'Copious' evidence of Trump's criminality still may not force Merrick Garland to act: former prosecutor

Former prosecutor and Los Angeles Times legal analyst Harry Litman explained Monday that Attorney General Merrick Garland has all of the evidence about the January 6th MAGA riots that the House Select Committee investigating the riots has.

What's more, Litman thinks that Garland likely has much more information than what the committee possesses.

MSNBC's Nicolle Wallace addressed the decisions that the J6 committee is weighing about whether or not to issue a criminal referral for former President Donald Trump. They've made it clear that they have the evidence to prove that he was responsible and could be held accountable.

As Litman noted, there is a kind of gravity and drama to the referral that could go along with Judge David Carter, who announced in a court ruling that Trump and lawyer John Eastman were more likely than not culpable in crimes. What is different is that former special counsel Robert Mueller didn't make any conclusions in his report that involved Trump, which allowed Trump to manipulate it for his own ends.

"This is a genuine, nuanced judgment call, not a political rift in the committee," said Litman. "If you do it, it puts pressure on Garland. He probably could disregard it, but it will give a rise to charges of politicization if he does pull the trigger."

Regardless of what the J6 committee decides to do it will be seen as political, particularly by Trump's supporters. The same could be said for Garland if he follows recommendations from the committee or if he makes his own call, it will be treated as political by Trump and his allies.

Wallace said that Rep. Liz Cheney (R-WY) likely wouldn't have quoted the statute the way that she did if she didn't believe that there were crimes that had been committed that Trump should be charged with.

"Yes, the very statute she read is exactly — it is clear. It is clear at this point they have the evidence and of intent," Litman agreed. "It doesn't matter if he didn't know that it was unlawful. But the evidence is copious that he did know. What the decision will turn on is not the evidence, but... actors having to do with — is this the right thing to do for the country. ....The only reason to do it is to make a statement as the committee as the culmination, 'Hey, we are not just giving you the information. Trump committed crimes here.' But it won't influence Garland."

Watch below:

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