EmptyWheel Is Spot On: Tangerine Will Be Charged With… Insurrection, Eventually.

But that in no manner should be seen as a problem with Merrick Garland, or Jack Smith.

Tangerine himself has engineered all this delay, by aggressive campaigning as far back as later 2022, and by filing lots of criminal defense motions.

But his time in the barrel is coming. Democrats cannot decide to blame themselves for his using the rights afforded to criminal indictees, thus — even if they push the edge of the envelope, on good faith arguments for reversing existing procedural law:

As I keep laying out, we know how long the investigation took. We know it took 14 months before the first crime scene defendants could be tried. We know it took over a year to exploit Tarrio’s phone. We know J6C caused at least three months of delay by withholding transcripts. We know it took ten months to get privilege-waived testimony from necessary witnesses.

And we know that John Roberts chose to delay the legal questions from December 2023 until August 2024, eight months.

Merrick Garland might yet charge Trump with insurrection. He might need to, to sustain the tie between Trump and his mob. But we have a pretty clear understanding of why that didn’t happen, couldn’t have happened, before tomorrow’s election….

So the hand-wringers ought to just shut it, and go vote. Period.