There Is No Nonpolitical Case for Trying Trump before Election Day

The arguments for trying the former president before the election belie the claim that these prosecutions aren’t political.

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Former president Donald Trump speaks outside the court room at a Manhattan courthouse, during the trial of himself, his adult sons, the Trump Organization, and others in a civil fraud case brought by state attorney general Letitia James in New York City, October 2, 2023.

Andrew Kelly/Reuters

There are five main schools of thought on the criminal cases against Donald Trump:

I confess that I have at least some sympathy for all five perspectives. We should all want to see the rule of law vindicated, without its being abused or distorted by politics, and show that the same law applies to the mighty and the obscure alike — no more and no less. Trump is being prosecuted by people with political motives (both low partisanship and high political desire to remove a threat to the system), some of the charges against him are outrageously improper, and others have been wielded selectively or overcharged. Trump should be prevented from running again for the good of the country, although it was the job of the Senate to do that, and Republican senators failed when they had the chance. Democrats do have a strong motive to prop up Trump in the primary and then undercut him in the general election, they do have a pattern of acting on such motives in recent elections, and the prosecutors could have brought at least some of these cases a year or two earlier if they’d wanted to avoid trying them during the election. And the legal system shouldn’t ignore reality and pretend that the public has no interest at stake in the prosecution of a major presidential candidate, especially when that prosecution is at the hands of the administration of his likely general-election opponent.

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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