Democrat lawmakers say it’s likely Attorney General Merrick Garland will prosecute former President Donald Trump. Democrats say President Biden’s AG will likely prosecute Trump for attempting to overturn the 2020 election and his role in the Jan. 6 Capitol riot.

Background: In 2020, President Trump claimed widespread voter fraud shift the results of the election in democrats’ favor. After a series of legal challenges and recounts instances of fraud widespread enough to shift the outcome wasn’t discovered.

On Jan. 6, a number of Republican lawmakers, including President Trump, attended a rally on the National Mall in support of the Republican President while electors certified the results for Joe Biden in Congress. Protestors ultimately stormed the Capitol while lawmakers were inside, an act characterized by the left as deliberate acts of insurrection and sedition.

What Happened: Democrats have indicated Garland may prosecute Trump but have noted he will have to move forward carefully.

Context: Any prosecution that fails to convict Trump risks becoming a disaster and could vindicate Trump.

What Democrats Say: Sen. Richard  Blumenthal said “clearly what [Trump] did” in the days leading up and the day of the Jan. 6 attack on Congress “falls in the ambit of what’s being investigated and perhaps is criminal.” 

Sen. TimKaine said, “My intuition is that they are” looking carefully at whether Trump broke the law, he said. “My sense is they’re looking [at] everything in a diligent way and they haven’t made a decision.” 


Sen. Sherrod Brown said, “I think anybody who it’s proven had a role in the planning of [the Jan. 6 attack] should be prosecuted, not just the people who broke in and smashed the window in my office and others.” 

“I think anybody that’s shown to have had a role in its planning absolutely should be prosecuted,” he added. “I mean it was treason, it was trying to overturn an election through violent means.”  

What Comes Next: The day before the anniversary AG Garland hinted at potential plans to go after Trump.

“The Justice Department remains committed to holding all Jan. 6 perpetrators, at any level, accountable under law — whether they were present that day or were otherwise criminally responsible,” he said. (per The Hill)

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