Those who support Trump must acknowledge this new illiberal reality. The elite’s destruction of civic customs is complete. In the coming months, we shall see pro-Trump forces using the same corrosive tactics — or lose utterly.
“The start of a new era in which no one is above the law.”
Julia Azari is a professor of political science at Marquette University.
Trump’s indictment might have a somewhat counterintuitive effect on the 2024 nomination race: His legal troubles might encourage other Republicans to get into the race, as we saw with long-shot candidate Asa Hutchinson last week. So far, we haven’t seen a stampede of new candidates. But if that does happen in response to any perceived vulnerability on Trump’s part, having a larger field of candidates could help him win the nomination by splitting up the non-Trump vote.
The connection between politics and presidential accountability is an even more interesting one, in my opinion. We don’t have a monarchy in this country, and presidents are supposed to have the same status as everyone else. But the presidency has long had an air of ceremony and statesmanship, signifying the power it holds. This makes the politics of holding the president accountable especially painful, for their political supporters and the country as a whole. Part of the logic of President Gerald Ford’s pardon of President Richard Nixon after Watergate was to end our “national nightmare.” But in 2023, things have changed. Politics often feels like a nightmare anyway, so there’s no sense in trying to dodge the conflict inevitable in a post-presidential investigation. Polarization has helped to erode some of the mystique of the office, and that might be a good thing in the end.
It’s impossible to separate law from politics entirely when charging a former president. It’s going to be messy, but possibly the start of a new era in which no one is above the law — not even those once charged with executing it.
This prosecution may be the only way to avert a slide into authoritarianism.
Kimberly Wehle is a visiting professor at the American University Washington College of Law.
As I wrote for POLITICO Magazine precisely a year ago, the cost of not indicting Trump would be a presidency without guardrails. Today, the stakes of this prosecution are arguably even higher, as he’s now a candidate for the 2024 presidential race and favored for the Republican nomination. Numerous polls have him at a double-digit lead over Florida Governor Ron DeSantis.
A criminally convicted Trump would look unappealing to many swing voters, potentially knocking him out of serious contention for the White House. It thus may be the only way to avert either another contested presidential election with widespread violence or, worse, a slide into authoritarianism.
Trump deserves credit for one thing, at the very least: He says what he is going to do, and he does it. If he is the GOP nominee, there are two possible outcomes. Both are deeply disturbing.