Rick Hasen: “It is hard to overstate the stakes riding on this indictment and prosecution. New polling from the New York Times shows that Trump not only has a commanding lead among those Republicans seeking the party’s presidential nomination in 2024; he remains very competitive in a race against Joe Biden.”
“After nearly a decade of Trump convincing many in the public that all charges against him are politically motivated, he’s virtually inoculated himself against political repercussions for deadly serious criminal counts. He’s miraculously seen a boost in support and fundraising after each indictment (though recent signs are that the indictments are beginning to take a small toll). One should not underestimate the chances that Donald Trump could be elected President in 2024 against Joe Biden—especially if Biden suffers any kind of health setback in the period up to the election—even if Trump is put on trial and convicted of crimes.”
“A trial is the best chance to educate the American public, as the January 6 House committee hearings did to some extent, about the actions Trump allegedly took to undermine American democracy and the rule of law. Constant publicity from the trial would give the American people in the middle of the election season a close look at the actions Trump took for his own personal benefit while putting lives and the country at risk.”
“It, of course, also serves the goals of justice and of deterring Trump, or any future likeminded would-be authoritarian, from attempting any similar attack on American democracy ever again.”
