General Discussion
In reply to the discussion: Anyone else pissed at Merrick Garland? [View all]Fiendish Thingy
(19,989 posts)Judges have to sign search warrants, and they, not the AG, determine whether bail is set or not; you should probably read up on the Espionage Act, and the difference between unlawful possession, removal and retention of national defense information.
Trump was charged with unlawful retention of national defense information, which required months of back and forth between Trump and the archives to establish that Trump was unwilling to return the documents he had.
If Garland had attempted to charge unlawful possession or removal of documents, one of two things would have happened:
1) Joe Biden and Mike Pence would also now be on trial for those charges, or
2) the charges would have been dropped, or the grand jury would refuse to indict because knowledge and intent could not be established (this is the more likely outcome, which is why Garland wisely chose to charge for retention instead)
Edit history
Recommendations
0 members have recommended this reply (displayed in chronological order):