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I completely disagree with this logic. What you are saying is that the President would be essentially immune from prosecution even before that terrible SC decision because prosecuting the former president would have been bad optics anyway. Heaven for-fucking-bid. All this does is strengthen the two-tier justice system in this country.
The man stole countless boxes of national security secrets, stuffed them in a golf club bathroom, and his son-in-law magically got $2 billion out of nowhere. The man held meetings in the white house with foreign representatives, behind closed doors, without allowing US translators or note-takers in the room.
That's treason. At the very least, put treason charges before the American people and let a jury decide. I stand by my belief: The man should have had a permanent stay at ADX-Florence the minute those boxes were found.
What is it you think a special prosecutor does?
The first of those things is very much illegal, and the special prosecutor who was appointed too late did indict him for it. On a different timeline with a different judge, it likely would have resulted in a conviction and a lengthy prison term.
The other two are very suspicious. It's very likely there were crimes surrounding those events, but they are not, themselves crimes. They certainly aren't treason against the United States, which
Now it's possible some of those foreign representatives could be considered "enemies", and possible he gave them secret information, which would qualify as "aid and comfort". The next thing the constitution requires is
And sure, if that burden is met, he should be charged. Otherwise, charges that are actually likely to hold up in court are more appropriate.
The idea of a "special prosecutor" is and always has been redundant. If I'm going to go after a political opponent, what is the difference between doing it myself and hiring someone to do it for me? If people are going to think it's political persecution, they're going to think that way whether I do it myself or hire someone to do it under my watch. The end result is the same. I can guarantee you that absolutely no AG is going to appoint a special prosecutor who isn't going to do exactly what the AG would have done themselves anyway.
And exactly what the fuck did you think Donald Trump was going to do with a room full of national security secrets stolen, hidden, and locked in a golf course bathroom? Some light reading while taking a dump? What did you think the Saudis gave Kushner $2 billion for? A birthday present?
Something very crooked, for which he should be in prison.
Most things that are crooked and harmful to the country are not treason, and many things that might be treason are difficult to prove as treason due to the unique constraints on prosecuting that crime. We have other criminal charges for those acts, and Trump was, in fact charged with felonies for them. The prosecution was started too late, for which I do blame the Biden administration and specifically Garland.