The Failure of Merrick Garland to Investigate and Indict Trump

As Donald Trump prepares to be sworn in as the 47th President of the United States on January 20, 2025, the actions—or lack thereof—of Attorney General Merrick Garland have come under intense scrutiny. While it is important to recognize that approximately 277 rioters have been sentenced to prison for their roles in the January 6, 2021, Capitol attack, many argue that Garland’s failure to investigate and indict Trump represents a significant lapse in accountability. This retrospective examines what Garland should have done early in his tenure to uphold the rule of law and restore public trust in the justice system.

Missed Opportunities for Legal Action

Garland had several key opportunities to pursue legal action against Trump during his early tenure. The findings of the House Select Committee investigating January 6 provided substantial evidence of Trump's involvement in inciting the insurrection. Garland could have initiated investigations based on these findings, signaling a commitment to holding all individuals accountable, regardless of their political status.

Despite the successful prosecutions of lower-level participants in the riot, the decision not to target Trump and his inner circle has raised questions about the DOJ's commitment to accountability. By failing to act on these legal avenues, Garland allowed Trump to maintain his narrative of victimhood, crucial for galvanizing his base and shaping his political comeback.

Setting a Dangerous Precedent

The lack of action against Trump sets a troubling precedent for future administrations. When political leaders are not held accountable for actions that undermine democracy, it erodes public trust in the justice system. Garland’s inaction may embolden other political figures to engage in similar behavior without fear of consequences, further destabilizing the political landscape.

The perception that the DOJ is unwilling or unable to hold powerful individuals accountable can diminish faith in democratic institutions. Citizens may begin to question whether justice is served impartially, undermining the foundational principle that no one is above the law.

Implications for the Future of Justice

Garland’s failure to investigate and indict Trump not only impacts the current political landscape but also has lasting implications for the future of justice in America. As Trump prepares to assume office again, the absence of accountability may embolden him and his supporters to challenge democratic norms further.

The DOJ's credibility hangs in the balance. Without a clear commitment to upholding the rule of law, the agency risks losing public confidence in its ability to serve as a check on political power. This erosion of trust could have repercussions for future administrations, making it increasingly difficult to ensure accountability for actions that threaten democracy.

Conclusion

Merrick Garland’s failure to investigate and indict Donald Trump represents a critical missed opportunity for accountability at a pivotal moment in American history. While the DOJ has successfully prosecuted many rioters, the lack of action against the key figure behind the insurrection raises serious concerns about the agency's integrity.

Garland’s legacy will be defined not only by what he did during his tenure but also by what he failed to do when the opportunity for justice was at its peak. The need for accountability remains urgent, and the consequences of inaction will reverberate through the political landscape for years to come.