Former Attorney General Eric Holder said once the 1/6 investigation is complete, Trump will meet the standards for indictment and prosecution.
The Attorney General said on MSNBC, “I do not think there is any doubt that, as I said, at the end of this investigative process, you will find that Donald Trump has done the necessary things to satisfy all the elements, the variety of statutes and even we have shown them the required intent in the to do it. The difficult question will be whether we will indict him or not, given the fact that we have never done so and the history of ours, of this nation. “
Holder was asked why it is a difficult question for the DOJ to prosecute Trump, and he replied: “Indicting a former president does a lot of things. It will be incredibly divisive. In many ways it undermines the continuity we have had. But what you said at the start of the show, the idea that the attorney general would look back on a previous administration and think about going after, is what happens in other republics and other nations. We don’t do this in the United States. We may vehemently disagree with policies that require administration to be implemented, but to prosecute people in previous administrations, a president of a previous administration is something we have never done. And frankly, really never really considered. “
The problem of the institutional precedent and the indictment of Donald Trump
Since the Constitution has stood the test of time as a general document, our system of government relies heavily on institutional norms and precedents.
The titular attorney general did not say there was anything in the constitution or the law that would prevent the The Justice Department of having indicted and prosecuted Trump, but the institutional precedent within the DOJ and the federal government itself makes the decision difficult.
Holder had to talk about the possibility of indicting and prosecuting Trump because the investigation into the 1/6 events is not complete, but during his presidency it should be noted that Trump broke precedents and rules.
Trump’s presidency has been unprecedented in terms of willingness to break the laws and ignore the rules, so given this context, it is impossible to justify using institutional precedents to determine whether to indict Trump or not.
There has never been a president who has committed such violations of the law. Trump’s crime and coup attempt were unprecedented. Donald Trump must be treated as a unique case that must be prosecuted to prevent his behavior from becoming the future presidential norm.
Mr. Easley is the managing editor. He is also a White House press pool and congressional correspondent for PoliticusUSA. Jason has a BA in political science. His undergraduate work has focused on public policy, with a specialization in social reform movements.
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