A.G. Merrick Garland memo suggests no federal indictment of Donald Trump before November election
Attorney General Merrick Garland reminded U.S. Department of Justice officials that extra steps are required before action can be taken in politically sensitive cases during the fall election season – and unprecedented charges against a former president would certainly seem to qualify.
Legal analysts said Garland is re-stating a long-standing policy that discourages the announcement of investigations or indictments of major political figures on the cusp of elections because it could be construed as interfering in the election.
In the May 25 memo, Garland:
- Cited policies “governing the opening of criminal and counter-intelligence investigations by the Department, including its law enforcement agencies, related to politically sensitive individuals and entities,” especially during campaigns.
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- Did not specifically mention Trump or any other politician who may be under investigation. Justice Department officials who have charged hundreds of people for storming the U.S. Capitol on Jan. 6, 2021, have never said whether their ongoing investigation touches on Trump specifically.
- Reminded DOJ officials they are subject to the federal Hatch Act, which “generally prohibits Department employees from engaging in partisan political activity while on duty, in a federal facility, or using federal property.”
Takeaways: Garland is reminding prosecutors that they need extra approvals for cases involving political figures.
Also note: The policy deals specifically with the weeks leading up to an election.
What they’re saying:
- Anti-Trump commentators are casting the memo – first reported by MSNBC host Rachel Maddow – as an excuse for inaction against Trump. The Maddow Blog says the memo “doubles down” on the policy of Trump-era Attorney General Bill Barr “against investigating candidates without approval.”
former U.S. Sen. Doug Jones, D-Ala., also a former federal prosecutor, described the Garland guidance as “a re-affirmation of what has been Justice Department policy for a long, long time.”Atlanta-area DA weighing whether to call Trump to testify before grand jury in election fraud probe
Bottom line: The Garland memo tells employees that “we must be particularly sensitive to safeguarding the Department’s reputation for fairness, neutrality, and non-partisanship.”