Now that the January 6th Committee has referred Donald Trump for prosecution for inciting and aiding an insurrection, and interfering in the peaceful transfer of power, the Department of Justice should prosecute him. Why? Because they must in order to expect anyone to believe that no one is above the law.
They should seek a conviction from a jury whether they ultimately get it or not. It is absolutely essential to the future of our legal system that they do this.
If they finally prosecute the man himself, there’s a higher than usual risk that there will be at least one juror who will ‘nullify the verdict’ (i.e., refuse to convict even if they know there is sufficient evidence proving his guilt beyond a reasonable doubt).
If there’s actual evidence of jury nullification, they can prosecute him again, as they should.
But it’s more likely that any jury-nullifier would just stay quiet and refuse to convict him, remaining taciturn.
Nonetheless, for the future legitimacy of the rule of law in this nation and specifically the Attorney General’s insistence that no man is above the law, they must move to enforce the lawful prosecution of these criminal violations by Donald Trump.
Attorney General Garland gave us his word that the idea that no person is above the equal enforcement of equal justice under law. Now, he must keep that word. Otherwise he will risk undermining thr legitimacy our system law and, by extension, our entire social contract.
