Unprecedented Election Conspiracy Case Against Trump Marks a Defining Moment for the Justice Department

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As the Justice Department launched the most notable prosecution in its history in Washington, Attorney General Merrick Garland was conducting meetings with local police in Philadelphia, a hundred miles away.

Taking a short break from his meetings, Garland briefly mentioned that the decision to charge Donald Trump with conspiracy to overturn the 2020 election was initiated by tenured prosecutors and spearheaded by a special counsel committed to upholding “accountability and independence.” In other words, this action transcends partisan politics.

However, Garland cannot completely evade the political implications at hand, especially when the Justice Department, under the command of a president seeking re-election, is bringing charges against his principal political adversary, the likely Republican candidate.

Despite Garland’s efforts to distance himself from the investigation since the appointment of special counsel Jack Smith 10 months ago, he retains final say on matters concerning Trump’s prosecution as long as he serves as attorney general.

The Justice Department is in the midst of the most critical challenge in its history — maneuvering in unprecedented American democratic conditions while pushing back against continual assaults on its credibility and that of the U.S. electoral system. The outcome of this case has the potential to significantly impact the department’s standing for years to come.

“This is an immensely historical moment for the Department of Justice,” said Wendy Weiser, vice president for the Democracy Program at the Brennan Center for Justice.

President Joe Biden has made efforts to distance himself from the Justice Department to avoid any semblance of interference as the agency is investigating not only Trump but also the president’s son, Hunter. This separation may become increasingly difficult for Biden, especially as any comments he makes about the Jan. 6, 2021, Capitol insurrection from here on could pose complications for the prosecutors. Further, any forthcoming trial is likely to occur amid the 2024 presidential election.

This latest charge against Trump represents the third criminal case lodged against him this year, but it is the first attempting to hold him criminally accountable for his actions during the weeks between his election defeat and the shocking Capitol assault. On Thursday, he pleaded not guilty before a federal magistrate judge and was directed not to discuss the case with any potential witnesses.

Trump maintains his innocence and accuses Smith of attempting to sabotage his potential return to the White House in 2024. Trump and other Republicans have strongly criticized the investigation and the Justice Department more broadly, alleging a double standard of justice that demonizes Trump while being lenient with Biden’s son, who faces tax crime allegations following a long-term probe.

“It’s yet another bleak day in America as Joe Biden continues to misuse his corrupt Department of Justice against his top political adversary Donald J. Trump,” stated U.S. Rep Elise Stefanik, R-N.Y.

Trump’s own Justice Department faced allegations of politicization and drew significant criticism as the federal investigation into Russia’s 2016 election interference thrust prosecutors into the limelight and prolonged scandals, which Trump used to allege a “deep state” plot against him.

The release of the Russia report by special counsel Robert Mueller was politically charged, with then-Attorney General William Barr publishing a brief memo ahead of the report, widely criticized for skewing the investigation’s findings in Trump’s favor. Mueller’s actual report, spanning two volumes and 448 pages, was more nuanced, detailing how Trump attempted to manipulate or limit the Russia investigation after the special counsel’s appointment in May 2017.

When Trump suggested without proof that there could be widespread voter fraud on Nov. 9, 2020, Barr urged prosecutors to investigate any suspected instances. However, Barr eventually distanced himself from Trump, informing The Big Big News of the absence of widespread election fraud even before he relayed the information to the president.

Garland, a veteran federal appeals court judge and former Supreme Court nominee under Barack Obama, was chosen by President Biden to provide stability. He vowed to restore the Justice Department to its standard operation, rebuild its reputation for political independence, and guarantee equal justice.

Garland’s professional history is deeply rooted in Justice Department procedures and norms, and as a judge, his rulings were comprehensive but “judicially modest,” according to Jamie Gorelick, a lawyer, former deputy attorney general, and longtime colleague and friend of Garland.

“His approach has always been to do what needs to be done thoroughly and efficiently, without overreaching or doing more than necessary,” she stated.

While Garland has not been directly involved in the Trump case since designating Smith as special counsel, the indictment presented on Tuesday represents a similar approach, according to Gorelick. “It does not depend on wild new theories. It does not aim to overdo when less could be more efficient,” she commented.

Indeed, the indictment echoes many of the same facts that were broadcast live or unearthed in the House investigation into the Jan. 6 insurrection, where violent protesters attacked police officers, broke windows, and occupied the Capitol for several hours.

If Smith loses the case, the Justice Department’s credibility could take a significant hit, especially considering the increasing Republican attacks against the department. If prosecutors win, a former president could potentially face jail time. If Trump wins the 2024 election, he could dismiss the charges and has stated his intention to “completely overhaul the federal Department of Justice and FBI,” a part of his broader effort to centralize power towards the presidency.

“There are now elements that the Justice Department will have to grapple with for years to come,” stated Robert Sanders, a senior lecturer of national security at the University of New Haven. “The next 12 months will represent a critical phase in the history of this country.”

In the midst of this fraught environment, the Justice Department continues its broader work.

On the same day Trump was arraigned in Washington, federal prosecutors announced guilty pleas in a racist assault case against two Black men who were victimized during a home raid in Mississippi. Also, U.S. officials announced the arrest of two U.S. Navy soldiers for espionage on behalf of China in California.

Garland, during his Philadelphia visit, promptly returned to the community event he was attending, engaging in conversation with police officers outside, while reporters threw questions about the historic indictment his way. But Garland refrained from comment.

“I appointed Jack Smith special counsel to handle the ongoing investigation to underscore the department’s dedication to accountability and independence,” he said. “Any queries about this matter should be addressed by the filings made in the courtroom.”

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This report also includes contributions from Big Big News writers Claudia Lauer in Philadelphia and Alanna Durkin Richer in Boston.

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More about Justice Department Trump case

• Justice Department’s history
• Merrick Garland’s career
• 2020 Presidential Election
• The appointment of Special Counsel Jack Smith
• Insurrection at the Capitol on January 6, 2021
• Previous cases against Donald Trump
• Hunter Biden tax probe