Menu Close

Articles on Merrick Garland

Displaying all articles

Attorney General Merrick Garland announces on Aug. 11, 2023, that he has appointed a special counsel to handle the investigations into Hunter Biden. Tom Williams/CQ-Roll Call, Inc via Getty Images

Special counsels, like the one leading the Justice Department’s investigation of Hunter Biden, are intended to be independent − but they aren’t entirely

Special counsels can help presidential administrations avoid the perception of bias, but they are not as independent as the independent counsels of the past.
Former President Donald Trump makes his way to the stage during a rally in Erie, Pa., on July 29, 2023. Dustin Franz for The Washington Post via Getty Images

Trump indictment: Here’s how prosecutors will try to prove he knowingly lied and intended to break the law

A key element in proving Trump’s guilt or innocence is determining the former president’s state of mind and whether he has shown a consciousness of guilt before and after the alleged crimes.
Former President Donald Trump was on the campaign trail in early June 2023, as an investigation continued that led to his indictment on federal charges. Andrew Caballero-Reynolds/AFP via Getty Images

Trump charged under Espionage Act – which covers a lot more crimes than just spying

Spy cases are rare. More typically, as in the Trump indictment, the act applies to the unauthorized gathering, possessing or transmitting of certain sensitive government information.
Former President Donald Trump speaks at a campaign event in New Hampshire on April 27, 2023. Jabin Botsford/The Washington Post via Getty Images

Do federal or state prosecutors get to go first in trying Trump? A law professor untangles the conflict

If a person – in this case, the former president of the United States – is charged by federal and state prosecutors, or prosecutors in different states, at the same time, which case goes first?
Former President Donald Trump, at the Conservative Political Action Conference, Aug. 6, 2022, in Dallas. Brandon Bell/Getty Images

You don’t have to be a spy to violate the Espionage Act – and other crucial facts about the law Trump may have broken

Two national security law experts explain how the Espionage Act isn’t only about international intrigue, and share other important points about the law that was invoked in a search of Trump’s estate.
The gate to former President Donald Trump’s home at Mar-A-Lago in Palm Beach, Fla., on Aug. 8, 2022. Photo by Eva Marie Uzcategui/Getty Images

How the FBI knew what to search for at Mar-a-Lago – and why the Presidential Records Act is an essential tool for the National Archives and future historians

A presidential scholar sets the history and context for the battle over President Trump’s official records – and says it isn’t the first records battle between the government and a former president.
In this photograph, former President Donald Trump appears on a video screen above members of the Select Committee to Investigate the January 6th Attack on the U.S. Capitol. Kevin Dietsch/Getty Images

Former Oath Keeper reveals racist, antisemitic beliefs of white nationalist group – and their plans to start a civil war

A former Oath Keepers member testified during a congressional hearing that it was time to stop mincing words about the Jan. 6 assault on the U.S. Capitol: ‘It was an armed revolution.’
A man protesting in New York City one year after the violent insurrection in Washington, D.C. Erik McGregor/LightRocket via Getty Images

Prosecuting Trump would inevitably be political – and other countries have had mixed success in holding ex-presidents accountable

Criminal charges against former President Donald Trump for his role in the Jan. 6 Capitol riot could spark political consequences – not only for Trump, but for US democracy.
Pro-Trump rioters trying to enter Capitol building. A recent poll showed that up to one-fifth of Americans supported the assault on the Capitol. Lev Radin/Pacific Press/LightRocket via Getty Images

Strong political institutions can uphold democracy, even if people can’t agree on politics

To repair the public’s dwindling trust in the federal government, politicians must recommit to the impartial cooperation that bolsters political institutions.

Top contributors

More