Some Americans had doubts that this day would ever come, questioning whether Attorney General Merrick Garland had the courage and determination to take on the traditionally risk-averse career staff at the Justice Department. His slow response in investigating the creation of false electoral college slates following the 2020 presidential election did not inspire confidence. However, special counsel Jack Smith has now made history by defending the rule of law.
The federal grand jury indictment of former president Donald Trump for his involvement in the 2021 Capitol insurrection is a monumental moment for our democracy. It is reassuring to see the Justice Department seeking to hold everyone accountable for their actions.
Trump has spent his life evading responsibility, but now he faces criminal charges for the third time and has been held liable for defamation and sexual abuse. This indictment, which includes charges of conspiracy to defraud the United States, obstruction of an official proceeding, and conspiracy to intimidate people in the exercise of their constitutional rights, names six co-conspirators, including former Justice Department official Jeffrey Clark and attorneys John Eastman and Rudy Giuliani.
The indictment also highlights Trump’s campaign to pressure Mike Pence to change the election results and includes specific allegations regarding Pence’s conversations with Trump. While the indictment does not allege that Trump incited violence, it does assert that he “exploited” it. Special counsel Smith cleverly avoids having to prove a connection with militia groups and sidesteps First Amendment implications by not making Trump’s “Stop the Steal” speech a critical fact.
Smith’s decision to keep the indictment simple, without overcharging or cluttering it with repetitive charges, does not diminish the seriousness of the crime. By opting not to bring charges of sedition or conspiracy to commit sedition, Smith still captures the enormity of the assault on our democracy.
In addition to these legal developments, there are three crucial points to consider. First, Trump’s belief that running for president would protect him from prosecution was a grave miscalculation. His candidacy drew an aggressive and determined prosecutor like Garland into the case. Second, Republicans face a choice: do they nominate a thrice-indicted criminal defendant who attempted to overthrow our democracy? Aligning with Trump would stain the GOP for a long time. Finally, Smith has exceeded expectations in his swift and thorough handling of the case. It is now up to the voters to ensure that someone unfit for power never assumes it.
Special counsel Smith deserves praise for his decisive actions and swift investigation. The judge and jury will play their part, but it is the voters who must ensure that an unfit character like Trump never comes to power. We must also acknowledge the crucial role played by the House Jan. 6 committee, its staff, and Speaker Nancy Pelosi in pushing forward with the investigation. Their work presented the country with a coherent view of the coup and paved the way for the Justice Department’s prosecution. Democracy owes them a debt of gratitude.
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