Elie Mystal explained why it "bodes well" that AG Merrick Garland is listening to Congress when they give him information worth investigating, like, say, evidence of slates of forged GOP electors.
January 26, 2022

The evidence gathered by the House January 6th Committee is beginning to have high-level consequences at the DOJ. The more we learn about states having prepared an illegal slate of forged electors in an attempt to overturn their states' election results, the more Democrats are demanding criminal charges be filed.

There now appears to be movement in that direction, as there should be, since in a just world, criming is punished, amirite?

Elie Mystal, justice correspondent for The Nation, joined Ari Melber to talk about the fact that Deputy AG Lisa Monaco has confirmed the DOJ is indeed investigating the fraudulent electors the GOP attempted to submit in some states in 2020.

"In terms of the other thing with the Monaco confirming that these potentially fake electors ballots are being investigated, that's the first indication, one of the first indications we've gotten that the Department of Justice is listening to Congress," Mystal explained. "Congress has asked -- politicians have asked the Department of Justice to look into that. That's not mainline part of the January 6th Committee investigation. The fact that Merrick Garland is at least doing that, is at least kind of looking into this issue, speaks well for, I think going down the road -- if we get to the point where the January 6th Committee is done with their work, if Merrick Garland will take up the baton."

Melber made the point that this is not the same thing as a politically-motivated investigation of someone simply for being a competitor or on the opposite side of the aisle. This investigation is based on what Melber calls a "legal predicate."

"At the end of the day, a lot of investigations start with leads," Melber began. "They can come from a random person. They come from sometimes independent journalism. We know when we're working on stories, gosh, this could lead to something. They could come from someone in a position to know, like a Congressional investigator. The only place they shouldn't come from is a bias or political starting targeting."

Mystal fully agreed. "You don't want a politician to say, 'Look, I've got to run against this guy in the fall, can you look into this guy, Mr. Garland? Like, do me a solid.' That's not what you what, and that's not what's happening," he said. "What I read is happening is Congress has information, and they're like, 'Here, Department of Justice, Here, other branch of government, here is some information that we have found! Perhaps you would find it interesting!' And what Monaco is confirming that, yes, the Department of Justice is finding that information interesting and is conducting an appropriate investigation to see where that information leads."

You mean, like how a functioning government should be operating?

"That's what we want. We want the government to be able to talk to each other," Mystal emphasized. "We don't want the government to pressure -- inappropriately pressure each other. What it looks like right now is a sharing of information, not a politically pressured investigation, and I think that's a good thing and I think this is the first indication we have that that kind of intergovernmental cooperation is happening."


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