Rachel Maddow caused an uproar online with a report on a DOJ memo.
The AG's memo doesn't mean the DOJ will not investigate or charge Trump.
Garland would want to review any actions taken against the former president.
Late Monday night, MSNBC host Rachel Maddow presented an exclusive report, saying that Attorney General Garland signed a memo in May that reiterates Justice Department policy that requires high-level approval of politically sensitive investigations.
As Trump weighs an early announcement of a third White House run, it immediately set off a storm on social media. For many, Maddow's report proved that Garland's Justice Department was stalling, and that Trump and his allies could avoid criminal accountability for their efforts to overturn the 2020 election.
Garland's memo didn't mean anything to legal experts.
Bradley Moss is a national security lawyer in Washington, DC.
Garland's memo was similar to guidance past attorneys general have given in election years. Garland's memo reminded the Justice Department of its longstanding policy of avoiding steps that could be perceived as partisan and designed to influence an election result.
In an election year, this is important. "Now that the election season is upon us, and as in previous election cycles, I am issuing this memo to remind you of the department's existing policies with respect to political activities."
The new requirement that the Justice Department leader approve any investigations into presidential candidates was added to the policy in February 2020.
In order to avoid a repeat of the FBI upending an election, Barr issued a memo. The Justice Department's internal watchdog found that the FBI failed to follow protocols in its attempt to investigate Carter Page.
According to Maddow, a new rule was established by Bill Barr when he worked for Donald Trump.
"Merrick Garland told every employee of the Justice Department that it's still in effect," she said.
Legal experts said that Barr's memo doesn't make a difference when it comes to probing Trump. Garland's memo doesn't prevent an indictment of Trump.
It's likely that Garland would have required his sign-off even if the memorandum didn't exist because Mr. Trump was a former president and many of the actions at issue took place while he was still in office.
As early as this month, Trump was considering a run for president. He wouldn't appear on the ballot until 2024, and legal experts told Insider that an active candidacy wouldn't likely protect him from criminal inquiries.
Legal experts pointed to a case in which the Justice Department brought charges against a political candidate. Ryan Kelley, a Republican candidate for governor of Michigan, was arrested by the FBI in June for his alleged involvement in the Capitol siege.
Garland has made it clear that federal prosecutors investigate crimes, not people, and that the Justice Department should no longer be involved in politics.
In a series of public hearings, the House committee investigating January 6 has aired damning evidence connecting Trump to the violence of the Capitol attack and established that the former president moved forward with his efforts to overturn the 2020 election. The pressure on Garland has only increased, with some calling for the Justice Department to shift its approach to one that starts with Trump and moves outward.
Andrew Weissmann is a senior prosecutor in the special counsel investigation into Russian interference in the 2016 election.
The approach sees the attack on the Capitol as an isolated riot, separate from other efforts by Donald Trump and his allies to overturn the election.
Business Insider has an article on it.
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