Can America afford not to prosecute Trump? The answer is no



We all learn from failure.

Our mistakes become the bridge to our successes, teaching us what works and what doesn’t, so that the next time we muster the will to try, we’ll succeed.

But nefarious actors can also learn from failure. And that, unfortunately, is where we find ourselves with Donald Trump. His entire foray into politics has been one of testing the fences for weaknesses. Every time a fence has failed, he has been encouraged. He has become a better political predator.

With the conclusion of this series of hearings about the Jan. 6 insurrection, it has become ever clearer to me that Trump should be charged with multiple crimes. But I’m not a prosecutor. I’m not part of the Department of Justice. That agency will make the final decision on federal charges.

The questions before the Justice Department are not only whether there is convincing evidence that Trump committed the crimes he is accused of but also whether the country could sustain the stain of a criminal prosecution of a former president.

I would turn the latter question around completely: Can the country afford not to prosecute Trump? I believe the answer is no.

He has learned from his failures and is now more dangerous than ever.

He has learned that the political system is incapable of holding him accountable. He can try to extort a foreign nation for political gain and not be removed from office. He can attempt a coup and not be removed from office.

He has learned that many of his supporters have almost complete contempt for women. It doesn’t matter how many women accuse you of sexual misconduct; your base, including some of your female supporters, will brush it away. You can even be caught on tape boasting about sexually assaulting women, and your followers will discount it.

Now with the investigation into his involvement in the insurrection and his attempts to steal the election, he is learning once again from his failures. He is learning that his loyalty tests have to be even more severe. He is learning that his attempts to grab power must come at the beginning of his presidency, not the end. He is learning that it is possible to break the political system.

If he runs for president again, and should his reelection bid prove successful, Trump’s second term will probably be far worse than the first.

He would tighten his grip on all those near him. Mike Pence was a loyalist but in the end wouldn’t fully kowtow to him. The same can be said of Bill Barr. Trump will not again make the mistake of surrounding himself with people who would question his authority.

Axios reported Friday that “Trump’s top allies are preparing to radically reshape the federal government if he is reelected, purging potentially thousands of civil servants and filling career posts with loyalists to him and his ‘America First’ ideology.”

According to Axios, this strategy appears to revolve around his reimposing an executive order that would reassign tens of thousands of federal employees with “some influence over policy” to Schedule F, which would strip them of their employee protections so that Trump could fire them without recourse to appeal.

Perhaps most dangerous, though, is that Trump will have learned that although presidents aren’t too big to fail, they are too big to jail. If a president can operate with impunity, the presidency invites corruption, and it defies the ideals of this democracy.

A Trump free of prosecution is a Trump free to rampage.

Some could argue that prosecuting a former president would forever alter presidential politics. But I would counter that not prosecuting him threatens the collapse of the entire political ecosystem and therefore the country.

Charles Blow is a New York Times columnist.



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