Several Democratic lawmakers are attributing Donald Trump's 2024 election victory to Attorney General Merrick Garland's perceived inaction in investigating the former president. They argue that Garland's delayed investigation into Trump's alleged attempts to overturn the 2020 election results paved the way for his return to the presidency.
Garland appointed Special Counsel Jack Smith in 2022 to investigate these allegations, citing Trump's 2024 presidential bid as the impetus for the investigation. However, some Democrats believe the findings of the January 6th committee provided sufficient grounds for an earlier investigation. Representative Jerrold Nadler (D-NY) criticized Garland for not acting sooner, stating the evidence was available from the outset and suggesting an earlier prosecution could have altered the 2024 election outcome. He accused Garland of wasting a year.
Other prominent Democrats echoed Nadler's sentiments. Representative Zoe Lofgren (D-CA), a member of the January 6th committee, expressed surprise that the Justice Department hadn't taken a broader view of the situation earlier. Senator Adam Schiff (D-CA) was more pointed in his criticism, stating the DOJ's swift action against those who stormed the Capitol building contrasted sharply with their delayed investigation of higher-level individuals, a delay he deemed a "fatal mistake." Senator Tina Smith (D-MN) voiced concerns about Garland's emphasis on procedural thoroughness and avoiding political interference, fearing that Trump's potential pardons would further obscure the events of January 6th.
Even President Biden reportedly expressed regret over his choice of Garland as Attorney General, sharing the belief that a more aggressive approach to prosecuting Trump was needed. However, some Democrats offered a different perspective, attributing Trump's success to his ability to reshape the narrative surrounding January 6th rather than solely blaming the DOJ. Senator Peter Welch (D-VT) argued that Trump's validation of those who attacked the Capitol was the key factor, regardless of the timing of any DOJ investigation.
Special Counsel Smith is expected to submit a report to the Justice Department outlining his findings and recommendations before Trump's second inauguration. However, established DOJ policy against charging a sitting president presents a further complication.
