THREAD: Should we expect Trump to be prosecuted for trying to overturn the election? Why or why not?
1/ Today I wrote a column for @POLITICOMag explaining why I think, based on what we know now, Trump is unlikely to be prosecuted for attempting to overturn the election. politico.com/news/magazine/…
2/ His actions were heinous and have done lasting damage to our democracy.
They merit investigation. But they don't fit neatly into existing statutes. There isn't a law on the books that was aimed at the sort of thing Trump did because his actions were unprecedented.
They merit investigation. But they don't fit neatly into existing statutes. There isn't a law on the books that was aimed at the sort of thing Trump did because his actions were unprecedented.
3/ That means that any prosecution of Trump would be a "first of its kind" case that tries to fit his actions into a statute that has never been used to prosecute this sort of activity.
I'm not saying that the DOJ would never bring such a case, but it's not likely it will.
I'm not saying that the DOJ would never bring such a case, but it's not likely it will.
4/ Why does this matter? Because our expectations can shape how we view what DOJ is doing (or not doing).
If we understand how hard it would be to prosecute Trump for undermining our democracy, we won't be shocked or angry when the DOJ fails to do so.
If we understand how hard it would be to prosecute Trump for undermining our democracy, we won't be shocked or angry when the DOJ fails to do so.
5/ The focus on a potential prosecution of Trump for this activity also takes the focus away from activity that is more readily prosecutable, like Trump's obstruction of justice as set forth in the Mueller Report.
6/ And if Trump won't be prosecuted, robust Congressional investigations that uncover what Trump did are even more important, because the outcome of a criminal investigation would not become public.
We need Congress to pass criminal statutes to ensure this never happens again.
We need Congress to pass criminal statutes to ensure this never happens again.
7/ This column was the most challenging one I've ever written. Trump's actions were more heinous than activity that can be readily prosecuted under existing criminal statutes. We need to come to grips with how our existing criminal laws do not fit conduct like his. /end
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