Anonymous wrote:I’ve been concerned about Garland and how aggressively he will move beyond the Jan. 6 operatives.
We think of Garland as relatively pure and principled because of his documented moderate record, his selection as the SCOTUS nominee most acceptable to Republicans, and now his determination to show DOJ is apolitical.
I have a bit different perspective, having worked in the Federal courts and seen Garland’s service to the Third Branch. As DC Circuit Chief Judge Garland was very friendly with now-Justice Kavanaugh in particular. There was something of a “circle the wagons” effort to be sure people tied into the Circuit stepped up and testified for Kavanaugh at his hearing. At the same time, Chief Justice Roberts specifically selected Garland to serve as Chair of the Executive Committee of the Judicial Conference. That means Garland represented the Judicial Branch in its policymaking function, including outreach to Congress. The Judiciary’s determination to keep hands off how it treats Chambers clerks, other employees, and judges determination of their own conflicts of interest? The Judicial Branch’s commitment to maintaining the fee-generating PACER system as is? The commitment to protecting the branch’s sole authority to address judicial misconduct? All those things were under Garland’s purview, by Chief Justice Roberts’s specific choice.
That doesn’t happen unless the Chief Justice is confident that Garland won’t give up the Family Jewels. So why was the Chief Justice so confident? Why was he so trusted? And what does that mean for now-AG Garland’s willingness to prosecute not just people who stormed Capitol, but the GOP politicians, Trump WH officials, and others who seem to have planned the ongoing efforts to execute a coup d’etat? Will Chief Justice Roberts’s trusted colleague prosecute those very important people?
Taking as your premise that Roberts showed a lot of confidence in Garland, I have an alternate interpretation.
While a conservative, Roberts is first and foremost an institutionalist. As such, he trusted Garland's adherence to the laws, norms, and traditions of good government and effectiveness in carrying out his duties. I don't understand the panic and suspicion about Garland's leadership. The priority has to be exposing the entire conspiracy-- especially the actions of those at the top, including those in the WH, DoJ, DoD, Congress, DHS, etc.-- and building an airtight case against them. Our democracy depends on doing this right.
What we've seen is the arrest of the little guys, then the bigger guys, with increasingly serious charges. There have been no leaks about the investigation, which is what I would expect when going after the big targets. To nail them, you have to have public support. We've seen in the past that a steady drip of revelations and bad actions only creates a din that the public tunes out and the right wing media ignores. When the cases are ready, I expect blockbuster reveals that will shock and hold the attention of the public.