After the Supreme Court delayed consideration of Donald Trump’s immunity claim until April, some liberals directed considerable outrage not just at the court, but also at a member of President Joe Biden’s Cabinet. Such attacks act as if the delay were Attorney General Merrick Garland’s fault instead of justices like Clarence Thomas. These criticisms are misplaced. The Justice Department, before and after Garland’s delayed confirmation, started investigating key figures in the election interference case against Trump in 2021. And accusations of delay ignore the real-world obstacles that special counsel Jack Smith, his team and their predecessors had to navigate carefully — lest the whole case fall apart in court.
The department took overt investigative steps against three of the six alleged co-conspirators identified in Trump’s Jan. 6 indictment in 2021, long before Garland appointed Smith to the case. Days after a New York Times report on Jeffrey Clark’s role in Jan. 6, on Jan. 25, 2021, Justice Department Inspector General Michael Horowitz announced an investigation into “whether any former or current DOJ official engaged in an improper attempt to have DOJ seek to alter the outcome of the 2020 Presidential Election.” The IG investigators remained involved when FBI agents seized Clark’s phone June 23, 2022. The department had already, a month earlier, obtained a warrant for one of Clark’s private email accounts and would obtain a second one the following day. The August 2023 indictment of Trump describes Clark as co-conspirator 4.
Those often-ignored early moves against Trump’s co-conspirators go unmentioned in reports that claim Garland delayed the investigation.
In April 2021 — on Deputy Attorney General Lisa Monaco’s first day on the job — the Justice Department obtained a warrant to seize Rudy Giuliani’s phones. That wasn’t a warrant for Jan. 6; it sought evidence that Trump’s lawyer was doing the bidding of Ukrainians…
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