The Constitution’s Answer to Trump’s Misconduct Remains Impeachment, Not Criminal Prosecution

The fact that Congress lacks the will to do its job means we have an unworthy Congress, not a broken constitutional system.

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Republican presidential candidate and former president Donald Trump takes the stage for a campaign rally in Derry, N.H., October 23, 2023.

Amanda Sabga/Reuters

Brace yourself: It’s about to be 2024. A former president of the United States, Donald Trump, is the prohibitive favorite to win the Republican nomination to seek the office again. He could have it locked up in the next few weeks. Were he to win in November, he’d become just the second president in American history elected to non-consecutive terms. (It hasn’t happened since Grover Cleveland: 1885–89 and 1893–97.) Nevertheless, Trump is currently being prosecuted by the administration of his likely Democratic opponent, incumbent President Joe Biden, on felony charges that theoretically could result in decades of imprisonment.

I am among the harsh critics of Biden Justice Department special counsel Jack Smith’s indictment of Trump on charges arising out of the former president’s appalling abuses of executive power in the two months between the 2020 election and the Capitol riot. I am also among the first to contend that Smith’s indictment of Trump is a proxy — a do-over, if you will — for the political system’s failure to impeach, remove, and disqualify Trump after the riot.

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