Opinion - Hold Merrick Garland and Mitch McConnell accountable for Trump 2.0

"These are the moments that test the spirit." This famous line, penned by Thomas Paine in December 1776, encouraged colonial forces to persevere during the Revolutionary War, culminating in the unexpected strike on Trenton. The phrase resonates today, as America faces turbulent times under a second Trump administration.

The nation is confronting an unstable economy, federal troops stationed in domestic cities, a Justice Department seemingly targeting Trumps adversaries, controversial military actions abroad, widespread presidential pardons, Congress yielding to executive authority, and deep political divisions. Modern Americans might simply ask, How did this happen?

Some critics argue that the situation could have been avoided if former President Joe Biden had exited the race earlier, if Democrats had conducted a true national primary instead of quickly endorsing Kamala Harris, or if Harris had chosen a different running mate or prioritized economic issues over political concerns. While these points hold some merit, a new book contends that the root cause lies elsewhere.

Investigative journalists Carol Leonnig and Aaron C. Davis, in Injustice: How Politics and Fear Undermined the Justice Department, assert that the main reason Trump regained power was Bidens appointment of Merrick Garland as attorney general. They argue that Garland repeatedly failed to hold Trump accountable, seemingly paralyzed by fear of appearing partisan.

During the 2024 campaign, Trump faced 91 felony charges across multiple jurisdictions. Although he was convicted on 34 counts in New York, Garland did not pursue broader accountability, even after Trump incited the January 6 Capitol attack. Leonnig and Davis suggest that Garland missed a crucial opportunity immediately following the insurrection to act decisively against Trump.

Moreover, Garlands delays extended beyond January 6. When the National Archives flagged the removal of sensitive documents to Mar-a-Lago in February 2022, the Justice Department did not respond until August. The case was filed in Florida rather than Washington, leading to dismissal by Trump-appointed Judge Aileen Cannon. Leonnig and Davis argue that timely and firm action from Garland might have prevented Trumps second term.

However, Garland is not the sole figure responsible. Former Senate Majority Leader Mitch McConnell also played a critical role. In February 2021, seven Republicans joined Democrats in voting to convict Trump for his involvement in January 6. McConnell was not among them. Had he rallied additional Republican support, Trump could have been impeached, barred from future office, and subject to prosecution without immunity. Yet, McConnell, like Garland, refrained from decisive action.

In conclusion, the return of Trump to the presidency can be traced to failures by both Merrick Garland and Mitch McConnell, whose inaction allowed political and legal accountability to slip away.

Author: Gavin Porter