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Garland will indict Trump IF …

Garland will indict Trump IF …

There is a lot of speculation floating around the politi-sphere on the question of a possible criminal indictment of President Trump by Attorney General Merrick Garland.  Democrats are openly frustrated that he has not done so already – or at least launched investigations.

Those on the left – and especially the members of Speaker Pelosi’s one-sided Select Committee – are claiming that there is sufficient evidence for Trump to be convicted on several charges.  For months, the Committee has been presenting its 100 percent prosecutorial case for the benefit of a friendly press.  

Since the Committee has no power to indict anyone, they are proffering their preconceived opinions in the court-of-public-opinion where fairness, rules-of-evidence, and even the rule-of-law does not exist.   It is a fully political process with a political goal – to defeat Republicans in the upcoming 2022 and 2024 elections.

As much as a loyal Democrat Garland may be – and as angry as he may be at Republicans for denying him a seat on the Supreme Court – he is still constrained by the rule-of-law. He must weigh the evidence and the prospect of gaining a conviction.  And that is where the rubber hits the road.

After a year and a half of accusations of criminal conduct against Trump by those on the political left – Democrats and the media – and after months of phony “hearings,” there is very little for Garland to deal with in terms of indictable crimes.  There may be a few on the periphery for others, but very little to support the prosecutorial accusations of the Select Committee and those in the echo chamber.

Let’s face it.  Trump is not a very nice person – in my opinion.  Despite many of his administration’s policies that have pleased conservatives and much of the public – and have been good for the nation — the man’s pugnacious and humorless personality has been damaging to the Republican Party and national civility.  Most Americans do not want him in the White House in the future (including me).  But a personal preference does not constitute criminality.  Trump can be accused of bad behavior, but bad behavior is not a crime.  That is the distinction Garland has to consider.

So …  how much of the political fodder produced by the Select Committee rises to actionable evidence of crimes by Trump or others?  What is their hard evidence that would stand up in court?  There is a lot less then one might think if they have been taking their information from the grandiose and self-congratulatory statements of the members of the Committee and the regurgitation by the left-leaning media.

Garland faces two challenges.  The initial “evidence” must be sufficiently credible to warrant an indictment – and sufficiently credible to convince 12 Americans to convict beyond all reasonable doubt.  That becomes a lot tougher when the defense has an opportunity to bring evidence, call witnesses and cross examine the prosecution case.

Garland is far more limited in the witnesses and evidence he can bring into court.  Very few of those interviewed by the Committee – and who provided seemingly damning evidence – will never be called by Garland.  A lot of it was hearsay testimony – not allowed in a court-of-law.  Rumors.  Opinions.

All that bad behavior will never be seen in a serious case.  The Committee presented Trump’s wanting to go to Capitol Hill – and his alleged confrontation with the security detail – as hard evidence of his intent to commit the crime of sedition.  Rumors are not evidence.  Some say it did not happen.  Some say it did.  But in either case, it is not a crime.  Some legal nitwits say that placing his hand on the driver’s clavicle is battery.  Try to get that one past the laughter.

The claim that Trump was locked away in his White House private dining room watching the events unfold on television and was “gleeful” goes nowhere in a court-of-law.  Even if that was irresponsible, it is not criminal – and any testimony that Trump was “gleeful” would be shot down like a clay pigeon as mere opinion.

The fact that a number of family, friends and staffers urged Trump to move more quickly to stop the rioting – and he did not — makes Trump guilty of poor judgment.  But that is not a crime.

The big claim is that Trump ordered armed demonstrators to Capitol Hill to violently stop the certification of the Electoral College vote count for the purpose of overthrowing the legitimate government in order to install himself as president-for-life.  Nothing the Committee has presented thus far comes even close to proving that case in a court-of-law.

The obsessive Trump haters will not have the free ride in a court of law that they got from that biased Committee.  Because it is one-sided, it has no credibility.  You can blame that on Pelosi for abusing her power and rejecting specific Republican members of Congress appointed by House Minority Leader McCarthy – and on McCarthy for not assigning legitimate Republicans to the Committee after Pelosi improperly rejected his initial choices.  In previous commentaries, I have criticized both for those actions.  Regardless, the result is a Committee that is one-sided and biased — and cannot be trusted to produce real evidence.

Now that the midterm election is drawing near, it is less likely that the Department of Justice will announce an investigation of the events of January 6, 2021.  While Trump is not on the ballot, a number of others targeted by the Democrats and the media are running for offices in various states.

You can bet that the Select Committee will not be honoring any such tradition.  They are likely to hold their highly promoted prosecutorial reality show right up until election day.

At this juncture, I do not believe Garland has enough to prosecute Trump.  A few of the secondary players may be in some legal jeopardy over the creation of those fake electors.  But for the most part, I expect those on the left to be bitterly disappointed in their Attorney General.  But as the saying goes … you cannot make a silk purse out of a sow’s ear.  And that is what the Pelosi Committee is delivering to Garland.

So, there ‘tis.

About The Author

Larry Horist

So,there‘tis… The opinions, perspectives and analyses of Larry Horist Larry Horist is a businessman, conservative writer and political strategist with an extensive background in economics and public policy. Clients of his consulting firm have included such conservative icons as Steve Forbes and Milton Friedman. He has served as a consultant to the Nixon White House and travelled the country as a spokesman for President Reagan’s economic reforms. He has testified as an expert witness before numerous legislative bodies, including the U. S. Congress. Horist has lectured and taught courses at numerous colleges and universities, including Harvard, Northwestern, DePaul universities, Hope College and his alma mater, Knox College. He has been a guest on hundreds of public affairs talk shows, and hosted his own program, “Chicago In Sight,” on WIND radio. Horist was a one-time candidate for mayor of Chicago and served as Executive Director of the City Club of Chicago, where he led a successful two-year campaign to save the historic Chicago Theatre from the wrecking ball. An award-winning debater, his insightful and sometimes controversial commentaries appear frequently on the editorial pages of newspapers across the nation. He is praised by readers for his style, substance and sense of humor. According to one reader, Horist is the “new Charles Krauthammer.” He is actively semi-retired in Boca Raton, Florida where he devotes his time to writing. So, there ‘tis is Horist’s signature sign off.

35 Comments

  1. john

    k garland shood shoot himself anther swamp creature crook ,

    • Lowell Atchley

      What is your evidence that most Republicans do not want Trump to be our nominee. I cannot find that data.

  2. Robert D Head

    Great commentary, though it leaves out the other glaring injustice that is going on under the current president and AG. That of the Biden Administrations’ treatment of the J6 participants who have been held unlawfully for months on end in deplorable conditions and without equal access to the law. Particularly heinous against the backdrop of zero interest in investigating and prosecuting REAL crimes committed by Antifa, BLM, Hunter Biden, and Joe Biden. Anyone with even half a brain can see this political clown show for what it is but the half of America who voted for Biden are so wrapped in hate, animosity, and Leftist ideology that there is little chance of any fairness actually creeping into the process. Way too much is being read into what Trump actually said and did with respect to January 6 events and the Lefts’ twisting and bending of every potentially damning comment or utterance in the hope that non-Democrats will come around to hate Trump as much as they do is simply laughable.

    • Dawn L Sivert

      Two things, I don’t particularly care for Trump’s personality; but he did do things that were way over due in getting the US , economy, and our world stanting in better line than they were, He got us out of Afganistan (well, kind of until Biden screwed up getting out our people and military equipment, and people that had helped the US out). Since Biden has been in the US has gone to HE…double L, there has been so much looting and violence, people getting off with not even a slap on the hand for violent crimes, running around doing worse stuff than before. Dem states getting rid of police protection, yet the Dems themselves hire protection. That is something that all of the rest of US citizens can do. Biden is over running our country with illegal immigrants, and yet when they were sent to DC the mayor felt that wasn’t right. Send them where the Republicans are! If Trump does get to run again, I hope he is elected to turn this Country back to where it should be. Biden is the one that needs to go to jail, along with Hunter, Although, Joe wouldn’t know where is was, he would think he was still at the White House, or in Deleware in his basement! Why isn’t someone doing something about that? Maybe he should be put in an institution to help him with his “brain fog”! I’m done!

      • Frank stetson

        Yeah, Trump delivers the worst GDP growth since Herbert Hoover. He basically borrowed our way to a better economy with the largest deficit and debt in US history. He not only beat the total debt number, he beat the worst deficits ever as well. And guess who we borrowed from, the Chinese. I don’t know how you could be so fooled, he did the same thing in New Jersey at Atlantic City. He constantly borrows, goes broke, and gets bailed out. It’s our tax money, and iTrimp’s bill came due under Biden’s watch. And what looting and rioting under Joe? Wasn’t that under Trump? Unless of course you’re counting the insurrection on January 6, it was still under Trump.

        Thank you has selective memory loss

        • Ben

          You’re a lying commie bastard

          • Frank stetSoN

            You can say it, you aren’t man enough to prove it.

            I have posted links with statistical sources numeros times. Jfgi.

        • persohn kathy

          There are no none so blind as those who will not see due to bias and hate

    • David Dutra

      That really doesn’t matter right now because some DING-DONG MADE IT SO A SITTING PRESIDENT COULDN’T BE PROSECUTED..I SURE WOULDNT HIRE THIS WRITER IR HIS LEGAL TEAM TO REPRESENT ME…
      IF 9 MINUTES OF FOOTAGE WITH A CHEAP CELL PHONE CAN BE USED AS CREDIBLE EVIDENCE ENOUGH TO GET A DECORATED OFFICER A MURDER CHARGE; MULTIPLE HOURS OF LIVE, UNCUT, UNEDITED, UNREDACTED, UNINTERRUPTED FOOTAGE WITH THE USE OF THE MOST SPHISTICATED AUDIO VIDEO EQUIPMENT ON THE PLANET WITH MILLIONS OF PEOPLE WATCHING IT IN REAL TIME REALLY SHOULD NOT BE ABLE TO BE DISMISSED…

      • KP

        This writer is a creep! He actually said that most Americans don’t want Trump back in the White House! I don’t know who he is talking to or who he is trying to convince but he is DEAD WRING!

      • Carolinadog

        77 years of life experience and simple common sense have led me to two conclusions, there is no rule of law where it is not enforced and there was a coup in 2020. That explains everything that is happening today.

        • Ben

          Really. So you are living in a dictatorship where the election was stolen. And it continues today.

          Sorry, you may not like it, but they followed the rule of law and if you don’t like it, take it to court like the brave Sandy Hook parents did to take down Alex Jones.

          You bitch about what’s happening, well, sorry again, but Trump has the document inventory list, he can legally release it, so that explains there is something happening today that the Great Grifter does not want you to know. He can always plead the fifth like any mob boss. Oh wait, he did. 450 times a mob boss.

          But I do agree. You have “simple common sense.” And there is no rule of law where it is not enforced. We are rectifying that, sit back and enjoy our progress in following the rule of law right up to and inside Trump’s door.

  3. Frank stetson

    Larry makes some good points especially that trumps dereliction of duty and failure to uphold his oath of office probably not criminal offenses. They would fall into the area of impeachment and if I was Mitch McConnell I would do this ASAP just to be done with it all once and for all.

    In terms of criminal, I am pretty sure Garland will charge someone with something something if McConnell does not act.

    I think Larry’s article sort of gives a hint. That is, it is much longer than usual as he continues to try to white wash over what Trump has done and what fellow Republicans have told us he has done. Yes, much of the testimony we’ve heard thus far would not be used in court. That is not important. What is important is what can be used in court and can Garland draw lines from the crimes we all see to Donald Trump. I believe the committee has outlined seven different parts of the plan and there I would expect to find criminal activity. Tying Trump to it is always the problem, however, every day we move higher up the ladder. As Garland indictes, we will get closer. The committee now will take four weeks off and recommence public hearings in September. Again, if McConnell does not act this thing is going to drag on right through the election. And then, Garland will do something, perhaps not Trump immediately , but pretty damned close.

  4. Americafirst

    No, it doesn’t matter. All the J6 is doing is trying to take down a man they hate. They are not conducting a legal court to indict Trump for. This is going to come back to bite them which may end up with THEM in prison for Crimes against Humanity. You see, we are not under the Constitution of the United States anymore, which they think we are. They are in a corporation, not a Republic or even democracy. We are a Republic, not a Democracy. Washington DC is dead. There is very little left open in DC. All the members in Senate and Congress plus the so-called POTUS, FLOTUS and administration are all illegal. There is no more Constitution of the United States. We are all under Martial Law, or military control and have been since 2020 which most people did not know. The Military is running the United States and Donald J Trump is Commander in Chief, not fake Joe Biden. The Military re-inaugurated Trump back on March 18, 2020, as President of the United States. Fake Biden is president (small p) of a corporation that no longer exists. All orders and Executive Orders from Biden are fake. Ahen Trump was President, he signed EO’s and we could see the EO as he signed it, then he held it up for all of us to see. Biden signs a blank piece of paper, and the camera is far away so no one could see that. Joe never held the EO up for us to see and that is due to Biden being a fake and illegitimate president. Obama is calling all the shots for this defunct and Defacto government. Trump will be back soon and the so-called presidency and administration will all be arrested and out of our lives forever. There are great things coming, so cool down, take a couple of deep breaths and live your life with live and gratitude.

    • Perry

      The left is afraid of Trump. They know they are up shit creek WHEN he’s re-elected

      • Frank stetson

        You got that right. It will be four years of revenge politics. What a patriot.

        • Herb

          Damned right. But America would be better off

          • Frank stetson

            Do you really think America would be better off if someone started targeting the other party based on revenge and not the rule of law?

    • Ben

      Sit doen and stand ready. Do the Hawley. Burgers for all. AOC for 2024.

      • Harold blankenship

        Get her on the ballot. We need a bug eyed commie in the White House. She already has the democrat party turned out. Let’s help the bitch finish off the country America’s ship has already sailed

        • Ben

          That’s pretty funny coming from a guy who supports a orange haired orangutan with the biggest fat ass in history. Chump had to buy his wife. Dumb fuck got Whipped by Biden, couldn’t even catch him cheating, , and Turnip is going to get beat by DeSantis too. Even the wimpy Pence is campaigning against him now. Pence will probably scare Turtle out of the race just by saying, He’s going to testify.

          But keep donating your money, it’s money well spent.

          • persohn kathy

            Why are these kind of posts allowed continously if they are against one side and the language is awful. The other side is investigated for reasons that are doubtful

  5. Linc.

    AG Garland should be investigating the sitting president and his hole family. And while at it the speaker of the house.I really don’t believe that will happen.

  6. bob

    The clowns and the one-sided political circus they’re running is nothing but a bad JOKE !!!! The only nitwits paying any attention to it are socialist democrats , Trump haters , brainwashed liberal puppets and sheep and the worthless , trashy , liberal opinion networks !!! Vote ALL Republican in Nov. and show the socialist dems that the millions of taxpayers dollars they spent on their political sham going after President Trump didn’t work !!!!

    • Ben

      Yes, donate to Don’s campaign today. Make Trump Legal Again. Dollars well spent.

  7. JoeyP

    People should be INDICTED on EVIDENCE, NOT politics. Therefore, there IS no EVIDENCE, and NO indictment. One Enlightened Patriot.

    • Moe

      The democrats lie and cheat to make up their own evidence, or copy the North Korean Tribunal style hearings, using hear say as evidence, or like in North Korea as propaganda one party news rolls the carefully cut propaganda film, the accused rioters are brought forth begging for forgiveness before the Tribunal. Reporters of all the propaganda outlets of fake news drool as the arrested beg for forgiveness from the morons in the capital police department. Really, our Global Marxist Democratic Party illegally elected are trying to figure out how to cheat in November mid-terms, maybe monkey pox, will help them order more fake ballots from their employers in red China.

      • Ben

        Fake news North Korean troll

        AOC in 2024.

        • Perry

          Ok. Tell us how that cunt would make America better. And I would never comply with anything that she passed.

  8. Moe

    So do you expect the pompous ass who wrote this hit piece article on Trump will try to publish one on the Biden crime family? Or is just another RINO load?

  9. Frank stetson

    And we have a DOJ criminal investigation probe of Donald J Trump.

    Soon, like Chesapeake crabs, they will all be clawing at each other to get out of the bucket. Bring on the Old Bay!

  10. Ben

    Donate to Don.

    Dollars for Don’s Defense

    Buy the lie.

    Oops, another supporter just got over five years. Get yours now before it’s too late.

  11. Americafirst

    Larry did you take a few steps into the deep state? I wonder. You don’t want Trump back? Well, let me inform you. He IS the President of the United States, having been re-inaugurated March 18, 2020 by the Military and he is also the Commander in Chief. Biden died of a heart attack in 2019 and actors are poorly portraying him now. Trump does not have to campaign for President for 2024 because he is the President and JFK Jr is his VP. Joe Biden? is only the president of the united states corporation, defunct and DeFacto! I am pretty sure that there will not be an election n 2024 as Trump IS back as the 19th President of the United States under the Constitution For the United States, not the DeFacto constitution you think we ae under now. Your speaking out against Trump shows you don’t research or investigate anything. Ever stop to think maybe we feel the same about you as you do about Trump? Trump was a bit brash, but was one of us, acting as so many of us do and that’s why so many of us love him. He didn’t act like a stuck-up snob politician with their noses up in the air. Get real and start doing the right thing because it is the right thing to do and research! Or are you too f’ing lazy?!??!

  12. Frank stetson

    I’m pretty sure he’s getting indicted.

    Or better yet, for all Americans, impeached.

    Better move fast. Time’s a wasting.

  13. Frank stetson

    I should add one more alternative.

    Indict for top secret documents, Presidential Records Act, 1978, precluded from running for office. Let him wither away aftercthat. .