Anyone who genuinely respects the rule of law might find it satisfying that former President Donald Trump is finally facing criminal charges. But that shouldn't blind even his fiercest critics to the legal and political difficulties with the case ahead after a grand jury's historic indictment of Trump over his pre-presidential business dealings.
Many will argue that the indictment is for petty offenses not worthy of the political upheaval this prosecution will cause. But Al Capone's prosecution for tax evasion didn't mean he didn't commit far more serious crimes, only that tax evasion was what prosecutors could prove. The New York grand jury has determined that the evidence against Trump merits judicial review, and it was Trump's own actions — not those of the Manhattan prosecutor, the Democratic Party or anyone else — that brought this on Trump. It's time for his excuse-makers to accept that he alone must account for his actions.
As for Trump himself, the key words he should hear on Tuesday are these: You have the right to remain silent. Anything you say can and will be used against you in a court of law. The ex-president has built a career out of spouting off, unfiltered and unhindered by legal or political consequences. He has for too long regarded himself as untouchable, even to the point of bragging that he could shoot someone on Fifth Avenue in Manhattan and not lose supporters. Trump no doubt has grown tired of his lawyers advising him to shut up — advice that he has repeatedly ignored. But now the stakes are exceedingly high, and he knows it.
Still, of the multiple criminal investigations Trump faces, this one is arguably the least serious. It's important that whatever happens with it doesn't impact the continuing probes over Trump's attempt to overthrow Georgia's election results, his culpability in the Jan. 6, 2021, Capitol insurrection or his mishandling of classified documents. Those valid investigations are all separate, but they could look to the public like a string of related, repeated attacks designed to get at Trump in any way possible. That misconception would be reinforced if those later potential indictments are handed up following a failed prosecution in the current case.
The political pushback is already fierce, with even non-Trumpist Republicans angrily decrying the indictment. Setting aside the curious sight of the self-described family-values party rallying around a former president credibly accused of paying off a porn star to silence her about an alleged extramarital tryst (Trump denies an affair, but the payoff itself has been firmly established), the unintended political consequences could work in Trump's favor.
None of which is to suggest Trump shouldn't face these charges. Only that Manhattan District Attorney Alvin Bragg must keep in mind the old adage that if you strike at a king, you'd best not miss.
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