/REUTERS Attorney General Merrick Garland has spent his tenure trying to shield the Department of Justice from political pressure.

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