Showdown at DOJ

Yesterday afternoon, I had the TV news on when my phone rang.  It was a friend calling, and I answered it saying, “Hi, is this your DOJ call?”

It was.  The news had just come in that the Department of Justice had just requested copies of all the interview transcripts from the July 6 House Select Committee.  I knew he’d be overjoyed, an would be calling to make sure I’d seen the news. 

I liked Daniel Goldman’s comment that Merrick Garland knows that any request from the DOJ to the House will be made public – so this was likely his way of explaining that they are investigating without him saying it. 

Goldman also noted that it was likely the Justice Department has been investigating this for a long time as quietly as they could, and that they’ve gone as far as they could while keeping it quiet, and so now they finally went to this step.

Readers here may recall an article I wrote here a few months back, as so many people were outraged that Merrick Garland was supposedly not investigating those behind the insurrection.  I said that it was not conceivable that he wasn’t investigating (though that didn’t mean he’d find the evidence he needs to file charges), and that he had a history of keeping his investigations totally quiet.  Further, I suggested the possibility that he was waiting for the House Select Committee to build its case and almost “prepare” the public with the evidence before the DOJ would make its case.

I have no idea if the latter is true, but even if it isn’t, the timing of this request and the state of the DOJ investigation serves to fit that almost the same.

All this said, even considering that the DOJ has been investigating all this time, it’s nonetheless great news to finally have it public that they are investigating.

How notable was the news?  Even Jason Johnson, who has been outspoken in his disappointment of there being no news of a DOJ investigation, said on MSNBC how thrilled he was.

This will also add a great deal more impact to the House Select Committee when they hold their public hearings.  Now, when people watch, it will be with the knowledge that there is body with the power to indict that is not only investigating the same thing…but has the transcripts of all the people testifying and more, and cross-referencing all that with what they have uncovered themselves.

In fact, related to the House Select Committee, MSNBC analyst Glenn Kirschner -- a former Assistant U.S. Attorney -- pointed out how savvy it was (intentionally or by chance) that the DOJ waited until now to go after these witnesses.

If the Department of Justice had gone after the same witnesses with grand jury subpoenas, he said, "They would have been battling Congress, who gets which witness first and who has the greater priority. Now what the Department of Justice can do is take a thousand-plus transcripts and they can use that to build their criminal investigation." 

It's also notable that as much as people like Steve Bannon, Mark Meadows and Roger Stone have been able to ignore House subpoenas (not to mention Kevin McCarthy, Jim Jordan, Andy Biggs, Mo Brooks and Scott Perry), you don’t ignore a subpoena from the Justice Department.  As Kirschner explained, “If you do that, you will get a visit at your home from the DOJ at 6 o’clock the next morning,” taking you into custody.

This now adds significant substance to everything we now see the House Select Committee do.  Because we know the DOJ is investigating, as well, and have the power to indict, but that they have much of the same material that the committee has. 

And all this will add to the public persona that the Republican Party is putting out lately with its hubris after the draft news of the Supreme Court likely overturning Roe v. Wade – as the party seems to believe that because its base believes something, so too does the entire country.  And so they have been upfront saying that if they regain power, they’ll ban abortion, ban contraceptives, all the while continuing to push “replacement theory” that’s getting people massacred, nominating far-right crazies, some of whom participated in or supported the insurrection…and we’re still six months away from the mid-terms.  The public House Select Committee hearings will help give focus to that.  As well, now, will the awareness of there being a DOJ investigation.  And as much as the GOP base might love all this, it’s likely that more of the public is horrified by it. 

For starters, though, just knowing that the DOJ has requested all the interview transcripts the House Select Committee has is good enough.

There’s still so much more to play out, and it all directions.  But that’s not bad just for starters.