San Francisco Chronicle - (Sunday)
Riot inquiry pressures Garland
WASHINGTON — Lawmakers investigating the Jan. 6, 2021, attack on the 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.
Former 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, D-Va.
“We are upholding our responsibility. The Department of Justice must do the same,” echoed Rep. Adam Schiff, D-Burbank.
Their rhetoric, focused last 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.
Panel members see the case they are building against Trump and his allies as a once-in-ageneration circumstance. If it’s not fully prosecuted, they say, it could set a dangerous precedent that threatens the foundations of American democracy. The lawmakers appear certain to send a criminal referral to the Justice Department.
Attorney General Merrick Garland faces daunting decisions over criminal charges related to the Jan. 6, 2021, Capitol riot.
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.”
“The Department of Justice is entrusted with defending our Constitution,” Rep. Liz Cheney, the Republican committee chair, said at a hearing last week. “Department leadership should not apply any doctrine of immunity that might block Congress from fully uncovering and addressing the causes of the January 6 attack.”
While the majority of committee members have turned up the pressure on Garland, one member has not gone as far. “I feel strongly that we restore the tradition of respect for the independence of the law enforcement function,” said Rep. Jamie Raskin, D-Md.
“Attorney General Garland is my constituent,” Raskin added. “And I don’t beat up on my constituents.”