The much-anticipated indictment of Donald Trump for his efforts to overturn the 2020 election is seen by many as essential to protect American democracy. However, it is unlikely to be enough to solve the deeper issue at hand. Trump’s baseless claims of election fraud have permeated the Republican Party, with a majority of Republican voters still believing that the election was stolen from him. This unprecedented situation has led to a party that is willing to accept anti-democratic methods to further its own interests.
What’s concerning is that Trump remains the central figure in the GOP, despite numerous opportunities for the party to distance itself from him. Polls even show Trump leading in the 2024 GOP presidential race, with the majority of House Republicans seeking to expunge his impeachments and block any investigations against him. Even his competitors for the 2024 GOP nomination have condemned the indictments against him rather than his behavior.
This demonstrates just how much the GOP is willing to accept Trump’s assaults on American democracy. While some key state-level Republicans rejected his demands to invalidate the election results, many House Republicans voted against certifying the results, and Republican-controlled states have passed laws making it harder to vote and increasing partisan control over elections.
Historians note that there is no exact precedent for a party openly embracing a leader who is hostile to the core pillars of democracy. The closest comparison might be the actions of the slaveholding South before the Civil War, which violently attacked abolitionists and used extreme legal theories to protect slavery. This ultimately led to secession, the greatest violation of the American Constitution.
In contrast, the GOP’s continued support for Trump despite evidence of his misconduct is in stark contrast to Republicans’ refusal to defend Richard Nixon during Watergate. Nixon eventually resigned when it became clear that he would not survive an impeachment vote. This suggests that personal accountability for Trump is unlikely to change the party’s tolerance for anti-democratic actions.
Despite this, experts believe that prosecuting Trump is necessary for the health of democracy. It is crucial to show the majority of Americans who support the constitutional system that no one is above the law. Failure to indict Trump would have dangerous implications, as it would suggest that presidents cannot be held accountable for their actions. The criminal charges against Trump show that there are tangible legal consequences for such behavior.
Prosecution can also serve as a deterrent, as demonstrated by the trials of the January 6 rioters. The fact that illegal actions can lead to jail time can make a significant difference in preventing similar acts in the future. John Dean, the White House counsel during Watergate, believes that prosecuting Trump is essential and that failing to do so would send a dangerous message.
It is important to note that Trump’s attempt to overturn the election required the cooperation of many GOP officials and conservative activists and lawyers. Some of them are now facing consequences of their own, such as disbarment proceedings and ongoing investigations. This also sends a message that participating in an attempted coup puts individuals at legal risk.
While there is concern that die-hard Trump supporters on a jury may refuse to convict him regardless of the evidence, prosecutors must not be dissuaded from bringing cases when there is evidence of wrongdoing. It is analogous to the challenges faced by the Department of Justice in prosecuting cases where political bias may influence the outcome. It is essential to uphold the rule of law and hold accountable those who violate it, regardless of the potential outcomes.
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