Charging a former president with crimes would be an extraordinary development in American history and carries the risk of forever reshaping our politics as well as the very future of the nation. It should not be undertaken lightly.
But former President Donald Trump’s multifaceted attempt to overthrow the results of the 2020 election that culminated with him inciting a violent mob to attack the Capitol on Jan. 6, 2021, as Congress was certifying Joe Biden’s victory, was also an extraordinary development in American history — one that nearly destroyed our democracy. The country is already in uncomfortable, uncharted waters navigating the wreckage Trump left in his wake.
What’s needed now is not genteel deference to political norms but an unflinching pursuit of justice. Over the last two months the House select committee investigating the Jan. 6 attack has meticulously presented with video clips and firsthand testimony ample evidence that the former president led a dangerous, mendacious plot to block the peaceful transfer of power and hang on to the presidency despite being voted out of office. At a minimum, the Department of Justice should prosecute him for conspiring to defraud the United States and conspiring to obstruct an official proceeding, the electoral vote count. These crimes carry maximum sentences of five and 20 years in prison, respectively.