The Case for Indicting Donald Trump

Jonathan Bernstein: “Trump didn’t commit ordinary crimes (well, he probably did, and that weighs on all of this too, but it’s not the main thing). He attempted to overturn an election that he had lost, and used the presidency to do so. That’s become clearer and clearer as the House committee investigating the assault on the US Capitol of Jan. 6, 2021 has presented its case.” 

“Experts seem to believe that the evidence is there and that conviction is likely for Trump’s efforts to pressure election officials to falsify results, to gin up slates of fake electors and to provoke the Capitol mob. And it’s highly relevant that Trump to this day, long after the election, continues to try to overturn the legitimate result. Prosecutors should take it into account if a person constantly takes to the biggest stages and in effect brags about his crimes and promises to commit them again if he has the chance…”

“If all of this sounds as if the ultimate decision by the Justice Department will be political in nature… well, that’s correct. Prosecutors have to balance the threat to the nation from indicting a former president against the threat to the nation of not doing so. Given the facts we’ve seen, it’s just not that hard a choice. Trump’s crimes are too important, and too dangerous, to ignore.”