Democrats have expressed frustration with U.S. Attorney General Merrick Garland for what they perceive as a delayed response in launching an investigation into former President Donald Trump's alleged attempts to overturn the 2020 election results. Garland's decision to appoint Special Counsel Jack Smith in 2022 to lead the investigation came under scrutiny, with some Democrats arguing that the Jan. 6 committee findings should have prompted swifter action.
New York Rep. Jerrold Nadler criticized Garland, stating that the evidence available to the Jan. 6 committee should have been sufficient to initiate prosecutions earlier. Nadler suggested that had the Department of Justice (DOJ) acted promptly, Trump might have faced consequences and the outcome of the 2020 election could have been different.
California Rep. Zoe Lofgren, a member of the Jan. 6 committee, also voiced concerns about the scope of the investigation, indicating that the focus seemed to be primarily on lower-level individuals rather than those at higher levels of responsibility.
Sen. Adam Schiff echoed these sentiments, emphasizing that while the DOJ swiftly addressed the individuals involved in the Capitol breach, there was a significant delay in addressing higher-ranking officials. Schiff described this delay as a critical error on the part of the DOJ.
Sen. Tina Smith expressed apprehension about the potential consequences of the delayed investigation, fearing that Trump could pardon individuals and distort the narrative surrounding the events of Jan. 6.
President Biden reportedly shared similar concerns, regretting his selection of Garland as attorney general and believing that the prosecution of Trump should have been expedited.
Despite the criticism directed at Garland, some Democrats shifted the blame to Trump for manipulating the narrative surrounding the Capitol attack. Sen. Peter Welch emphasized that Trump's ability to rewrite history was a significant factor, regardless of the timing of the DOJ's actions.
Special Counsel Jack Smith is expected to conclude his investigation before Trump's second inauguration on Jan. 20, submitting a report to the DOJ with recommendations for potential prosecutions. However, the longstanding DOJ policy against indicting a sitting president may limit the legal actions that can be taken.
