Pandora’s Donald Trump Prosecution The first indictment of a former U.S. President is a sad day for America.
https://www.wsj.com/articles/pandoras-donald-trump-prosecution-e060ceee?mod=opinion_lead_pos1
The news late Thursday that a Manhattan grand jury has indicted former President Donald Trump is a sad day for the country, with political ramifications that are unpredictable and probably destructive. If there was ever a case that opens Pandora’s box, the first indictment of a former President in U.S. history is it.
The indictment itself remains under seal, so we can’t examine the specific charges and evidence. But we know the charges relate to hush-money payments in 2016 to adult film actress Stormy Daniels about her alleged affair with Mr. Trump. Perhaps Manhattan District Attorney Alvin Bragg has new evidence that will be compelling.
But nearby, Ethan Greenberg and Sam Braverman offer speculation based on experience about the potential violations and pitfalls of the case in court. Their analysis doesn’t inspire confidence that this will go down well with the country, or even perhaps inside the courtroom.
As these columns have made clear, we believe any prosecution of a former President should involve a serious offense. The evidence should also be solid enough that a reasonable voter would find it persuasive. The last thing a politically polarized America needs is a case in which partisans line up on either side like a political O.J. Simpson trial. The prosecution must be seen by most of the country as an example of fair-minded justice.
That is doubly so when the case involves a former President who is also running again for the same office, as Mr. Trump now is. Add that the prosecutor belongs to the same Democratic Party as the current President whom Mr. Trump is running against, and the suspicion of a political prosecution will be rampant. This is why we urged Mr. Bragg not to revive a seven-year-old case that federal prosecutors declined to act on.
Mr. Trump made clear in a statement that he will make the prosecution part of his campaign—calling it a Democratic effort to deny him another presidential term. Democrats have “done the unthinkable,” he said, “indicting a completely innocent person in an act of blatant Election Interference.”
He will add this to the list of false Russian collusion claims, two failed impeachments, and the FBI’s Mar-a-Lago document raid. Whether that political defense succeeds will depend on how the case evolves in court in what will be a media circus for the ages. Mr. Trump’s reckless personal behavior has made himself vulnerable as usual, but Democratic excess could rescue him again.
And there is no doubt that Mr. Bragg is doing what most Democrats want. They want Mr. Trump in the dock and at the center of the political debate. Even if he’s not convicted, they figure the indictment and spectacle will help him become the Republican nominee. They think he is the easiest candidate to beat because he motivates Democrats and divides Republicans and independents. That is certainly the lesson of the GOP election disappointments of 2018, 2020 and 2022.
Democrats also know that the indictment will put GOP challengers to Mr. Trump in a difficult position. They will have to take a stand on this prosecution, and maybe on others to come. They will be asked constantly about Mr. Trump, and not about the failures of the Biden Presidency that the country should be debating.
The danger for America is the precedent this prosecution sets. Mr. Bragg is busting a political norm that has stood for 230 years. Once a former President and current candidate is indicted, some local Republican prosecutor will look to make a name for himself by doing the same to a Democrat. U.S. democracy will be further abused and battered. Mr. Bragg, the provincial progressive, is unleashing forces that all of us may come to regret.
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