Did Biden pressure Garland to prosecute Trump?
We found it on tape. President Biden has made it clear that he will use the full power of the United States government to ensure that former President Trump does not become the next president again.
The government’s case will fall even further if Trump’s team can show that the DOJ was acting with selective, premeditated, bias as the 45th president crafted his legal defense to counter special counsel Jack Smith’s crime-fraud waiver strategy and tossed the case. Prosecution methods to target him based on presidential order to achieve the desired result.
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But, first, here’s some context.
The New York Times reported in an April 2, 2022 article: “The attorney general’s deliberate approach has frustrated Democratic allies of the White House and, at times, President Biden himself. Late last year, Mr. Biden told his inner circle that he believes former President Donald J. Trump is a threat to democracy and should be investigated, according to two people familiar with his comments. Although the president never directly communicated his frustrations to Mr. Garland, he said privately that he wanted Mr. Garland to act less like a judge and more like a prosecutor, willing to take decisive action on the events of January 6. “
Fast forward to November 9, 2022. The mood at the White House was bright the day after the midterm elections. The so-called Red Wave did not happen. President Biden’s party held on to its Senate margin — which then tightened to 51-49 after Georgia Sen. Ralph Warnock won a runoff. Democrats lost the House, but after all the votes were counted a few weeks later, the GOP margin had only increased by a few seats, with 222 seats for Republicans and 213 for Democrats.
President Biden took questions from the press, a rare occurrence. CNN’s Phil Mattingly, respecting Biden’s wishes not to mention former President Trump by name but asking a question about him, asks at 00:20:16 in this C-SPAN video clip:
CNN: “Last month, you said the whole world was watching both the good guys and the bad guys. You noted that you’re going to the G20 in two days. You’re going to come face-to-face with many of those leaders, and at the same moment your predecessor is thinking of starting a re-election effort. That’s for America and your presidency. How should world leaders view this moment?”
Biden responded with a lengthy reply about Jan. 6, saying, “The rest of the world is watching us.” He continued:
“Nothing like this has happened since the Civil War. I don’t want to exaggerate, but literally. What I found is they want to know, is the United States stable? Do we know what we’re doing? Are we the same democracy? Have we always been?…We’re still an open democracy and we have rules and “They’re worried that institutions matter. That’s the context they’re looking at. Are we going back to a place where we accept the decisions of the courts, Congress, the government, etc?”
CNN: “The whole premise of that G7 conversation is tied to your predecessor, who’s going to start another campaign. How do you reassure them that the former president isn’t coming back, that’s the reason to question his political movement, which is still very strong, will take power in the United States?”
Biden: “We have to demonstrate that if he runs, he can’t take office — to make sure he doesn’t become the next president again — under the legitimate efforts of our Constitution.”
The press corps held three full seconds of eerie silence to digest what Biden had just said. Biden called his next questioner.
Exactly nine days later, Attorney General Merrick Garland announced the appointment of Jack Smith as special counsel to investigate Trump’s role in J6 and the handling of classified documents. Garland is likely to succumb to intense White House pressure after President Biden sets public expectations that Garland will take the decisive steps of a prosecutor.
Smith’s dilemma is that if he brings civil charges against Trump, they won’t cripple Trump as much as criminal charges would. For Jack Smith J6 to prove that Trump is guilty of a crime, he must do so beyond a reasonable doubt, a much higher legal standard than in civil cases where a lower “preponderance of the evidence” standard suffices. [A federal court ruled in February 2022 that civil lawsuits seeking to hold Trump accountable for J6 can move forward in court.]
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With volumes of materials from the partisan J6 committee to review and the clock ticking on the 2024 election (the first GOP primary debates are just two months away), Smith decided to fast-track the classified documents case and hit 37. The number of criminals, at least one of whom was attached, was expected to send Trump to prison.
Remember his employer’s mission: “… to ensure that he – under the legitimate efforts of our Constitution – does not become the next president again.”
At his club in Bedminster, NJ, after an appearance in Miami for the unprecedented trial of a former president, Trump said: “This is called election interference, another attempt to rig and steal a presidential election. More importantly, it’s political violence. Something related to a fascist or communist country. Today will be infamous.”
We agree with former President Trump. President Biden will use all the levers of government to imprison his main political opponent, who is leading him in the polls and has a 40-point lead for the GOP nomination, a gross abuse of selective and partisan prosecutorial power. No, Mr. President, this is not the America the world wants to see.