How to Prosecute Donald Trump

A criminal case against an ex-president must be simple, clear, and damning. It must also avoid novel legal theories and any whiff of selective prosecution.

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Former President Donald Trump speaks during a rally to boost Ohio Republican candidates ahead of their May 3 primary election at the county fairgrounds in Delaware, Ohio, April 23, 2022.

Gaelen Morse/Reuters

With the FBI search of Mar-a-Lago, Donald Trump’s invocation of his Fifth-Amendment privilege against self-incrimination, and the escalating public demands of the grand-jury investigation in Fulton County, Ga., we are yet again left wondering: Will a former president be charged with a crime? Should he be charged with one?

There are two competing considerations.

Dan McLaughlin

About the Author

Dan McLaughlin

Dan McLaughlin is a senior writer at National Review Online and a fellow at National Review Institute.

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