NYT: DONALD TRUMP IS NOT ABOVE THE LAW

[CousinIT]

PAYWALL: https://www.nytimes.com/2022/08/26/opinion/trump-documents-jan-6-prosecute.html
NO PAYWALL https://frankschaefferblog.com/2022/08/donald-trump-is-not-above-the-law/

. . .

No matter how careful Mr. Garland is or how measured the prosecution might be, there is a real and significant risk from those who believe that any criticism of Mr. Trump justifies an extreme response.

Yet it is a far greater risk to do nothing when action is called for. Aside from letting Mr. Trump escape punishment, doing nothing to hold him accountable for his actions in the months leading up to Jan. 6 could set an irresistible precedent for future presidents. Why not attempt to stay in power by any means necessary or use the power of the office to enrich oneself or punish one’s enemies, knowing that the law does not apply to presidents in or out of office?

More important, democratic government is an ideal that must constantly be made real. America is not sustained by a set of principles; it is sustained by resolute action to defend those principles.

Immediately after the Jan. 6 insurrection, cabinet members reportedly debated privately whether to remove Mr. Trump from power under the authority of the 25th Amendment. A week after the attack, the House impeached Mr. Trump for the second time. This editorial board supported his impeachment and removal from office; we also suggested that the former president and lawmakers who participated in the Jan. 6 plot could be permanently barred from holding office under a provision of the 14th Amendment that applies to any official who has “engaged in insurrection or rebellion” or given “aid or comfort” to those who have done so. But most Republicans in the Senate refused to convict Mr. Trump, and Congress has yet to invoke that section of the 14th Amendment against him. As a result, the threat that Mr. Trump and his most ardent supporters pose to American democracy has metastasized.

Even now, the former president continues to spread lies about the 2020 election and denounce his vice president, Mike Pence, for not breaking the law on his behalf. Meanwhile, dozens of people who believe Mr. Trump’s lies are running for state and national elected office. Many have already won, some of them elevated to positions that give them control over how elections are conducted. In June the Republican Party in Texas approved measures in its platform declaring that Mr. Biden’s election was illegitimate. And Mr. Trump appears prepared to start a bid for a second term as president.

[Skittles]

1. that remains to be seen

but I am a bit more hopeful...

[CousinIT]

2. VERY TRUE. The orange turd has never been held accountable for a damn thing in his life. Yet. n/t

[gab13by13]

3. I don't see any evidence that DOJ will prosecute Trump.

I never watch cable news on the weekend but I turned it on just to see what CNN and MSNBC were covering. Anchors who read from teleprompters, and coverage of Trump's treason, for the most part, was a 10 minute segment.

It's Steve Kornacki time, no time to deal with traitors, DOJ may hurt the Magat's chances of getting elected.

[rubbersole]

5. It's going to be nothing but bad news for repubs between now and November.

Plus the amazing number of women registering to vote is a good sign that democracy is getting stronger and sanity will prevail. (The real work has just begun. The young climate activists should be given all the help the boomers can muster. It's the least we can do.)

[uponit7771]

6. +1, I do see evidence that if they don't the DOJ will most likely be revamped in some way ...

... if democrats keep power.

They pretty much put their marker on the side of democracy and putting Putin's Whore in jail with the documents move.

The FBI? Unnnn

[kentuck]

4. Republican Presidents are above the law.

If Donald Trump was a Democrat, do you truly think he would not be in jail at this moment?

The law did not apply to Richard Nixon, Ronald Reagan, George W Bush, or Donald Trump.

The law is made for those Republicans to use, not to follow.

Until proven otherwise, Donald Trump is above the law.

[OldBaldy1701E]

7. Considering that this is probably the fourteenth editorial about the same topic...

I would have to agree with you. Otherwise, we would not have to keep saying it.

[uponit7771]

8. +1, was it the DOJ that went after Clinton for lying about a bj ?! They would throw Obama ...

... underneath the jail if he thought about doing half of what Benedict Donald has done.

[fightforfreedom]

9. The only way we can end the terror of Trump is to prosecute.

When in the hell is everyone going to get this. The only other choice we have is let to Trump get away with attempting to over throw our government and stealing top secret documents. If the evidence shows Trump committed multiple felonies he must be prosecuted. The end.

[llmart]

10. I'm still skeptical of him ever being truly held accountable.

Oh, he may be prosecuted (I'm someone skeptical about that also) but I guarantee you whatever "punishment" that's dished out will be minor compared to the crimes he's committed. Maybe it will just consist of not being able to ever run for any office which in my opinion is laughable since the crook is already older than I am and not healthy. It'll be a slap on the wrist. The powers that be are probably weighing the likelihood of whose reaction to his punishment/non-punishment is going to be worse for the country and we know the answer to that. They're not worried about OUR reaction to him not being sufficiently punished, but they sure as hell are worried about the magats' reaction.

It's another case of "we must move on from this to unite the country", blah, blah, blah a la Gerald Ford. I'll bet a lot of us older DU'ers remember our reaction to that. I know I was furious and spitting nails when I heard that news.

Dan Abrams on Good Morning America said he doubts he'll be indicted.

[stopdiggin]

11. thanks. a thoughtful and rational article

pointing out the very legitimate dangers involved in both holding a former president to account, and not. (yes, there are real issues to be weighted)

And, almost certainly with an audience other than the Justice Department in mind. Poster has provided a non-paywall source - and DU readers could do worse than spending 3-4 minutes ...

[blueinredohio]

12. Dan Abrams on GMA

says he doesn't think Trump will be prosecuted because there are different standards for presidents and former presidents.

[gab13by13]

14. Then that same standard will apply to future presidents,

My Ford.

[blueinredohio]

22. Exactly!

[lindysalsagal]

13. This piece perfectly summarizes our current watershed moment

And why we must prosecute. Must read.

[panader0]

15. Inaction "could set an irresistible precedent for future presidents."

But beyond that, it could set a precedent for every citizen in the US. Why should anyone obey the law
if the leaders can commit crimes and get away with it? I mean, these guys don't even answer subpoenas.
Failure to punish those who break the law will have anarchy as a result. I've been arrested more than once
for misdemeanor possession of marijuana, and spent a few nights in the county zoo. TFG committed one of the
worst crimes an American can commit and he's walking around. He needs to be charged as such.
Anarchy awaits if he squirms out of this, mark my words.

[Scrivener7]

16. He is, though. Right up until the minute he is indicted. Which hasn't happened yet.

For any of his crimes.

[msfiddlestix]

17. Patience my dear comrades, Patience! these things take time.....

[Scrivener7]

18. Yes. If we rush things, a whole new crop of MAGA candidates won't have any chance

to win.

And we can't have that.

[msfiddlestix]

19. bwahahaha... good one. :)

[panader0]

20. Perhaps there should be a loud crowd protesting daily in front of the DoJ

demanding justice. My hope was that arrests, not just of TFG, but of various R congress members
like Bimbobert, MTG, Gym Jordon, and several more, would come before the mid-terms, helping the
Dems to secure both houses of Congress. This has dragged out for almost two years now, when many,
like informed DUers, have been aware of the crimes for even longer. I believe that our AG is a good man,
but people are becoming very impatient. Hell, even the J-6 committee was ahead of the DoJ. Justice!

[DontBelieveEastisEas]

21. Some people, must be above the law.

The people that have the power to destroy the earth in the next 5 seconds, have to believe that they, and their loved ones, will not be severely punished.

There needs to be rules that make it impossible for a president to stay in power. Even declaring an emergency at the point in time when it is time to transfer power should not prevent a transfer. There can be rules set in place to prevent such a refusal to leave office.

[LiberalFighter]

23. Everyone needs to be reminded that prosecutors have a sworn duty to uphold the law.

Regardless of their previous or current position.

Especially the media. Anyone in the media or pretends in the media that disputes it needs to be challenged.

[BlueIdaho]

24. I'll believe it when I see it. nt.

[BannonsLiver]

25. Did they run a companion piece about how he is actually above the law?

It’s “both sides” NYT after all.