Trump and January 6: What do we do now?

As two investigations by the Jan 6 committee and the Department of Justice display criminality, the question must be asked: What should we do about it?

Throughout the last year and two months, multiple investigations have been taking place into the actions of Donald Trump and his innermost circle in the lead up to and on January 6. The evidence presented by the January 6 Committee has been devastating for Trump world, as once silent team players like Steve Bannon and Pat Cipollone make their way to Capitol Hill to speak with lawmakers. Bombshell testimony from those in Trump’s orbit has presented incredible accusations against the former president of knowingly misleading the public into believing the election was stolen and then instigating an armed insurrection at the Capitol during the counting of electoral votes in the Senate. More recently, the January 6 Committee has stated they have direct evidence of witness tampering from Trump world, a federal crime that can carry up to 20 years in prison. These charges leave out findings from the behind closed doors Department of Justice investigation and the Fulton County (GA) special grand jury proceedings.

From what has been revealed to the public in the January 6 investigation and the sheer amount of investigating surrounding those events, it is clear that evidence of criminality has been uncovered. Prominent Democrats and even some Republicans are starting to whisper about criminal prosecution and criminal referrals to the Department of Justice. Progressives that have been demanding Democrats punish Trump for years have perhaps the most damning evidence of criminality. While I believe that nobody is above the law and that Trump does deserve to be charged, we should be careful about the implications of such a maneuver.

The best comparison (although still inadequate) to the choice we face is President Ford’s pardon of Richard Nixon just one month after his resignation in 1974. During his televised address, Ford explained about Watergate.

“It could go on and on and on, or someone must write the end to it. I have concluded that only I can do that, and if I can, I must.”

Indeed, just two years earlier, voters elected Nixon by an overwhelming 60% and delivered to him 49 states. If Nixon was tried and charged, what would have Republicans done? Would his supporters sit idly by after an overwhelmingly successful term and an approval rating of 67% just the year prior? Thankfully we never found out.

The choice to prosecute Trump now sits before Merrick Garland, the once future Supreme Court justice turned AG. Waiting for his decision is a radically changed country from the time of Nixon. Despite recent revelations. The former president sits at a comfortable (but not great) 40.2% favorability rating, viewed as the current front runner for the GOP in 2024. A rating held fast by an increasingly powerful Christian segment of the Republican party of which many prominent figures preach Trump’s Whitehouse ambitions “ordained by God,” along with fanatic supporters like those that belong to QAnon and other similar more militant groups like the Proud Boys and Oath Keepers.

For all those chomping at the bit for charges, here are just some of the questions we must consider. What would these radical groups do if Trump was criminally charged? Any prison time would be a practical life sentence for a 76-year-old. What would ordinary Republicans believe? Would they continue to trust in a Democracy where the opposition imprisoned their preferred candidate? How would religious leaders react, and what would they tell their vast audiences? What would the next Republican in office do for Trump? Would a “witch hunt” argument (akin to the Russia investigation) convince independents that Trump is innocent and turn them on the whole system?

None of this is to say that we should not arrest political leaders; again, nobody is above the law. However, if arresting a single individual can potentially tear at the fabric of the country, it might be worth taking a second look at the right decision for Americans instead of an individual. Let’s be careful what we wish for everyone…