Within a span of two weeks, the nation bore witness to two significant announcements from the Department of Justice. Firstly, the indictment of former President Donald Trump for the unlawful retention of classified documents, obstruction, concealment, and false statements. And secondly, the guilty plea of Hunter Biden, the son of the current president, to federal tax and gun charges. These cases hold immense political importance, revealing the competing visions of governance in the early stages of the 2024 election.
Let’s begin with Trump’s reaction to his federal indictment. In both his political rhetoric and legal defense, Trump adamantly claims innocence. He labels the investigation as an unwarranted “political prosecution” due to its conduct under a Democratic presidential administration. Similarly, he accuses the charges against Hunter Biden of being motivated by favoritism rather than persecution.
However, Trump’s claims of “political prosecution” go beyond mere bad faith or projection. They signify something more disturbing and telling: his promise to eliminate the separation between prosecutors and political leaders, including the president. If allowed to return to office, Trump vows to implement a vision of law enforcement that would undermine the core principle of equal justice under the law.
When considering Trump’s presidency and his reelection campaign, his accusations of “political prosecution” serve two interconnected objectives. Firstly, he aims to convince the public that law enforcement and justice administration are inherently political, thereby casting doubt on the charges against him. This strategy appears somewhat effective, as a recent poll shows that 47% of the public believes Trump’s charges are politically motivated.
Secondly, Trump seeks to lay the groundwork for significant changes to federal law enforcement and possibly the broader federal government if given the opportunity. Ironically, these changes would make law enforcement and government more political. If Trump successfully erodes public trust in federal law enforcement, he may face little resistance in reshaping key aspects of American governance.
Trump’s intentions are evident in his explicit pledge to weaponize the Department of Justice against his political adversaries. He openly stated that he would appoint a special prosecutor to target President Joe Biden and his family. Furthermore, he plans to bring back loyalists such as Jeffrey Clark, a key ally in his attempts to overturn the 2020 election. Additionally, Trump suggests that all federal employees should serve at the pleasure of the president, which would remove longstanding protections against politically motivated reprisals.
All of these actions align with Trump’s behavior throughout his presidency. He repeatedly disregarded the separation between personal or partisan interests and the interests of the American government. He vehemently attacked the career civil service, often referring to it as the “deep state.” Trump constantly railed against a perceived “shadowy cabal” undermining his presidency and worked to undermine nonpartisanship within the federal government. Towards the end of his presidency, he issued an executive order that aimed to politicize the civil service.
Therefore, when Trump claims these prosecutions are “political,” he articulates his understanding of the relationship between the president and federal prosecutors. In his view, federal prosecutors, like all federal employees, should be subject to the president’s authority. Trump’s complaint is not about the ordering principle itself, but rather his inability to leverage the power of the state for his personal gain. This claim may be shocking, but it aligns with Trump’s right-wing populism, which champions a narrow definition of the polity and promises to protect his supporters from perceived threats.
These views are in direct conflict with key aspects of the American political and constitutional tradition. For over a century, the importance of nonpartisanship and expertise in the federal government, particularly in law enforcement, has been emphasized. However, Trump is not alone in challenging this consensus. Republican figures like Ron DeSantis and lawmakers like Kevin McCarthy and Jim Jordan have undermined DOJ independence and used oversight authority to intimidate career officials.
Turning to the reaction of the Trump camp towards Hunter Biden’s guilty plea, we see a revealing pattern. Trump has long fixated on the DOJ’s failure to prosecute Hunter Biden, viewing it as evidence of political favoritism. However, when Hunter Biden does face charges and pleads guilty, Trump now accuses the plea terms of being lenient, again attributing it to political favoritism. The fact that Trump appointees were involved in the investigation and charging decisions is dismissed, along with the notion that these charges may be harsher than those against an individual without a famous last name.
In contrast, President Biden has made every effort to adhere to bipartisan norms of law enforcement independence and insulation from political interference. He retained a Trump-appointed prosecutor to oversee Hunter Biden’s investigation, ensuring it wasn’t influenced by his own choices. Similarly, he allowed the completion of John Durham’s investigation and maintained a hands-off approach to Attorney General Merrick Garland’s appointment of special counsels to investigate classified material handling by both Vice President Mike Pence and himself.
In summary, the recent developments surrounding the federal indictment of Donald Trump and the guilty plea of Hunter Biden highlight the competing visions of governance in the early stages of the 2024 election. Trump’s response reveals his desire to dismantle the separation between the president and prosecutors, implementing a vision of law enforcement that serves his personal interests. This stands in stark contrast to the longstanding principle of equal justice under the law. The reactions from both sides shed light on the potential dramatic consequences and the erosion of core American values if Trump’s vision were to prevail.
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