Lock Him Up?

Why Donald Trump could be the first president to face criminal charges

- By Russ Choma

Hillary Clinton, Barack Obama, Joe Biden, James Comey, Christopher Steele, John Bolton, a Time journalist, flag burners—this is just a partial list of the people Donald Trump has wanted to see imprisoned during his ignominious presidency. Yet the moment he steps out of the White House, shedding the sheath of immunity that enshrines all presidents, it is Trump who should be most concerned about a legal reckoning. His list of alleged offenses, committed both during and before his presidency, includes tax and bank fraud, obstruction of justice, bribery, defamation, and more. Legal experts have even debated whether Trump could face criminal charges connected to his woeful response to the coronavirus pandemic.

In its 244-year history, the United States has never prosecuted a president (that is, outside the specialized judicial theater of impeachment). Not that some didn’t deserve it. The reticence is understandable. Locking up a former commander in chief would be politically divisive and potentially set a dangerous precedent. Would holding him accountable restore faith in the justice system or further erode it? But for Trump, whose antics and incompetence contributed to the deaths of tens of thousands, who attacked the very foundation of the democratic institutions that made the United States a beacon, and who pushed the nation to the threshold of autocracy, the American people might be willing, even eager, to take the risk.