General Discussion
In reply to the discussion: Abso-fucking-lutely Biden should not use his power to go after Trump. [View all]The Velveteen Ocelot
(115,681 posts)The president - any president - should stay out of DoJ's decisions regarding investigations and whom to prosecute. James Comey (whatever you might think of him, he's right about this) said that after Obama had finished interviewing him, he (Obama) told him that they could have no more direct conversations, because it would be inappropriate for a president to be involved, or even seem to be involved, in criminal investigations and prosecutions. If the FBI or other law enforcement agency receives evidence that Trump might have committed a crime, they will investigate, quietly and without any involvement of the president. If they find evidence to turn over to a U.S. Attorney, they will do so, again without informing or involving the president. If the U.S. Attorney decides to call a grand jury, that is also their decision. It can't be political or even carry the faintest whiff of the political - although that accusation will be made, regardless.
What I think will happen is that Trump will pardon himself, which, of course, won't save him from state prosecutions. But it gets Biden and his DoJ completely off that hook because they have no control over what the Manhattan D.A. does. If Trump is prosecuted and convicted in a New York state court, he would go to a much less pleasant prison than if the Feds got him. Realistically, though, I don't think he'll spend a day in prison - but he could be subject to civil forfeiture, which would be almost as painful for him.