Should Trump be indicted

Should Trump be indicted?

We have set forth the considerations which we believe argue strongly for the indictment and prosecution of Donald Trump for his election-related and other crimes, and for the prosecution of his Republican co-conspirators who joined him in a vast conspiracy to overthrow the election and the Constitution of the United States.
We are faced with a Democratic conspiracy of silence regarding whether Trump should be indicted. It is not a criminal conspiracy, like Trump’s conspiracy to overthrow the election and the Constitution, but it is a conspiracy in the broader sense of the term.
Let us now consider the arguments for not prosecuting Trump and his co-conspirators.


The indictment of Trump: The Democratic wall of silence begins to break

See, 1) Laurence H. Tribe, Barbara McQuade and Joyce White Vance, “Here’s a roadmap for the Justice Department to follow in investigating Trump,” Washington Post,…


Should Trump be indicted? REVISED — A comprehensive evaluation of the arguments

A fundamental norm of a democratic state governed by law is that the authors of serious crimes must be prosecuted and sent to prison if found guilty. This rule should apply no matter who they are.

Both President Joe Biden and Attorney General Merrick Garland have solemnly stated (Garland under oath) that they would not let political considerations influence Department of Justice decisions on whether or not to prosecute individuals.

Both Biden and Garland have violated these promises, in a most egregious and blatant manner, by refusing to prosecute Donald Trump and his co-conspirators.

There appears to be an iron-clad agreement between President Biden, Attorney General Garland, and Democrats in Congress, not to raise this issue, that is, not to even talk about it.

What, indeed, might be the arguments against prosecuting Trump and his Republican co-conspirators?

As there has been virtually no public discussion of the reasons that have led the Democrats to refrain from indicting Trump and his co-conspirators for their apparent crimes, the disadvantages of this course of action have not been articulated or discussed seriously in the media.