To Prosecute or Not to Prosecute: Restoring Faith in American Institutions by Taking Trump to Court
In an opinion piece former Pennsylvanian republican congressman and CNN contributor Charlie Dent urged the incoming administration to avoid prosecuting president Trump post-inauguration. He argued doing so would help Biden fulfill his goal of “restoring the soul of the nation.” He writes, “Not putting pressure on the US Department of Justice to prosecute Trump will be unpopular with much of the Democratic base, but it may be necessary to steer the ship of state from turbulent and dangerous waters.” Biden has echoed this sentiment and it is the most likely scenario moving forward. I do not question either Biden or Dent’s intention; polarized and in crisis the nation is in need of amenable cooperative governance. However, I fear that this attitude so sourly fails to recognize how we got here. To simply go “back to normal,” as purported by the “Brunch Liberal’s” and Lincoln Project republicans alike, does too little to rebuild trust already lost and poorly estimates the challenges a post-presidency Donald Trump will induce.
Choosing not to prosecute Trump on justifiable cases does not aid the restoration process. American’s trust in institutions has decayed and the president's governing played no small part. Americans on a daily basis watched intentional subversion executed by the highest office. A reality that cannot be whitewashed. The president's brazen displays of nepotism, loopholing of emoluments, and slapdash management of the executive branch are not merely departures from norms. Presidential immunity and internal muzzling of executive staff protected this administration. How can we ignore the criminality that has surrounded the president now? The justice department by pursuing proper and legitimate legal action delivers transparency where there hasn’t been and helps to restore faith in of our government.
As a counter, Dent’s suggests that legal action, “...would invite a severe backlash. Trump and his supporters would cry "witch hunt," which is hard to deny. However, these same supporters already do not accept this election's result. Backlash is a near guarantee regardless, and just like this attitude Trump himself is here to stay. Trump received nearly 74 million votes, he is the single most popular figure in the Republican party, and his post president plans center between a media venture and 2024 presidential run. Dent refers to as the, “Vanquished opponent,” but even after an election defeat Trump is far from vanquished. Failing to prosecute Trump is not only permitting the last four years, but to allow for Trump to continue to dominate the political atmosphere for the next four years unchallenged. To believe that Trump would go gentle into the night come January is not only wishful but out of touch with reality.
This is most clear when Dent speaks of Trump’s legacy, “Though Trump has denied any quid pro quo, impeachment will forever be a stain on Donald Trump's record, reputation and legacy. And it will hurt.” As it stands this couldn’t be further from the truth. Trump has spent months gaslighting. Any damage impeachment caused was undone by the Senate’s acquittal. It is evident that he has been effective too, Biden failed to pursue the subject in any meaningful way on the campaign trial. A failed impeachment is just that. To the contrary, any hope of having the impeachment stick will come down to further investigation. In contrast to the political theatrics of the impeachment trial, real day in court would deliver a proper reckoning for the president actions.
It is understandable that Republicans who have been on the outs of their own party since Trump's inauguration would hope to see a return of their party. However, even with Trump heading out the door the Republican party has seen foundational changes. For every Mitt Romney, John Kasich and Charlie Dent there is now a Rick Scott, Matt Gaetz or Marjorie Taylor Greene. The government that Biden is returning to isn’t the government he had left in 2016. Pretending the last four years were simply an aberration only makes it that much more difficult to right the ship moving. The rejection of Trump started with the election win, but requires continued efforts. Transparency is a cure and the courts are a viable vehicle to deliver it despite the backlash it may cause. Prosecute Trump on any meaningful charges that existy. With the legal system already giving him so much strife for the last four years; it seems fitting for Trump to remain wrapped up there for the next four years.