I've heard it said that Garland's biggest fear is acquittal, which could have consequences more devastating than not charging at all.

His second biggest fear would be a hung jury, which I think would be a pretty expected outcome given the polarization in our nation.

Garland has to prove Trump's mental state in order to satisfy the elements of the crime he's considering charging Trump with. The evidence I've seen so far would convince me to vote to convict. I believe Trump tried to illegally subvert an election he knew he lost.

All you need for a hung jury is one Trump supporter (and there will be Trump supporters on any jury) to vote for acquittal based on the theory that Trump believed advisors who told him massive fraud took place.

I want Trump to be charged, tried, and convicted. I believe senior leaders at the DOJ, including Garland, fear for the consequences to democracy if Trump is charged and then walks away from his trial a free man.

That would embolden other leaders to behave like Trump when they lose elections. Of course, not charging Trump would embolden people too, so Garland is in a difficult place.

The only good way out of this is a smoking gun, some piece of evidence that demonstrates clearly that Trump believed his advisors who told him the 2020 election results were fair and correct – instead of his advisors who told him the opposite.