Justice denied

Democrats have failed to meet the moment.

As Jack Smith ended his tenure as special prosecutor investigating Donald Trump’s involvement in January 6, the Justice Department released a portion of his report saying that Trump would have been convicted of attempting to subvert the transfer of power. However, the case was dropped because the Justice Department won’t prosecute sitting presidents. Has there ever been a more apt use of the expression, “Justice delayed is justice denied?”

Merrick Garland had four years to hold Donald Trump and his co-conspirators accountable for their actions. Four years—and he failed. We’re supposed to be a country of laws and Garland didn’t enforce them. He’s set a terrible precedent for anyone who believes criminals should be held accountable and that government corruption should be policed.

In contrast, South Korea arrested their president yesterday after he tried to declare martial law on December 3. He was impeached for his actions and now he’s in custody. He’s being investigated for abuse of power and fomenting rebellion. That’s taking democracy and the rule of law seriously.

Let’s face it, Democrats have failed to meet the moment or understand the political environment. Despite all evidence to the contrary, they behaved as if the GOP is a party acting in good faith. They assumed that the American people were paying attention to the crisis of democracy when, in fact, they were distracted by smart phones that were making them dumb.

Right now, for instance, the GOP is tearing down norms to steal a North Carolina Supreme Court seat. Democrats may be outraged, but they are also missing an opportunity. I see plenty of emails, billboards, and social media posts blaming Jefferson Griffin for filing the suit, but not much blaming the North Carolina Republican Party for undermining elections. Turn up the volume and attack the GOP brand.

Run ads on television, radio, and social media like the ones for mesothelioma or Round Up. “Do you live in North Carolina? Did you vote in the 2024 election? If so, your vote might be canceled by the North Carolina Republican Party. The North Carolina Republican Party is seeking to cancel the votes of 60,000 people who voted legally. Call 1-800-XXX-XXXX to see if you’re on the list. Don’t let Republicans steal your vote. Find out today.”

Don’t rely on reporters or news outlets to tell the story. If Democrats were the ones trying to steal the election, it would be front and center on Fox News, talk radio, and conservative podcasts.

Fight like Republicans. Be loud. Be relentless. Be strategic.

The political battlefield has shifted. The days of building consensus or reaching compromise to get legislation passed are over. The goal of the Republican Party is to win without consensus and to burn down the institutions if that’s what it takes. Democrats can’t afford any more Merrick Garlands.