Ayer: Will Donald Trump Get Away With Inciting an Insurrection?

Note: this piece was originally published in the New York Times, and was written by Checks & Balances member Donald Ayer, Harvard professor Lawrence Tribe, and former federal prosecutor Dennis Aftergut.

In his nine months in office, Attorney General Merrick Garland has done a great deal to restore integrity and evenhanded enforcement of the law to an agency that was badly misused for political reasons under his predecessor. But his place in history will be assessed based on the challenges that confronted him. And the overriding test that he and the rest of the government face is the threat to our democracy from people bent on destroying it.

Mr. Garland’s success depends on ensuring that the rule of law endures. That means dissuading future coup plotters by holding the leaders of the insurrection fully accountable for their attempt to overthrow the government. But he cannot do so without a robust criminal investigation of those at the top, from the people who planned, assisted or funded the attempt to overturn the Electoral College vote to those who organized or encouraged the mob attack on the Capitol. To begin with, he might focus on Mark Meadows, Steve Bannon, Rudy Giuliani, John Eastman and even Donald Trump — all of whom were involved, in one way or another, in the events leading up to the attack.

Almost a year after the insurrection, we have yet to see any clear indicators that such an investigation is underway, raising the alarming possibility that the Biden Justice Department may never bring charges against those ultimately responsible for the attack.

While the department has filed charges against more than 700 people who participated in the violence, limiting the investigation to these foot soldiers would be a grave mistake: As Joanne Freeman, a Yale historian, wrote this month about the insurrection, “Accountability — the belief that political power holders are responsible for their actions and that blatant violations will be addressed — is the lifeblood of democracy. Without it, there can be no trust in government, and without trust, democratic governments have little power.”

Continue reading at the New York Times.