Donald Trump can only be halted by politics, not the law, as his unconventional approach will otherwise continue to serve as a potent weapon in both the political and legal arenas. Both Ms. Letitia James and Mr. Jack Smith must recognize this simple fact and invest their time in a more productive endeavor, like pursuing the prosecution of the criminals causing havoc in New York and Washington.
As a fellow Republican, I share the sentiments of many who were troubled by the events that transpired at the United States Capitol on January 6, 2021. It is crucial to acknowledge that the resolution to the issues surrounding Donald Trump lies not solely within the confines of the law but also within the realm of politics. Both Ms. Letitia James and Mr. Jack Smith must come to terms with this reality.
Upon reading the recent criminal indictment
against Donald Trump, one cannot help but experience a potent mixture of
emotions. These include a sense of bewilderment, dismay, and exhaustion,
particularly when confronted with the sheer volume and absurdity of his claims
regarding the 2020 election. Yet, amid these emotions, an unexpected sentiment
arises: nostalgia. It harks back to a time when American politics appeared far
more stable.
In an unprecedented political test not
witnessed since the Civil War, the center and even the right maintained their
ground. Remarkably, figures within the White House, including Mr. Trump's own
vice-president, Mike Pence, displayed resistance to his actions. Kevin
McCarthy, the former Republican House leader, openly attributed responsibility
to Mr. Trump for the Capitol attack by "mob rioters." This reflection
offers a glimmer of hope when viewed in retrospect.
Even more encouragingly, in states like
Arizona, Georgia, Michigan, and Pennsylvania, lesser-known Republican officials
upheld their integrity, acting independently and rebuffing the entreaties and
threats of a president they once supported. Lee Chatfield, the Michigan House
speaker, illustrated this point with his statement that although he had a
strong desire for Trump to win, he also held a deep love for our republic. He
expressed his inability to comprehend the idea of endangering America’s established
norms, traditions, and institutions, expressing concern that such a course of
action could result in a permanent loss of our nation.
Fast-forwarding three years, it is evident
that Mr. Trump has consolidated a stronger position, presenting a plausible
route back to the White House. This isn't despite his efforts to challenge the
previous election but rather because of them. He has unwaveringly clung to his
sometimes illogical and baseless arguments and beliefs, relying on his ability
to exploit the less noble aspects of human nature. Even before Mr. Jack Smith,
the special counsel investigating Mr. Trump, announced the new charges, Mr.
McCarthy was already attempting to discredit them, framing them as an attempt
by Joe Biden to "weaponize government."
In response to the indictment, Jesse Watters,
who replaced Tucker Carlson at Fox News, characterized it as a politically
motivated scheme, echoing Mr. Trump's talking points. Mr. Trump argues that the
prosecution is politically corrupt, that his claims are protected by the Bill
of Rights as free speech, and that he was not lying because he genuinely
believed the election was stolen—an assertion he still maintains. He may only
need to convince one juror of his belief, drawing upon his past success in
selling questionable products. His actions are already eroding faith in the
law, much as he eroded faith in the electoral system.
Mr. Trump's political strategy and legal strategy
are intrinsically intertwined, reinforcing each other by perpetuating delusions
that resonate with a significant portion of the Republican base. Polls indicate
that many Republicans share these beliefs, including the idea that Mr. Trump is
a victim of a conspiracy aimed at preserving the privileges of entrenched
elites against his insurgent politics. His ascent within the Republican ranks began
after his initial indictment on business-fraud charges in Manhattan (I actually
wrote an article about it in the past).
The growing number of felony counts against
him—currently standing at 78 with the potential for more—are depleting his
campaign funds. However, Democrats may be overly optimistic in hoping that
these charges will distract him from the campaign trail. In 2024, the Trump
trials are poised to become a central focus, drawing attention to him and his
message of unwavering defiance in the face of perceived persecution.
A natural question to ask at this point is
this: What might break this spell? A conviction could potentially shake
even some Republican confidence in Mr. Trump's suitability for office. Yet, as
has been the case since his political ascent began, the most effective
safeguard against his return to the White House would be for other Republican
leaders to emulate the honesty demonstrated by those state officials after the
2020 election.
Some of Mr. Trump's less likely rivals for
the Republican nomination have already voiced their belief that the indictment
demonstrates his unfitness for office. Mr. Pence firmly stated that anyone who
places themselves above the Constitution should not hold the presidency of the
United States. Despite this, some individuals have either aligned themselves
with or tried to downplay the significance of the accusations. For instance,
Florida Governor Ron DeSantis opted to contest the supposed interconnected
power structures that were allegedly suppressing Mr. Trump. He advocated for
systemic changes that would allow Americans to move cases from Washington to
their own "home districts."
The Real Deal
Both Republicans and Democrats have fallen
into a common trap, hoping that the legal system would ultimately be the remedy
to halt the influence of Mr. Trump. A glaring example of this was seen after
the shocking attack on the U.S. Capitol, when Mitch McConnell, who was then, as
he is now, the Senate Republican leader, publicly held Mr. Trump
"practically and morally responsible" for the events that transpired.
However, when it came to the critical moment of voting on the impeachment
charge of inciting an insurrection, McConnell opted to acquit Mr. Trump, arguing
that the matter should be left for the justice system to address. This decision
proved to be fateful, as it essentially amounted to outsourcing the problem of
Donald Trump's impact on American democracy to the legal process.
The truth has remained that this outsourcing
strategy has had far-reaching consequences. Rather than diminishing his
influence, it has paradoxically exposed more American institutions to Mr.
Trump's influential and political power. By placing faith in the legal system
alone, both Republicans and Democrats may have inadvertently allowed Mr. Trump
to continue wielding his significant political sway, unburdened by the
consequences of his actions. As a result, both the Democrats and the Republicans
will continue to face the challenge of finding more comprehensive and effective
means to address the complex issues posed by a figure who transcends
conventional political boundaries and tests the resilience of democratic
institutions.
Democrats also face a challenging
responsibility. They should match the Republicans' fervor by calling for a
thorough examination of Hunter Biden's business ventures. Thus far, no credible
evidence has come to light indicating that President Biden personally benefited
from his son's leveraging of the family name. It's crucial to underscore that
there is no ethical equivalence between Hunter Biden's questionable influence
activities, or the appearance thereof, and Mr. Trump's efforts to undermine
democratic processes. However, overlooking Hunter Biden's questionable conduct
and downplaying any potential legal infractions inadvertently advances Mr.
Trump's agenda by eroding public trust in the impartial administration of
justice.
In essence, Democrats find themselves in a
delicate position where they must demonstrate their commitment to transparency
and accountability. By actively pursuing a rigorous investigation into Hunter
Biden's business dealings, they can not only uphold their own standards of
integrity but also strengthen the broader perception of fairness within the
legal system. It is essential for both parties to prioritize the rule of law and
maintain public confidence in the impartiality of investigations, regardless of
political affiliation, to ensure the continued health and vitality of American
democracy.
On August 1st, Mr. Smith's succinct message
to the public served as a poignant reminder of the vulnerabilities exposed
during the harrowing events of January 6th. It highlighted the courageous
efforts of law-enforcement officials who valiantly safeguarded the foundations
of American democracy. In his statement, Mr. Smith emphasized how these
dedicated individuals defended not only physical institutions but also the
fundamental principles that define the United States as a nation. Their
unwavering commitment was a testament to the resilience and strength of
American democracy, even in the face of unprecedented challenges.
Both Ms. Letitia James and Mr. Jack Smith
should acknowledge the undeniable truth embedded in the fact that Donald Trump
can only be halted by politics, not the law. Specifically, they must recognize
that Mr. Smith's statement transcends the events of January 6th, as it
highlights an ongoing struggle for upholding the rule of law in the United
States. This principle, essential to democracy, currently faces its own array
of challenges. At this crucial juncture, the duty of preserving and fortifying
the rule of law falls squarely within the realm of politics. It is through the
political process that the nation must navigate the intricate landscape of
safeguarding democratic values and institutions. The rule of law serves as a
crucial foundation of American society, and safeguarding and strengthening it
necessitates united political efforts to ensure it remains a cornerstone upon
which the nation can continue to prosper and progress.
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