Three top legal experts warned in The New York Times that Attorney General Merrick Garland might let Donald Trump get away with inciting the Jan. 6 insurrection.
Legendary Harvard Law professor emeritus Laurence Tribe — who taught Garland constitutional law — wrote the warning with former Deputy Attorney General Donald Ayer and former federal prosecutor Dennis Aftergut.
"Mr. Garland’s success depends on ensuring that the rule of law endures. That means dissuading future coup plotters by holding the leaders of the insurrection fully accountable for their attempt to overthrow the government. But he cannot do so without a robust criminal investigation of those at the top, from the people who planned, assisted or funded the attempt to overturn the Electoral College vote to those who organized or encouraged the mob attack on the Capitol. To begin with, he might focus on Mark Meadows, Steve Bannon, Rudy Giuliani, John Eastman and even Donald Trump — all of whom were involved, in one way or another, in the events leading up to the attack," the attorneys wrote.
They argued it is important for the Department of Justice to focus on those at the top of the conspiracy to overturn the election results.
"The legal path to investigate the leaders of the coup attempt is clear. The criminal code prohibits inciting an insurrection or 'giving aid or comfort' to those who do, as well as conspiracy to forcibly 'prevent, hinder or delay the execution of any law of the United States.' The code also makes it a crime to corruptly impede any official proceeding or deprive citizens of their constitutional right to vote," they wrote. "Based purely on what we know today from news reports and the steady stream of revelations coming from the House select committee investigating the attack, the attorney general has a powerful justification for a robust and forceful investigation into the former president and his inner circle."
Garland's failure could result in a successful insurrection.
"Without forceful action to hold the wrongdoers to account, we will likely not resist what some retired generals see as a march to another insurrection in 2024 if Mr. Trump or another demagogue loses," they wrote. "Throughout his public life, Mr. Garland has been a highly principled public servant focused on doing the right thing. But only by holding the leaders of the Jan. 6 insurrection — all of them — to account can he secure the future and teach the next generation that no one is above the law. If he has not done so already, we implore the attorney general to step up to that task."
Read the full analysis.
IN OTHER NEWS: Capitol riot committee is playing 'hardball' with Jim Jordan -- and he's 'earned' it: CNN's Elie Honig