Donald Trump's new reality [View all]
By George T. Conway III
JANUARY 22, 2021
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As Trump himself well understands. Long-standing Justice Department opinions hold that presidents cant be prosecuted while they are in office. Given that any such protection was temporary, some of Trumps advisers believed that one reason he decided to seek reelection was to avoid criminal exposure. Indeed, in the weeks leading up to Novembers election, Trump reportedly confessed to advisers that he was worried about being prosecuted.
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Trumps problem is ours as well: How the Biden administration addresses these issues will have long-lasting implications for the rule of law in America.
President Biden himself should stay out of it, and rightly seems intent on doing so. His Justice Department, however, cant and shouldnt. Previous presidents and previous prosecutors gave former presidents a break for their misdeeds: President Gerald Ford pardoned Richard M. Nixon; independent counsel Robert W. Ray (Kenneth W. Starrs successor) reached a plea deal with President Bill Clinton on Clintons last day in office.
Trump deserves no such grace. His wrongs are far too many to ignore. His demonstrated contempt for the constitutional and legal order is simply too great. That was clear enough before Trumps repellent and possibly criminal efforts to overturn the election results, for which he was duly impeached. Now, an effort to hold Trump to account in the criminal justice system is essential and unavoidable.
To deal with Trump, and to do so fairly, Attorney General-designate Merrick Garland, once confirmed, will need to use the mechanism of a special counsel. Indeed, given the astonishing breadth of Trumps wrongdoing, Garland may need to appoint more than one to get the job done swiftly and thoroughly. What follows is a guide to how and why the case or cases, United States v. Donald John Trump, must be pursued.
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https://www.washingtonpost.com/opinions/2021/01/22/trump-charges-george-conway/