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Opinion: Merrick Garland's integrity saved the DOJ only to doom it again

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Opinion: Merrick Garland's integrity saved the DOJ only to doom it again

In 2016, the American Bar Assn. couldn’t say enough good things about Merrick Garland, then the chief judge of the powerful U.S. Court of Appeals for the District of Columbia and President Obama’s nominee for the Supreme Court, when it sent the Senate a report giving him its highest rating. So at Garland’s confirmation hearing, a bar official gave senators samples of the unanimous praise from hundreds of lawyers, judges and law professors who were contacted by the group’s evaluators.

“He may be the perfect human being,” effused one anonymous fan. Another: “Judge Garland has no weaknesses.”

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Jackie Calmes

Jackie Calmes brings a critical eye to the national political scene. She has decades of experience covering the White House and Congress.

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Therein lies the tragedy of Merrick Garland. A man who could have been a truly supreme justice — but for then-Senate Majority Leader Mitch McConnell’s unprecedented Republican blockade — instead became a seemingly ineffectual attorney general, at least regarding the defining challenge of his tenure: holding Donald Trump accountable for trying to steal the 2020 presidential election.

The traits that the bar experts saw as Garland’s strengths — deliberative caution, modesty, judicial temperament, indifference to politics — turned out to be weaknesses for the head of the Justice Department in these times.

So intent was Garland on restoring the department’s independence and integrity — after Trump, in his first term, openly sought to weaponize it against his enemies — that the attorney general initially shied from investigating and prosecuting Trump for his role in the postelection subversions culminating on Jan. 6, 2021. By all accounts, Garland feared the optics of the Justice Department turning its legal powers against the man President Biden had just beaten at the polls.

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Of course Trump, the master of projection, was going to, and did, accuse the attorney general of the very thing that Trump himself was guilty of: weaponizing the Justice Department. Yet in a nation based on the rule of law, the case against Trump needed to be pursued.

Garland succeeded in reviving the department’s post-Watergate norms, which restrict contacts between law enforcement officials and the White House, norms that Garland, as a young Justice lawyer in the Carter administration, helped develop in response to Nixon-era abuses. But so much for Garland’s achievement: Trump, saved by his election from having to answer for Jan. 6 or for a separate federal indictment for filching classified documents, will be back in power next week, more emboldened than before and backed by appointees willing to do his vengeful bidding at the Justice Department and the FBI.

Last week, there were small victories for accountability, if not for Trump’s alleged federal crimes. On Friday he was sentenced for his one conviction, in New York state court in May, for falsifying business records to cover up hush-money payments to a porn star ahead of the 2016 election. Judge Juan M. Merchan gave the president-elect no penalty, but at least the sentencing underscored Trump’s distinction as the only felon-president. Separately, Garland indicated he would make public the final report from special counsel Jack Smith detailing the evidence for Trump’s culpability for Jan. 6.

The 72-year-old attorney general soon leaves office having angered all sides — Republicans for going after Trump at all, Democrats for not going after him fast and hard enough. California Sen. Adam B. Schiff, formerly a member of the House Jan. 6 committee, was among the first Democrats to publicly blame the Justice Department, at least partially, for letting Trump avoid trial before the 2024 election, complaining on CNN that the department had focused too long on “the foot soldiers” who attacked the Capitol “and refrained from looking at … the inciters.”

A recent CNN retrospective on the Trump prosecution called 2021 “the lost year.” At a time when the former president was still on the defensive about Jan. 6, the Justice Department followed a bottom-up strategy targeting more than 1,500 rioters in its largest criminal investigation ever. Prosecutors insisted they were chasing leads involving Trump and close allies, while sorting out the legal complexities of trying a former occupant of the Oval Office.

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By 2022, questions about Garland’s deliberative dillydallying became unavoidable. In March, U.S. District Judge David O. Carter ruled in a civil case that “the illegality of the [fake electors] plan was obvious.” The next month FBI Director Christopher Wray authorized a criminal investigation into the scheme. Then in June the House Jan. 6 committee held its televised hearings, essentially a daytime drama about Trump’s multipronged efforts to keep power, starring Republican eyewitnesses.

That development, finally, prodded Garland to get serious about the man at the top. In November 2022, Garland named Smith as special counsel. As fast as Smith seemed to work, it wasn’t until August 2023 — two and a half years after the insurrection — that Trump was criminally indicted. Months of legal challenges from the Trump team followed, delaying everything and putting forward what seemed like a crazy claim, that Trump should have presidential immunity.

Yet to point fingers solely at Garland for letting Trump off the hook shifts blame from those even more deserving of it. McConnell, for instance, who engineered Trump’s Senate acquittal in February 2021 after his impeachment for inciting the insurrection; conviction could have been paired with a vote banning Trump from seeking federal office. And the Supreme Court’s right-wing supermajority, which took seven months before mostly siding with Trump’s claim that he and future presidents are immune from criminal charges for supposedly official acts.

Even if Garland had moved aggressively, there’s a good argument that all the delays available to Trump would’ve made a trial and verdict before the election unlikely. And this fact remains: The ultimate jury — voters — had more than enough incriminating facts available to decide Trump was unfit to be president again. A plurality decided otherwise.

Still, Garland’s performance makes me doubly sad that he ended up at Justice instead of becoming a justice.

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Video: Trump Announces Construction of New Warships

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Video: Trump Announces Construction of New Warships

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Trump Announces Construction of New Warships

President Trump announced on Monday the construction of new warships for the U.S. Navy he called a “golden fleet.” Navy officials said the vessels would notionally have the ability to launch hypersonic and nuclear-armed cruise missiles.

We’re calling it the golden fleet, that we’re building for the United States Navy. As you know, we’re desperately in need of ships. Our ships are, some of them have gotten old and tired and obsolete, and we’re going to go the exact opposite direction. They’ll help maintain American military supremacy, revive the American shipbuilding industry, and inspire fear in America’s enemies all over the world. We want respect.

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President Trump announced on Monday the construction of new warships for the U.S. Navy he called a “golden fleet.” Navy officials said the vessels would notionally have the ability to launch hypersonic and nuclear-armed cruise missiles.

By Nailah Morgan

December 23, 2025

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Commentary: ‘It’s a Wonderful ICE?’ Trumpworld tries to hijack a holiday classic

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Commentary: ‘It’s a Wonderful ICE?’ Trumpworld tries to hijack a holiday classic

For decades, American families have gathered to watch “It’s a Wonderful Life” on Christmas Eve.

The 1946 Frank Capra movie, about a man who on one of the worst days of his life discovers how he has positively impacted his hometown of Bedford Falls, is beloved for extolling selflessness, community and the little guy taking on rapacious capitalists. Take those values, add in powerful acting and the promise of light in the darkest of hours, and it’s the only movie that makes me cry.

No less a figure of goodwill than Pope Leo XIV revealed last month that it’s one of his favorite movies. But as with anything holy in this nation, President Trump and his followers are trying to hijack the holiday classic.

Last weekend, the Department of Homeland Security posted two videos celebrating its mass deportation campaign. One, titled “It’s a Wonderful Flight,” re-creates the scene where George Bailey (Jimmy Stewart in one of his best performances) contemplates taking his own life by jumping off a snowy bridge. But the protagonist is a Latino man crying over the film’s despairing score that he’ll “do anything” to return to his wife and kids and “live again.”

Cut to the same man now mugging for the camera on a plane ride out of the United States. The scene ends with a plug for an app that allows undocumented immigrants to take up Homeland Security’s offer of a free self-deportation flight and a $1,000 bonus — $3,000 if they take the one-way trip during the holidays.

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The other DHS clip is a montage of Yuletide cheer — Santa, elves, stockings, dancing — over a sped-up electro-trash remake of Mariah Carey’s “All I Want for Christmas is You.” In one split-second image, Bedford Falls residents sing “Auld Lang Syne,” just after they’ve saved George Bailey from financial ruin and an arrest warrant.

“This Christmas,” the caption reads, “our hearts grow as our illegal population shrinks.”

“It’s a Wonderful Life” has long served as a political Rorschach test. Conservatives once thought Capra’s masterpiece was so anti-American for its vilification of big-time bankers that they accused him of sneaking in pro-Communist propaganda. In fact, the director was a Republican who paused his career during World War II to make short documentaries for the Department of War. Progressives tend to loathe the film’s patriotism, its sappiness, its relegation of Black people to the background and its depiction of urban life as downright demonic.

Then came Trump’s rise to power. His similarity to the film’s villain, Mr. Potter — a wealthy, nasty slumlord who names everything he takes control of after himself — was easier to point out than spots on a cheetah. Left-leaning essayists quickly made the facile comparison, and a 2018 “Saturday Night Live” parody imagining a country without Trump as president so infuriated him that he threatened to sue.

But in recent years, Trumpworld has claimed that the film is actually a parable about their dear leader.

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Trump is a modern day George Bailey, the argument goes, a secular saint walking away from sure riches to try to save the “rabble” that Mr. Potter — who in their minds somehow represents the liberal elite — sneers at. A speaker at the 2020 Republican National Convention explicitly made the comparison, and the recent Homeland Security videos warping “It’s a Wonderful Life” imply it too — except now, it’s unchecked immigration that threatens Bedford Falls.

The Trump administration’s take on “It’s a Wonderful Life” is that it reflects a simpler, better, whiter time. But that’s a conscious misinterpretation of this most American of movies, whose foundation is strengthened by immigrant dreams.

Director Frank Capra

(Handout)

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In his 1971 autobiography “The Name Above the Title,” Capra revealed that his “dirty, hollowed-out immigrant family” left Sicily for Los Angeles in the 1900s to reunite with an older brother who “jumped the ship” to enter the U.S. years before. Young Frank grew up in the “sleazy Sicilian ghetto” of Lincoln Heights, finding kinship at Manual Arts High with the “riff-raff” of immigrant and working-class white kids “other schools discarded” and earning U.S. citizenship only after serving in the first World War. Hard times wouldn’t stop Capra and his peers from achieving success.

The director captured that sentiment in “It’s a Wonderful Life” through the character of Giuseppe Martini, an Italian immigrant who runs a bar. His heavily accented English is heard early in the film as one of many Bedford Falls residents praying for Bailey. In a flashback, Martini is seen leaving his shabby Potter-owned apartment with a goat and a troop of kids for a suburban tract home that Bailey developed and sold to him.

Today, Trumpworld would cast the Martinis as swarthy invaders destroying the American way of life. In “It’s a Wonderful Life,” they’re America itself.

When an angry husband punches Bailey at Martini’s bar for insulting his wife, the immigrant kicks out the man for assaulting his “best friend.” And when Bedford Falls gathers at the end of the film to raise funds and save Bailey, it’s Martini who arrives with the night’s profits from his business, as well as wine for everyone to celebrate.

Immigrants are so key to the good life in this country, the film argues, that in the alternate reality if George Bailey had never lived, Martini is nowhere to be heard.

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Capra long stated that “It’s a Wonderful Life” was his favorite of his own movies, adding in his memoir that it was a love letter “for the Magdalenes stoned by hypocrites and the afflicted Lazaruses with only dogs to lick their sores.”

I’ve tried to catch at least the ending every Christmas Eve to warm my spirits, no matter how bad things may be. But after Homeland Security’s hijacking of Capra’s message, I made time to watch the entire film, which I’ve seen at least 10 times, before its customary airing on NBC.

I shook my head, feeling the deja vu, as Bailey’s father sighed, “In this town, there’s no place for any man unless they crawl to Potter.”

I cheered as Bailey told Potter years later, “You think the whole world revolves around you and your money. Well, it doesn’t.” I wondered why more people haven’t said that to Trump.

When Potter ridiculed Bailey as someone “trapped into frittering his life away playing nursemaid to a lot of garlic eaters,” I was reminded of the right-wingers who portray those of us who stand up to Trump’s cruelty as stupid and even treasonous.

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And as the famous conclusion came, all I thought about was immigrants.

People giving Bailey whatever money they could spare reminded me of how regular folks have done a far better job standing up to Trump’s deportation Leviathan than the rich and mighty have.

As the film ends, with Bailey and his family looking on in awe at how many people came to help out, I remembered my own immigrant elders, who also forsook dreams and careers so their children could achieve their own — the only reward to a lifetime of silent sacrifice.

The tears flowed as always, this time prompted by a new takeaway that was always there — “Solo el pueblo salva el pueblo,” or “Only we can save ourselves,” a phrase adopted by pro-immigrant activists in Southern California this year as a mantra of comfort and resistance.

It’s the heart of “It’s a Wonderful Life” and the opposite of Trump’s push to make us all dependent on his mercy. He and his fellow Potters can’t do anything to change that truth.

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