J OdellAug 15, 2023
Jay Kuo

There’s been much criticism of Merrick Garland for taking as he did to get where we finally are. But I see things a bit differently, based on how his Justice Department laid the groundwork for these new and novel charges against Trump. Read my analysis here:

https://statuskuo.substack.com/p/was-merrick-garlands-approach-correct?sd=pf

Was Merrick Garland’s Approach Correct All Along?

I’m going to say something that might make me a bit unpopular. From where I sit, Attorney General Merrick Garland has taken a logical and reasonable legal path all along. How can I say this, though, given that January 6, 2021 is now more than two and a half years behind us, and ex-president Trump was only just this month charged with federal crimes such as obstruction of Congress and conspiracy?

The Status Kuo
Aug 10, 2023 at 4:13pmWeb
Show threadT Y BeaulieuAug 10, 2023
@jaykuo
I saw constant complaining from media folks and I kept thinking, do you want it fast or do you want it right
✌️😎👍
Show threadMs. MissyAug 10, 2023
@jaykuo I understand the argument but are we sure that having precedent set and the legal concepts defined wasn't just a side benefit to Garland dragging his feet rather than a purposeful plan, knowing precedent would be set and legal terms would be better defined after he dragged his feet? Hm.
Show threadMaryPotAug 10, 2023

@MsMissy @jaykuo

I doubt it. Garland seems to have thought this through quite thoroughly. They wouldn't have kept 45 on ice for so long if there weren't a realization of the stakes and a plan to minimize the risk of him getting off scott free.

Show threadPamela EhnAug 16, 2023
@MsMissy @jaykuo no. God no. You’ve never had a lawsuit bogged down in court for years and it shows. Criminal cases can take up to five years to get to trial. If anything, Garland and the DOJ has been moving at lightning speed. And the question still remains: do you want it fast or do you want it right? The worst thing that could happen is a sloppy prosecution because that will result in an acquittal, the worst possible outcome. An acquittal would render Trump et al. untouchable.
Show threadBrooklynMan (in exile) 🏳️‍🌈Aug 10, 2023
@jaykuo just because Jack Smith managed to find a way to make it work and certain other situations happened to have favorable outcomes in the meantime doesn’t make it ok that Garland dragged his ass. Justice delayed is justice denied.
Show threadJ OdellAug 15, 2023
@brooklynman @jaykuo Smith is irrelevant here. This is article is about MG getting law settled via rioters cases so when they got to Trump and Co, getting convictions overturned on appeal will now be a lot harder.
Show threadPamela EhnAug 16, 2023
@brooklynman @jaykuo there was no ass dragging. Prosecuting the small fry first and getting them to flip is the traditional way to take down a cartel, and Trump and co. are a cartel.
Show threadsonicsean89Aug 10, 2023
@jaykuo in order to convict anyone you need to have all the proverbial ducks in a row. Amplify that by the fact that the DOJ is going after a huge political figure who is running for President next year, and has already called this a "witch hunt" and yeah I'm not upset it's taken this long. Lord knows if he gets acquitted on a technicality the Trumpers will go off.
Show threadElizabeth AlcinoeAug 10, 2023
@jaykuo Thank you for this very clear, carefully laid out analysis. It completely changed my mind about what I thought was unnecessary delay. I can see the importance of establishing the meaning of the statute with all those little cases in order to make it less likely that the biggest will fail.
Show threadPam LeittermanAug 10, 2023
@jaykuo FYI, @Teri_Kanefield , @emptywheel , and @MuellerSheWrote have been saying this for a long, long time.
Show threadCDunnAug 10, 2023

@jaykuo
It would be a lot better for the country if it were the summer of 2022 or 2021.

It may be true that it was not possible to do it faster, but that may lead to future histories stating that American democracy was doomed by its inability to deal with an demagogue who was willing to exploit the Byzantine weaknesses of the constitution and system of justice

Show threadPamela EhnAug 16, 2023
@CDunnPasadena @jaykuo no. That’s a feature, not a bug. You don’t want to make it super easy to prosecute defendants (most of whom are already at a disadvantage). We already have 2 million Americans locked up, many of whom don’t need to be there. If we make it even easier to prosecute people, how many prisons are we going to have to build?
Show threadSquare Four FoursAug 10, 2023
@jaykuo I won't give Garland any credit at all until the chief insurrectionist is convicted, in prison, and banned from the election per the 14th Amendment, Section 3. Trump has weaseled out of consequences his whole damn life, caution demands that I don't assume he'll be stopped now.
Show threadMarthaAug 10, 2023
@jaykuo
I have always believed that Garland knew what he was doing. Those fools screaming for immediate trials had no idea of the details that would be required to bring a case against Trump that would succeed in a court of law.
Show threadHolger FialloAug 10, 2023
@jaykuo DOJ did not had a pair of balls so they gave it to what his name. Why? People will complain about DOJ been mean to Trump. People will complain about what his name doing the DOJ jobs. AG show that he was scare about what so call GOP would think. Poor excuse of AG. If you think he was guilty you do the job and not give it to someone els.
Show threadPamela EhnAug 16, 2023
@HolgerFiallo @jaykuo he did it so 1. the prosecution could be hurried up, and 2. so it would not look like he was playing politics. Giving the case to Jack Smith was a genius move.
Show threadHolger FialloAug 16, 2023
@cadenza Playing politics? He is going to be accused one way or another. How many millions are spends now? AG job and DOJ. The AG when Bill had the issue with Monica was accused one way or another. How many millions were waisted there? If the president appoint someone to be AG they should had the balls to say screw it, "I am going to be accused one way or another".
Show threadPamela EhnAug 16, 2023
@HolgerFiallo except I think that is exactly what Garland did. Garland runs the DOJ. It is not necessary for him to personally run every single prosecution, and not even possible. Thousands of prosecutions related to J6 have already been prosecuted. He got Jack Smith, who successfully prosecuted other world leaders for war crimes, to expedite things. I don’t think we would have seen such speedy indictments had Garland personally run the prosecutions. He got the best man for the job and let the least off.
Show threadSteve HerseyAug 10, 2023
@jaykuo
@Teri_Kanefield
This analysis puts a whole 'nother light on Merrick Garland's "slowness."
I have a few adjectives to recommend in place of "slow;" "methodically implacable," "inexorable," and "carefully strategic" come to mind.
These folks are extremely professional. They're playing for keeps, making sure they can make their one shot at this perfect.
Show threadCraig McgeeAug 15, 2023
@jaykuo to be fair, i was moaning a bit that things were taking too long, not shrieking with rage, but more moaning, but with hindsite I see that it was better for things to be done thoroughly.
Show threadLukeAntonAug 16, 2023

@jaykuo

"I want to emphasize that the Justice Department didn’t even have this important piece of the puzzle until April 7, 2023. But it is a crucial one, arrived at after scores of tests by defendants in the D.C. district courts."

We all know the machine is a capable one and usually works, but this article gives the how to of how it can work under intelligent and capable people. Thank you for the thoughtful article, Jay.

Show threadDohNutAug 16, 2023
@jaykuo Garland may have needed time to assess who was who at DOJ after the Trump crowd tried to load the dept with Trump symps.
Show threadCDunnAug 16, 2023
@jaykuo while it may be true that DOJ could not have acted any faster than they did, that does not mean that they have acted quickly enough. If it were the summer of 2022 or 2021, it would be a lot better for the country. I hope trump is resoundingly defeated in the primaries