Garland Faces Mounting Criticism Over Trump Investigation Decisions

Jan. 11, 2025, 5:31 pm ET

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  • Attorney General Merrick Garland faces intense criticism from both sides for his handling of investigations into President-elect Donald Trump.
  • Trump’s attorneys have asked Garland to remove special counsel Jack Smith and halt the release of Smith’s report on Trump’s investigations.
  • Garland’s decisions are under scrutiny, with some arguing he has been too cautious, while others see his actions as overly aggressive.

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Essential Context

Attorney General Merrick Garland is at the center of a storm over his management of investigations involving President-elect Donald Trump. Garland’s actions have drawn fire from both Trump supporters and critics of the president-elect.

Core Players

  • Merrick Garland – U.S. Attorney General
  • Donald Trump – President-elect of the United States
  • Jack Smith – Special Counsel investigating Trump
  • Todd Blanche and Emile Bove – Trump’s defense attorneys and future Justice Department officials

Key Numbers

  • 2020: Year of the presidential election that Trump is alleged to have attempted to overturn.
  • 2021: Year Trump left office and was accused of unlawfully retaining sensitive government records.
  • July 2024: Month a federal judge in Florida dismissed the classified documents case against Trump.
  • January 2025: Month special counsel Jack Smith is set to complete his final report.

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The Catalyst

Garland’s troubles stem from his handling of special counsel Jack Smith’s investigations into Trump. Smith has been leading two major probes: one into Trump’s alleged attempts to resist the peaceful transfer of power and overturn the 2020 presidential election, and another into accusations that Trump unlawfully retained sensitive government records after leaving office in 2021.

Trump’s attorneys have argued that Smith does not have the legal authority to submit a final report and have urged Garland to remove Smith from his post and either decline to release the report or hand it over to Trump’s incoming administration.

Inside Forces

The Justice Department has faced internal and external pressures. Garland has been criticized for not acting swiftly enough in prosecuting Trump, while others argue that his caution has been necessary given the sensitive nature of the cases. Trump’s defense team, which includes future Justice Department officials Todd Blanche and Emile Bove, has been vocal in their objections to Smith’s report and the process surrounding it.

Power Dynamics

Garland’s decisions are influenced by the political landscape. His pledge to publicly release all special counsel reports has put him at odds with Trump’s team, who argue that releasing the report now would be improper given the ongoing appeal in the classified documents case. The Justice Department, however, has maintained that Garland has the authority to release the report and intends to do so.

Outside Impact

The broader implications of Garland’s decisions are significant. The release of Smith’s report could impact public opinion and potentially affect ongoing legal proceedings. Trump’s allies, including former codefendants Walt Nauta and Carlos de Oliveira, have sought to block the report’s release, arguing it would prejudice their cases.

The Justice Department has urged a federal appeals court to allow the partial release of Smith’s report, specifically the volume related to the 2020 presidential election investigation.

Future Forces

Looking ahead, the resolution of these investigations and the release of Smith’s report will set important precedents. If Garland proceeds with the release, it will likely be seen as a commitment to transparency. However, if the report is delayed or handed over to Trump’s administration, it could raise questions about the independence of the Justice Department.

The timeline for these developments is crucial, with Smith expected to complete his report before Trump’s inauguration and subsequently resign.

Data Points

  • 2020 Presidential Election: The focal point of one of the investigations led by Jack Smith.
  • July 2024: A federal judge in Florida dismissed the classified documents case against Trump, a decision the Justice Department is appealing.
  • January 2025: The expected completion month of Smith’s final report.
  • 11th Circuit Court of Appeals: The court where the Justice Department has urged the release of part of Smith’s report.

The ongoing saga surrounding Garland, Smith, and Trump underscores the complex and often contentious nature of high-profile investigations. As the situation unfolds, it will be crucial to watch how these events shape the legal and political landscape in the United States.