Opinion by Jennifer Rubin: Attorney General Merrick Garland has faced tough criticism over his perceived timidity. Those concerns were wrong as he made clear this past week.
The seriousness of the crimes alleged and the substantial criminal penalties involved would be news enough. But there are four other reasons they matter, especially for Trump, his cronies and any members of Congress who may have been implicated in the plot to prevent Joe Biden from assuming the presidency.First, and most important, this is the first time the Justice Department has identified the assault on the Capitol as sedition.
Second, Section 3 of the 14th Amendment disqualifies elected officials from holding federal office if they “have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof.
The facts alleged in the seditious conspiracy charge — the attempt to prevent the lawful transfer of power — certainly relate to Section 3. While the mechanism for enforcing this is uncertain, the Justice Department has moved into territory in which Trump and congressional allies could be disqualified from office. One can imagine a flood of lawsuits and proposals for Congress to disqualify those shown to be part of the conspiracy.
The indictment is an aggressive and bold step forward that, based on already available evidence, might snare Trump. Of course, a prosecutor would have to prove all elements beyond a reasonable doubt. With such serious charges pending against the Oath Keepers, the chance to “flip” them and reveal higher-ups involved in the plot increases substantially.
For staying true to his word to follow the facts and elevating the seriousness of the charges, we can say, well done Mr. Attorney General.
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