TO: Merrick Brian Garland – United States Attorney General

I hold the highest regard for your personal integrity.  Yet, with due regard for your years of dedicated service to the rule of law, I am forced to say: You are now presiding over the closing days of the American Republic.

On January 6, President Donald Trump incited a treasonous attack on the United States Capitol Building. There, the United States Senate, with Vice President Mike Pence presiding, would certify states’ Electoral College results of that election.

Since former Vice President Joseph Biden had gotten 306 votes compared to 232 for Trump, the outcome was already known. And Trump, who had often “joked” about becoming “President-for-Life,” wanted that verdict overturned.

The Stormtrumpers marched to the United States Capitol—and quickly brushed aside Capitol Police, who made little effort to arrest or shoot them.

Among their outrages:

Stormtrumpers scaling Capitol Building walls

• Several rioters carried plastic handcuffs, possibly intending to take hostages.
• Others carried treasonous Confederate flags.
• Shouts of “Hang Pence!” often rang out.
• Improvised explosive devices were found in several locations in Washington, D.C.
• Many of the lawmakers’ office buildings were occupied and vandalized—including that of House Speaker Nancy Pelosi, a favorite Right-wing target.

More than three hours passed before police—using riot gear, shields and batons—retook control of the Capitol.  

And Trump? After giving his inflammatory speech, he returned to the White House—to watch his handiwork on television. He initially rebuffed requests to mobilize the National Guard. 

So what has happened during the eight months since that treasonous attack?

By September 24, 654 Stormtrumpers have been arrested and charged.

• At least 74 defendants have pleaded guilty.
• At least 22 have pleaded guilty to misdemeanors.
• Six have pleaded guilty to felonies.
• Three defendants have been sentenced: One drew a sentence of eight months for a felony. Two were sentenced for misdemeanor charges.
• Another was sentenced to three years probation and no jail time.
• Another was sentenced to six months imprisonment, but was credited for the time he had already spent in jail awaiting trial.

Yet no major Trump supporter has been arrested, let alone indicted.

• NOT Trump’s attorney, Rudy Giuliani, who cried to the demonstrators, “Let’s have trial by combat!”
• NOT Donald Trump, Jr., who, just hours before the Trump mob stormed Congress, threatened Republican lawmakers at a large rally outside the White House: “These guys better fight for Trump. Because if they’re not, guess what? I’m going to be in your backyard in a couple of months!”
• NOT Rep, Mo Brooks (R-Ala.) who incited the Trump crowd with: “Today is the day American patriots start taking down names and kicking ass!”
• And, above all, NOT Donald Trump. He not only incited his followers to attack the Capitol, he has spent the last six months spreading poisonous lies that the 2020 election was “stolen” from him through “massive” voter fraud. As a result, he continues to undermine the democratic process as he terrorizes the Republican party to stand behind him.

There is a historical precedent for this, and it does not bode well for our Republic.

On November 9, 1923, Nazi Party Fuhrer Adolf Hitler tried to overthrow the government in Munich, Bavaria.

About 2,000 Nazis marched to the center of Munich, where they confronted heavily-armed police. A shootout erupted, killing 16 Nazis and four policemen. 

Hitler was injured during the clash, but managed to escape. Two days later, he was arrested and charged with treason.

Put on trial, he found himself treated as a celebrity by a judge sympathetic to Right-wing groups. He was allowed to brutally cross-examine witnesses and even make inflammatory speeches.

At the end of the trial, he was convicted of treason and sentenced to five years’ imprisonment.

Serving time in Landsberg Prison, in Bavaria. he wrote his infamous book, Mein Kampf-–“My Struggle.” Part autobiography, part political treatise, it laid out his future plans—including the extermination of the Jews and the conquest of the Soviet Union.

Adolf Hitler leaving Landsberg Prison, December, 20, 1924

Nine months later, he was released on parole—by authorities loyal to the authoritarian Right instead of the newly-created Weimar Republic.

Hitler immediately began rebuilding the shattered Nazi party—and deciding on a new strategy to gain power. Never again would he resort to armed force. He would win office by election—or intrigue.

On January 30, 1933, those intrigues made him Chancellor of Germany. 

Writes historian Volker Ullrich, in his monumental 2016 biography, Hitler: Ascent 1889 – 1939: “Historians have perennially tried to answer the question of whether Hitler’s rise to power could have been halted….

“There were repeated opportunities to end Hitler’s run of triumphs. The most obvious one was after the failed Putsch of November 1923. Had the Munich rabble-rouser been forced to serve his full five-year term of imprisonment in Landsberg, it is extremely unlikely that he would have been able to restart his political career.”

Thus, it isn’t just what happens that can influence the course of history. Often, it’s what doesn’t happen that has at least as great a result.

The United States Justice Department now faces the same choice faced by the judges of the Weimar Republic: Enforce the law against a ruthless tyrant—or stand by while he mounts a comeback.