“The Illegality…Was Obvious”: An Analysis of the Carter Opinion on Jan. 6th
“The illegality of the plan was obvious.” Those words of Judge David O. Carter in the U.S. District Court for the Central District of California this week have electrified commentators across the networks and the Internet. Judge Carter was praised for his “simple clarity” in declaring that “it is more likely than not that President Trump corruptly attempted to obstruct the Joint Session of Congress on January 6, 2021.” The declarations by the court have led to a frenzy in the media and renewed calls for the prosecution of the former president. However, there are elements to the decision that are deeply concerning on issues ranging from free speech to attorney-client privilege.
The Washington Post was quick to breathlessly declare that the time had finally come . . . again. Given the Posts long record of running professed slam dunk criminal charges against Trump that amounted to nothing, that is hardly a surprise. However, Carter’s opinion was immediately portrayed as ending all speculation. It seems now like little more than an administrative matter before Trump is marched off to the slammer.
Post columnist Jennifer Rubin declared “Carter has issued a clear invitation — almost a plea — for the Justice Department to pursue charges against both Eastman and Trump . . . [Attorney General Merrick] Garland will have an exceptionally hard time justifying a decision not to prosecute.”
If you read such columns, it is difficult to see why Trump has not been charged after two years. After all, the media heralded the statements of D.C. Attorney General Racine that he was pursuing possible charges. Yet, neither Racine nor the Biden Administration have charged Trump. Why?
The reason that hasn’t happened is that Judge Carter’s “invitation” is strikingly short of clear evidence of such criminal conduct.
https://jonathanturley.org/2022/04/02/the-illegality-was-obvious-an-analysis-of-the-carter-opinion-on-jan-6th/
