Merrick Garland
Andrew Harnik / Getty Images file

Democratic Senators Urge Garland to Preserve DOJ Records Ahead of Trump’s Return to Power

Democratic senators on the Senate Judiciary Committee on Monday urged Attorney General Merrick Garland to safeguard all records and materials related to the Justice Department’s investigations and prosecutions of President-elect Donald Trump. The request comes as Trump prepares to return to the White House later this month.

“As President-elect Trump has repeatedly made clear, he intends to swiftly shut down any investigations related to his alleged misconduct and involvement in 2020 election subversion efforts and his mishandling of classified documents,” the senators wrote in a letter to Garland.

Signed by 10 Democratic senators, the letter highlights Trump’s threats against former special counsel Jack Smith, who resigned last week, and the stated intentions of Pam Bondi, Trump’s pick to lead the DOJ, to target those involved in prosecuting Trump.

“In light of these threats, it is critical that the Department take immediate preservation steps related to these investigations and prosecutions,” the letter stated.

Merrick Garland
(Stefani Reynolds for The New York Times)

The plea coincides with the release of the first volume of Smith’s report early Tuesday, detailing his findings on Trump’s efforts to overturn the 2020 election. Smith defended his team’s work, asserting that they had collected sufficient evidence to secure a conviction if Trump were to face trial.

The second volume of the report, focused on Trump’s alleged mishandling of classified documents, remains unpublished. Garland has agreed to keep it private while the case against two of Trump’s co-defendants is ongoing. A hearing on this portion of the report is scheduled for Friday, overseen by Judge Aileen Cannon.

The senators emphasized that they may seek access to Smith’s full report and related records in the future. Trump, who has consistently opposed the release of Smith’s findings, lashed out at the former special counsel on Truth Social, writing, “Jack is a lamebrain prosecutor who was unable to get his case tried before the Election, which I won in a landslide. THE VOTERS HAVE SPOKEN!!!”

Smith resigned on Friday after moving to dismiss both cases against Trump following his November election victory. The DOJ confirmed Smith’s resignation, preempting Trump’s pledge to fire him upon returning to office.

This appeal to Garland underscores concerns among Democrats about the potential erasure of critical records and the implications for accountability and the rule of law as Trump reclaims the presidency.

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