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1/ Another part of Patrick's question was whether Trump will do time. I also see people asking about whether members of Congress who have been shielding Trump have also committed crimes. There is even anticipation of mass indictments and arrests.
2/ Knowingly shielding someone who has committed crimes can itself be a crime, depending on the circumstances.
Parsing it out will require a lengthy thread, so let's assume for the sake of argument, that some of the shielding has been criminal.
Parsing it out will require a lengthy thread, so let's assume for the sake of argument, that some of the shielding has been criminal.
3/ There are serious problem with bringing "all" the perpetrators to justice. Among other things it would (probably) not be wise.
Recall the concept of prosecutorial discretion. For a variety of reasons, not all crimes committed are brought to trial.
definitions.uslegal.com/p/prosecutoria…
Recall the concept of prosecutorial discretion. For a variety of reasons, not all crimes committed are brought to trial.
definitions.uslegal.com/p/prosecutoria…
4/ You see, there are a few complications. Complication #1: The people who are committing these "crimes" (shielding a lawbreaking president) now hold the highest offices in the land.
5/ The drafters of the Constitution considered the possibility that a president might be elected who committed crimes or was beholden to foreign interests. That’s why they included a remedy in the Constitution: Congress acts as a check on presidential power.
6/ If Congress fails to act as a check, and instead shields the president, the Constitution envisions that it is up to the voters to correct that problem in the next election.
The task of correcting this problem shouldn't really fall to prosecutors.
The task of correcting this problem shouldn't really fall to prosecutors.
7/ Problem #2: A significant percentage of Americans see the people committing these "crimes" as heroes. If, say, 80% of Americans were enraged by the fact that Russia selected (and installed) our president, removing him and bringing his pals to justice would be easy.
8/ Problem #3: Members of the GOP may genuinely believe America's interests are more closely aligned to Putin than the European Union. There were lots of Americans in the 1930s who wanted America to align with Hitler's Germany.
9/ That's why, in the end, it has to come back to the voters. What kind of America do most voters want? Putin's America? or liberal democracy?
(lots of people really don't want liberal democracy.)
(lots of people really don't want liberal democracy.)
