Law is Not in a Hurry

 One of the most difficult things to explain to clients is that the legal process does not provide immediate gratification or results. It takes time. That is an especially good thing in criminal matters because, as career prosecutors will tell you, time is required to allow all the facts and evidence to come forward. Does the system always work? Of course not, but the odds of obtaining full justice are greatly increased when you are deliberate in your actions.

Consider that as you watch the initial charges being brought against the Capital rioters. I’ve read many comments decrying the fact that some of the most egregious offenders have only been charged with minor infractions. At this stage in the investigation, prosecutors are simply assembling the group of people who are involved in illegal activity. As more facts received and evaluated, more charges will follow, especially for those engaged in the most abhorrent activity. Complicating their work is the fact that there is a host of charges that may come into play, ranging from murder, sedition, criminal conspiracy and RICO to the more mundane illegal entry. Again, be patient.

Some have suggested that the rioters acted with impunity because they believed Trump would pardon them anyway. The number of reasons why this is wrong is myriad.

First, it is not in Trump’s personal best interest to do so. He is facing a number of potential charges already, including possible impeachment. Pardoning these offenders would only increase his personal liability.

Second, the criminal activity is not just federal. Violation of state or local laws are not covered by a Presidential pardon.

Third, some of the activity may give rise to civil liability (money damages). These are also not covered by a Presidential pardon.

Fourth, the identification of the perpetrators has independent ramifications to personal reputations. We have already seen public officials resign, and individuals have been fired.

Looking forward to the next week, we have reason to be concerned that the crazies will attempt something. However, the people who wanted to peacefully protest at the Capital last week (and there were a lot of them) will not want to be anywhere near the place. This will make it easier for the police to deal appropriately with those who arrive. [Written on January 10, 2021]