Message for Merrick Garland and Jack Smith: Stop the vacillating, shift into high gear, and NAIL HIM!

The future of America depends on it.


We have arrived at a monumental crossroads in this nation’s history, a time when those who are conducting critically important investigations have the responsibility to determine which direction America will take into the future. One direction leads to a continuance of this nation’s democracy and the other will lead to this democracy’s demise, i.e., the end of America as we have known it.

Attorney General Merrick Garland and Special Prosecutor Jack Smith will decide whether to indict former president Donald Trump for crimes committed or, rather, to just let the clock run out, giving him yet another free pass.

Time is rapidly running out and we hear that Jack Smith is in the process of subpoenaing the likes of former Vice President Mike Pence, who seems to think he is guided by God to continue to try to protect Donald J. Trump; you know, his former boss, the guy that didn’t lift a finger when he heard the insurrectionists chanting, “Hang Mike Pence, Hang Mike Pence.”

What is the biggest danger present in this tenuous situation? Well, both Garland and Jack Smith report to President Biden. If he or some other Democratic candidate for president in 2024 runs and loses to a Republican then these two, along with Biden, will be out of office on Jan. 25, 2025. And, all of their investigations, and in particular, Trump’s, will come to a screeching halt.

I feel like I’ve been watching a horrific nightmare going on and on with no end in sight. 

So, far I’d say the score in this grand legal competition between Trump and the various investigators, including the DOJ, is Trump = 100, and the investigators, = a big ZERO! He is turning them upside down with his subpoena refusals, delays and delays, and appeals. And, Garland and Smith keep indicating that they will make their decision, whether to indict or not—but they just aren’t getting it done.

Watching MSNBC and CNN regularly, I’ve seen a plethora of former prosecutors discuss all the pros and cons of these investigations time and time again, trying to predict when one of these investigations will end up indicting this master criminal. But, they go on and on and on, while Trump continues to thumb his nose at the DOJ. One can see these former prosecutors turned analysts are getting more and more frustrated, to the point that some seem to think that these high-level DOJ officials may be laying down the plan to let the criminal go free. 

Could this happen in America, where no man is above the law? You better believe it. America’s justice system design is one in which the rich and powerful can find the ways to delay and appeal time and time again to the point that their cases very often go nowhere. And, on the other hand, those Americans who are lower on the income spectrum, get no such free passes.

For those who might think that America’s justice system is #1 in the world, check out this report from “The U.S. ranks 18th among 113 countries in terms of how the rule of law is experienced by citizens, according to the World Justice Project’s 2016 Rule of Law Index. The report, released Thursday, puts the U.S. behind countries like Estonia, the Czech Republic, and Japan. The Nordic countries—which often dominate such international ranking lists—grabbed the top spots.”

Do Garland and Smith have any understanding of the art of prioritizing? It’s been over two years, I just heard that it’s been over 800 days, since the Jan. 6 attack on the Capitol. The House Special Committee involving Jan. 6 finished its investigation months ago, giving the DOJ various forms of evidence as its members unearthed it. The DOJ now has mountains of evidence and has had tons of time to analyze and digest it. When in the world are AG Garland and Special Prosecutor Smith going to get moving? When?

Don’t they ever look at the clock and see how it continues to run extra fast when you have time limits? Can’t they hear it ticking away? Time is rapidly running out and they certainly ought to know that when Jan. 25, 2025, arrives the whole process could come to an end.

Here is a key point that I would like to make: one would think that, especially in high-level government cases managed by very responsible government officials, the law of the land would prevail, that there would be no deviations due to non-legal considerations such as we have heard about not prosecuting a former president.

Well, if the issue of not prosecuting a former president ever does enter into the officials’ thinking and possible conclusions, then I will put forth other considerations that also should be a part of their deliberations. These officials should also think deeply about how Trump is the head of a movement that is determined to do anything and everything possible to take down our democracy, to turn America into a fascist state in which a few at the top will totally control the lives of America’s more than 330 million people. This would be the ultimate crime.

Donald J. Trump, has for many years, broken law after law and has always been able to escape prosecution and indictment because he is a master at using America’s many legal loopholes that the rich and powerful use regularly. What we have here is Trump and the Republican Party declaring war against the US Judicial system. 

If these anti-American politicians and Trump want to declare such a war against the U.S. Judicial System, and America, then Garland and Smith better use all the enormous power of their office to stop this two-headed monster in its tracks, turning it into a useless, powerless criminal entity. The future of America depends on it.


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Michael Payne is an independent progressive activist. His writings deal with social, economic, political and foreign policy issues; and especially with the great dangers involved with the proliferation of perpetual war, the associated defense industry, and the massive control that Corporate America holds over this government and our election process; all which are leading this nation down the road to eventual financial ruin if the conditions are not reversed. He is a graduate of Northwestern University, Evanston, Illinois and a U.S. Army veteran.