Thread by @jedshug

What could Garland do to investigate Trump for January 6th?
IMHO, the only step for Garland is to appoint a special counsel (a Mueller-type).
And I think that's the only way Garland would go, termperamentally.
It says a lot that he hasn't/won't.
1/
law.cornell.edu/cfr/text/28/60…

2/ An investigation into Trump, Biden's once and future political opponent, checks both reg boxes:
a) "conflict of interest...or other extraordinary circumstances; and
(b) That under the circumstances, it would be in the public interest to appoint an outside Special Counsel"

3/ Because Garland has not yet appointed a special counsel, he is unlikely to do so. It takes time to find a counsel, assemble a team, then more time for them to get off the ground.
Let's say he had appointed one today. There still isn't enough time left to litigate.

4/ Once they might seek documents from Trump and those around Trump, they would face inevitable litigation over executive privilege, which would take about a year to get resolved by the Supreme Court. Then, even if they find a smoking gun, we are talking about a trial in 2024...

5/ ...and that would be a circus. The DOJ has an appropriate policy not to bring an investigation or a prosecution of a candidate during a political campaign. There is very good reason for this policy, and it seems likely that the Garland DOJ is seeking to avoid partisan fights.

6/ I understand Garland's approach. He seems to want to de-escalate the DOJ's role in partisan fights and de-criminalize politics.
He probably knows he has run out the clock on a Trump prosecution timeline, given the limits on completing a prosecution by 2023.