Opinion by Jennifer Rubin: Whether to indict isn’t nearly as hard as how to indict.
that this is the biggest investigation ever undertaken by the Justice Department, he was not exaggerating. The number of cases already brought, the number of witnesses, the number of potential charges and the gravity of the whole thing must be daunting. Garland promised to follow the law and the facts, and will, I am convinced, indict Trump and other senior officials if the facts and law warrant, “without fear of favor” — or concern about Trump’s violent mob.
Does Garland subpoena former vice president Mike Pence? We’ve argued that there is every reason to obtain key evidence from such a critical witness; there is likely no applicable privilege; and it’s not unprecedented even for aregarding his pardon of Richard M. Nixon. On the other hand, if Pence won’t cooperate, it’s not clear Garland wants to spend months litigating against him as well, particularly if they have sufficient evidence from his top aides.
Does Garland allow the first criminal trial against Trump to take place in Georgia state court? In some sense, it’s an advantage to have a straightforward case with a discrete set of facts in front of a Fulton County jury. On the other hand, if District Attorney Fani Willis doesn’t win the case, other prosecutions that might follow would potentially look even weaker. And this raises the next question about how soon Garland might be ready to go forward.
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