There’s no good reason Merrick Garland should bow out of a Trump prosecution. Richard W. Painter explains why.
to overturn the election in December 2020 and then incitement of insurrection on Jan. 6.
There is also a wide range of other criminal charges that should be considered in connection with conduct before and after the 2020 election. Potential charges include extortion and solicitation of a bribe , solicitation of election fraud in November 2020, obstruction of an official proceeding , fraud against the U.S., coercion of political activity by federal officials before and after the 2020 election and false statements to federal officials.
Once again, the decision about whether or not to prosecute a former president is a legal decision, not a political decision. The Constitution provides for one and only one legitimate way for politics to determine a prosecution decision: the pardon power. A president who believes prosecution of his predecessor would do grave political damage and divide the nation can pardon his predecessor. President Gerald Ford did just that in.
Many Americans would strongly oppose Biden’s granting a pardon to Trump, but that is his decision, not Garland’s. Pardon is the only proper mechanism the Constitution provides for politics to enter federal prosecutorial decisions. In sum, it is critical that Garland do the job that he was sworn to do — to uphold the law. If serious crimes are committed by anyone, those crimes should be prosecuted. Politics is not an exception to the criminal laws of the U.S. Powerful people, including presidents and former presidents, areGarland should proceed with respect to Trump as recommended by career Justice Department prosecutors.
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