Trump Should Be Prosecuted

Rick Hasen: “As with so many things in this presidency and president, the question is whether Trump is drinking his own Kool-Aid. Reading the entire one-hour rambling call transcript, it is hard to know if Trump actually believes the fever swamp of debunked conspiracy theories about the election or whether he’s just using the false claims as a cover to get the political results he wants…”

“Trump is the rare potential criminal defendant to have plausible deniability about whether he accepts truths as clear as gravity, making any prosecution difficult. Add onto that concerns of prosecutorial discretion for both the new Biden administration and Georgia officials, possible claims of legal immunity, a presidential self-pardon that could relieve Trump of liability under federal law, and other political hurdles, and a prosecution of Trump is unlikely.”

“Despite the long odds, I would hope at least Georgia prosecutors will consider going after Trump, or that the House of Representatives might impeach him again with the goal of disqualifying from running in 2024. Lack of prosecution or investigation demonstrates that there’s little to deter the next would-be authoritarian—perhaps a more competent one—from trying to steal an election. Trump came a lot closer than he should have this time, and next time we may not be so lucky.”