In a powerful warning Thursday, the patron saint of the conservative legal movement, former federal appellate Judge J. Michael Luttig, testified before the Jan. 6 Committee and pronounced former President Donald Trump and his allies a “clear and present danger” to American constitutional democracy. As Luttig knows better than most, this historic phrase generates an extraordinary constitutional power of government to act — and a duty to do so.
Luttig’s verdict should be understood as a plea for Attorney General Merrick Garland to proceed toward charging Trump with federal crimes that the public record now amply establishes. Only then will this nation be able to move forward from the ongoing insurrection.
Beyond the avalanche of documents and testimony pointing to Trump’s guilt and the principle that no one is above the law, there is an additional reason to indict Trump for his multi-faceted conspiracy in 2020 to override the vote. Upon a conviction for inciting insurrection, or being an accessory to insurrection, Trump would be subject to disqualification from acquiring federal office.
