Millions of people across the country are growing frustrated and angry about Attorney General Merrick Garland and the U.S. Justice Department’s apparent lack of action to investigate or prosecute Donald Trump and his inner circle, that in plain sight planned the failed coup and Jan. 6 insurrection that would have prevented the peaceful transfer of power after a presidential election for the first time in American history.
In considering a case involving right-wing legal scholar and Trump coup architect John Eastman’s attempt to shield his emails from House investigators, U.S. District Court Judge David Carter of Central California found that Donald Trump most likely committed crimes in his attempt to overturn the 2020 election.
A recent New York Times story revealed that President Biden, too, is frustrated with Attorney General Garland. Biden was quoted as saying that he wanted the attorney general to act less like a ponderous judge, and more like a prosecutor who is willing to take decisive action over the events of Jan. 6. Between The Lines’ Scott Harris spoke with John Bonifaz, co-founder and president of the group Free Speech For People. Here, Bonifaz explains why he is calling for the resignation of Attorney General Merrick Garland for his inaction in investigating and prosecuting former President Trump for his failed Jan. 6 coup attempt.
JOHN BONIFAZ: Well, I think we’re in an existential crisis for our democracy. And the question is whether those who engaged in the insurrection on Jan. 6 at the highest level will be held accountable or whether they will not — and whether Donald Trump and his associates are going to be held accountable for all other federal crimes they may have committed during the past several years.
This is a critical question for the rule of law and for the principles of our democracy. And I’m very concerned, as we all are at Free Speech for People, that the Justice Department is not currently being led by someone who is up for the job. Merrick Garland has had a long career as a federal prosecutor, as a federal judge. But at this moment, in this time and at this crucial moment in history, we do not believe that he should remain as attorney general. And we’ve called for his resignation some months ago because of the fact there’s been no indication that he’s ready to uphold his responsibility to apply the rule of law evenly and fairly to anyone, including a former president of the United States.
And where we are now, going into this new election year, is the question of really whether the Justice Department has continued to drag its feet and not hold this former president accountable.
But beyond that, there’s the question of whether election officials all across the country who have a responsibility to determine whether or not people seeking to be on their ballot are qualified based on all the constitutional qualifications that are required, you know, whether they’re going to apply that mandate with respect to Section 3 of the 14th Amendment, which makes clear that if you’ve taken an oath of office to defend the Constitution, and then you turn around and engage in insurrection, you are forever barred from holding public office again. There are a number of people seeking to be on the 2022 ballot who are in that category of having taken oath of office to defend our Constitution and then engaged in the Jan. 6 insurrection, and they must be barred from the 2022 ballot. And Donald Trump, if he seeks to run for president again, must be barred from the 2024 ballot.
SCOTT HARRIS: John, what specific steps would you like to see Attorney General Merrick Garland take to restore faith of many people around the country that steps are being taken to hold those former administration officials, including Donald Trump himself, for the crimes that they’ve most likely committed here?
JOHN BONIFAZ: Well, what we called for right when he assumed office as attorney general, Merrick Garland, what we called for was an independent task force that would be established at the Justice Department to investigate all federal crimes that Donald Trump and his associates have committed.
Now, if, in fact, you know, there’s this mystery out there that somehow they’ve been doing that and that’s not yet public, he ought to make that public. He ought to respond to these concerns that have now reached the front page of New York Times and that are everywhere in terms of a discussion of the Justice Department and say, “You know, we actually have been at it. We’ve been involved in investigating the president and his associates for all federal crimes they’ve committed.” Doesn’t have to say where he’s going with it right now. But just saying that would, I think, establish some trust that in fact, he’s on the case.
But all we’re left with is these general, you know, vague notions that he’ll take the facts and the law wherever it may lead. And yet, you know, we’re a year-plus after the insurrection. We have a threat to our republic whose in the name of Donald Trump, presuming to try to run for president again and there’s no accountability whatsoever for what he just did on Jan. 6. So I think that would be step one. But I do think he needs to reopen the investigation and the U.S. Attorney’s Office, Southern District of New York, and make clear that Individual One who was named as that in the indictment, will be prosecuted.
He needs to open and make clear there’s an investigation of what Donald Trump did with the secretary of state of Georgia in trying to overturn the results there. You know, he has to make clear that he’s investigating the tax fraud that has occurred that the Manhattan district attorney has refused to prosecute, despite two veteran prosecutors being ready to issue an indictment. So they’re not just state tax questions. Those are federal tax questions at stake. And the Justice Department has the power to prosecute federal tax fraud. So there’s a lot that he could be doing to to showcase that he’s on the case and that he’s going to be the attorney general regardless of where the chips may fall. He’s going to enforce the law against everyone, including the former president.
But so far, he’s been showing that he’s not that attorney general. And I think if he’s not capable of doing that, he needs to step aside and have somebody else who is able to meet this moment in history.
Listen to Scott Harris’ in-depth interview with John Bonifaz (19:00) and see more articles and opinion pieces in the Related Links section of this page.
For more information, visit Free Speech For People at freespeechforpeople.
