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The two patently political, unjust federal cases brought by Jack Smith against Trump, plus two New York and one Georgia cases will likely be dismissed. Trump’s election – God willing – ends that sad, perverse, abusive chapter in American history, election interference by prosecutors. Is that it?
The question – Is that it? – suggests thinking about how laws, practiced fairly, judiciously, and thoughtfully – are supposed to work. For every wrong, there is meant to be a remedy. These cases may wither, but what of the wrong?
The famous judicial philosopher Montesquieu noted, among many principles: “It is necessary from the very nature of things, that power should check power,” and that abuses should be deterred.
President Trump rightly resists perpetuating the use of courts for political gain. He never did that. Now, another question lies before his incoming Attorney General. If political candidates can be forgiven their overreach or tacit consent for “lawfare,” burying the old hatchet, what of the prosecutors?
And, getting down to brass tacks, what about a former Attorney General – bitter for losing “his” Supreme Court seat – and the federal prosecutor sanctioned by the Supreme Court (9-0) for political overreach, who persecuted a president? What of abusive local prosecutors?
The question is not political, but legal, and relates to the essence of the Republic, preserving the principles on which we were founded… Should abusive prosecutors who violated the canons of ethics, legal precedents, and oath – who abused power, perverting the fair administration of justice to maliciously prosecute a political foe, and interfering with an election, just be allowed to walk?
The most judicious answer to that question, removing this whole issue from politics while creating some lasting deterrence – stopping prosecutors from trying to throw elections – is a non-partisan commission composed of retired judges to assess whether charges should be brought.
In short, this Republic – founded on laws not men – depends on the fair administration of justice, and public trust in those charged with that duty. The Nation narrowly escaped having a presidential election thrown by a set of rogue prosecutors, a damning, first-ever, and very serious turn.
Needed at this juncture is a way, beyond presidential magnanimity on the part of the incoming 47th President, to ensure that this scary turn, abuse of prosecutorial power for political ends, and intentional election interference by a Department of Justice and local prosecutors, never happens again.
On one hand, the prosecutors could be allowed to continue unabated and undisciplined, their election interference has been ineffective. On the other, they remain flagrantly culpable.
Bottom line: The best move is a non-partisan commission of retired judges to recommend action, from censure, removal, or disbarring to criminal charges. For every wrong the law presumes a remedy, or to quote Montesquieu again: “The deterioration of every government begins with the decay of the principles on which it was founded.” Prosecutorial abuse amounts to serious decay.
Robert Charles is a former Assistant Secretary of State under Colin Powell, former Reagan and Bush 41 White House staffer, attorney, and naval intelligence officer (USNR). He wrote “Narcotics and Terrorism” (2003), “Eagles and Evergreens” (2018), and is National Spokesman for AMAC. Robert Charles has also just released an uplifting new book, “Cherish America: Stories of Courage, Character, and Kindness” (Tower Publishing, 2024).
RBC, since the charges against Pres, Trump were political and not lawful, all those involved with a conspiracy of falsehood, SHOULD BE AT DISBARRED from practicing law forever in this nation. Those higher authorities involved should be charged and prosecuted for their abuse of the law. NO ONE IS ABOVE THE LAW as the nation has seen many escape the consequences of their wrongfulness.
For Mara Lago Raid & J6 alone YES
Make accountable
Thanks RBC, another thought provoking article as I’ve been away for awhile, however, I’m back again!
As I understand it, soon to be former AG Garland is lawyering up as I more than suspect not only him but many others as well…
We are (8) days in from a resounding reelection for Donald J Trump winning the WH, winning the Senate & keeping the House, a genuine TRIFECTA!
Trump’s cabinet is coming along nicely as I was pleasantly surprised to see Kristi Noem get the DHS Secretary position with Senator Marcos getting the Secretary of State nomination & on & on it goes.
It feels like a ‘ Dark Cloud ‘ has been lifted from this nation with fresh air moving in…
Vermont here,
Bill…:~)
Unless these liberal scumbags are held accountable, they’ll simply continue their lawfare!!!
The idea of having a commission to determine what should be done makes very good sense In the United States no one is above the law. That concept defines. what the term – rule of law – is about. That is the best legal system going – for those who respect principles and respect a fair form of government .That Montesquieu quote is sure enough appropriate – ” The deterioration of every government begins with the decay of the principles on which it was founded.” Taking a stand on this issue is a matter that should be appreciated as way of being a responsible American citizen. In the spirit of courage, strength , wisdom and understanding .
“No one is above the law” but some appear be. Party affiliation definitely defines who the players are. Start there.
Abuse of taxpayer’s resources to pay these fraudulent prosecutors. Abuse of power. Fraudulent charges. They need to be disbarred as a minimum and should not be allowed to practice law ANYWHERE EVER AGAIN
Since Trump and others spent their own monies for their defense of made up crimes, they should be able to file to get restitution. Using law fare to go after innocent Americans goes against everything in the US Constitution. This should be litigated to the full extent of the law!
if they broke any laws, then hell yes – they should be prosecuted!
YES YES YES, LAWFARE MUST HAVE CONSEQUENCES.
The rogue prosecutors should be prosecuted, not merely disbarred. They caused pain and financial detriment to Trump, Bannon, Navarro, and Giuliani. They threatened the survival of our Republic. This should be done by the Justice Department. Unless this happens, such conduct will be repeated.
Absolutely yes, starting with the AG’s in New York and Atlanta, including Jack Smith. Need to take a hard look at Merrick Garland and the Judges who continue to violate the constitution in New York.
I agree with others – at the very least any lawyer should have a lifetime disbarment. Should go after Jack Smith for all the millions he wasted on his political attack on Trump. Our victory was Trump winning.
Since Trump has a good heart he probably will do little to them. But they will not stop. We have seen that with governors making moves to ‘Trump proof’ their states. Good – Trump needs to withhold whatever federal money he can from them.
Commenter Max mentioned “no one is above the law”. I recall Dems using that phrase often when going after Trump and/or those who worked with him, or even supported him. I agree whole-heartedly with Max and RBC’s summation.
It is indeed time to take action to uphold the law by charging and prosecuting those law-breakers, because indeed NO ONE IS ABOVE THE LAW.
If there are no consequences for illegal and unjust actions then they’ll be repeated against ordinary citizens, like oh, say J6 political prisoners? Yes, they need to be held accountable. We need to have our faith in justice restored.
This rings as hollow as the “Lock Her Up” chants after the 2016 election.
Not going to happen.
President Trump’s stellar performance in office during his 1st term made the “democrats” look bad enough to motivate their coordinated ballot fraud activities, and, also, the damage they tried to do to him with those highly questionable lawsuits.
The “democrat-controlled” press likewise engaged in defamation aimed at destroying President Trump.
All of this was “as un-American as it gets”. If there is a legal path to charging the guilty parties involved with those lawsuits and the years-long litigations and defamation against Trump, then I strongly favor pursuing that. It’s our government, and, they clearly went rogue… so… investigations and criminal charges, where applicable, are required.
Those practicing law fare should be held to account. That must stop.
I am so energized by the appointments President Trump is making to his cabinet and elsewhere. I am sure President Trump will focus on all this, but I hope he also appoints a strong team to go after politicians who committed crimes against him and the country over the last at least eight years. Every one of the guilty Democrats needs to be arrested, like they did to Trump, prosecuted, convicted and spend time in prison. Otherwise, where is the incentive not to commit the same crimes again. This is not vengeance, but rather holding the guilty accountable.
Last I heard, PERJURY is a serious crime! These PERsecutors lied in all the filing documents and in their testimony in court. Send them to the DC gulag without bail like they did peaceful J6ers.
I didn’t read all of this yet, but the American people who suffered anguish, grieve, stress and the upset of their daily lives because of all of this hate and lies need those involved to be accountable. I never seen anything like this in all my life. so afraid that we were going to lose our country and all of Trump’s supporters punished. You couldn’t turn on the tv without hearing bold faced lies or read anything on face book without calling President Trump a felon when in reality it was the opposite. Everyone’s lives were put on hold, some of us suffering from loss of sleep, stomach ulcers not to mention of the worry where to live or if you will have enough money to buy the necessities. Those that are accountable didn’t care about the American public, their main objective was to prosecute and disable Pres Trump anyway they could even if it meant putting common citizens in prison under dreadful conditions. . President Trump was not a bad man, he was just a man trying to save our country. He was accused of everything they did and they know that.. that is how communism works. It’s time for justice to be served for those who tried to destroy us.. we deserve to see justice. and if there isn’t, they will just continue what they started since the day they took Bible reading and prayer out of the schools. Justice will take a very long time, but it needs to be done for the sake of our children, this country and it’s people. It wasn’t that long ago that they were still bringing those who served under Hitler who committed atrocities against people to justice. WE CAN DO IT IF IT TAKES 100 YEARS TO PROSECUTE EVERYONE INVOLVED. We also need the brain washed to know the truth. I can’t believe that President Trump survived all of this; not only the gun shot, but all the health issues and depressions caused by the things that he went through. It’s time for our country to dry their tears and see justice. They were so bold, they probably thought for sure they could get away with this. They’ve changed laws against everything good for decades now so that they could control people and to get this far. I wish that I could write a letter to the new administration on everything that needs to be put back in order that was taken away from us over the years. Oh, it would be a book, not a letter.. a thick one. I want to be able to turn on the tv without seeing all these news people spewing hateful lies. A miracle has happened. God heard prayers and now it is time to put God back on the throne or we will be defeated again. and, while we are at it, I want us to have a celebration.. You know, like the one they had for Obama when he won. it’s time.
Yes, RBC – all involved in those fake charges against President Trump should be held accountable. And they were “unlawful” and should never have been brought before a court. I agree with Max that those participating should be disbarred, and others prosecuted. Enough of this nonsense!
Weight the guilt, and judge accordingly. Law is law, no one is above it If there is to be no repeat of the same, there must be consequence for lawless actions. If nothing else they all should be prevented from practicing the law since they have no regard or respect for it.
if they broke any law, yes. if they abused their “post”, yes. if they failed in their job, yes. in other words yes.
Trump needs to ride into Washington on a horse named vengeance, and it would be deservedly so.
The spirit of Article I Section 9 Paragraph 3 extends to prosecutors as well, Federal and State. NO BILL OF ATTAINDER …
We know for certain now that these cases were based on election interference when as soon as Trump won, there was talk of dismissal. That was the corrupt Soros run prosecutors easy way out. They should all be investigated by their state’s judiciary committees and lose their legal licenses. Letia James in New York should especially be sanctioned, due to the fact she ran her campaign on getting Trump. And she still is threatening him with lawfare. This is intimidation at its worse. When the one prosecutor in Georgia admitted he colluded with the Biden White House to set a case against President Trump, they should have dismissed the case right then. Shame on the legal board in Georgia for being biased. I’m no legal scholar, but anyone with a brain and some common sense can figure out the game they played against us, the American people. Wasting time, money, and attempting to against the will of the people is beyond the pale. I say fire them all!!! No one is above the law…..unless you are a Democrat!
One of the main problems with our political “elite” (sarcasm) is that they are NEVER held accountable for the crimes they commit. This has to stop. Hillary committed about 50 felonies with her personal server and destroying evidence. Actually, if we counted each email deleted individually, then she committed about 30,000 felonies. Adam Schiff tampered with evidence and presented known false impeachment evidence to the congress. We had countless Democrats involved in coup to take down Trump, the duly elected president at the time. We had FBI operatives in the J6 crowds spurring on the capital breach. We have an AG who weaponized the justice department to go after the regime’s political opponents. We have Biden and Kamala committing treason with open borders and human trafficking of illegals into our country.
Ever year the level of criminality just gets worse and worse.
Because nobody is ever held accountable.
Should members of the Biden regime be prosecuted? Absolutely, if they committed an actual crime. And I don’t care how old they are. And while I’m at it, they should have their lifetime government pensions removed. Criminals like Fauci are getting a pension of over $300k per year even though they committed massive frauds on the American public.
Should members of the Biden family be pardoned? Absolutely NOT!
Yes! The reason isn’t revenge. It isn’t because President Trump needs the action to avoid imprisonment. It is because if the type of corrupt behavior is allowed to go unpunished, it will be repeated over and over again by despicable people like Marc Elias and funded by even more despicable people like George Soros and his equally criminal son.
What about Soros? Should he not be held accountable for providing financial backing and encouraging prosecutors to do what they did?
I say, the charges should also include Treason! The Firing Squad will change their minds forever and they deserve it!
What should be pointed out that laws were not just bent, they were broken in many of these prosecutions. A look at the actions of the prosecutors and their interaction with the white house needs to addressed. Also there is and was a clear conflict of interest concerning the case in New York, the people who actual broke laws to harass Mr Trump need to be punished by the laws on the book. That may not be everyone involved but some should be set as an example so that a few administrations later people will want to avoid this kind of harassment and focus on actual crimes.
All of those crooked prosecutors and judges , specially the one bribed by Crooked George Soros, they should be prosecuted and returned all fees back to Trump
The entire “lawfare” debacle reminded me of Orwell’s pigs in Animal Farm. “All are equal, but some are more equal than others”. The resounding loss of Harris is a reminder that, indeed, no one is more equal. I hope that those who endorsed, perpetrated, and enabled that blatant miscarriage of justice pay a price for it.
We hope the new AG will deal with tis problem or else, we will be a country without laws, no longer a Republic governed by Constitutional LAWS, but by Democrat mobs?
All of these self-righteous prosecutors should have their day(s) in court. Not as a prosecutor but as a defendant spending 10’s of thousands of dollars at their own expense. These shame court cases were patently open lawfare against a Presidential candidate. Their actions demonstrated that these court cases were to dissuade President Trump from running again. Their actions make Stalin, Mao and any other banana republics ‘proud’! It was Lavrentiy Beria-Stain’s ruthless secrete police that said “ Show me the man and I’ll show you the Crime”! He would be proud of the contrived lawsuits against President Trump… WHAT A STAIN ON OUR JUDICIAL SYSTEM!
NOT ONLY SHOULD THEY BE CHARGED, BUT “CHARGE WITH TREASON AND THE ATTEMPTED OVERTHROW OF THIS COUNTRY!!!”- Which has costed this country 30 MILLION PLUS OF AMERICAN LIVES!!!! (with all of the Ops that they have pulled for over 60 years- COVID BEING THE BIGGEST OF THEM!!!!)- AND PUT TO DEATH ASAP!!!!!!!!!
Yes!
Yes, they should be prosecuted
They set a “lawfare” precedent and now it’s time to set a legal precedent to combat that in the future.
It’s time to pay the piper. They gambled and bet on corrupt and biased courts and lost. These lawyers and the judges should at least be disbarred.
Yes, Dems wasted time
Yes. they wasted taxpayers time and money.
Trump should engage the GA to investigate the socialist party and its members for crimes and treason, set the guidelines then walk away and only insure the law is upheld. While investigating the socialist party and its members, if a trail leads to sponsors, supporters, associations, etc., they should be investigated as well.
America is a country of laws where no one is above the law we and equal justice for all is our national mandate. There should not, and must not be amnesty given to any political group, politician or appointed government personnel, EVER, for crimes or treason against our country.
If amnesty if given for political crimes and or acts of treason, it will signify the beginning of the end of America as it will normalize political crimes and treason allowing them to become tolerated in the name of Washington’s political elitist. This will leave America up for sale to the highest bidder and every washington political elitist will eventually jump on the bandwagon of treason for personnel gain.
Hasn’t the Ly’n china joe By-done-for family taught America anything?
If politicians are allowed to commit crimes and treason without consequences it won’t be long before non political people join in for personnel profit as well. Then what?
It’s well past time for EVERY AMERICAN TO DECIDE.
Do WE The People of The United States of America want to be true to Our Constitution and be a country of equal justice for all or a the socialist party’s version of their communist turd world banana republic under the control of the highest communist foreign bidding person group or country.
I believe this election, 87 percent of the American people stated loud and clear beyond any question of doubt.
America is not the communist controlled socialist country the socialist party tried to make us. That America is a country of laws and equal justice for all, that NO BODY, THAT INCLUDES POLITICIANS, IS ABOVE OUR LAWS…
And That’s A Fact Jack!
Investigation and if warranted trial and prosecution to the fullest extent of our laws. No excuses, to amnesty for treason should EVER be allowed of tolerated.
What message does it send when they’re allowed to get away with clear criminal abuse of their offices? Yup! You can just go ahead and roll the dice and attempt to get rid of candidates that you dislike or disagree with and there is no downside at all. When there is no clear punishment for this type of abuse and weaponization of their trusted offices, the one guarantee you can expect is for them to double, even triple down on this rotten behavior the next time they assume power. I pray the Trump administration makes examples of enough of these people that they will think very carefully the next time!
Something has to happen. What about all of the attorneys who supported Trump and the American citizens who had their licenses suspended? The latest being Rudy Guliani. What about all of the doctors who didn’t support the evil surrounding the Covid jabs? They had their license to practice medicine revoked. What about all the citizens charged for J-6 bs? They are still sitting in the Washington gulag, being mistreated by these evil people and they have as of yet gotten a fair trial. What about all the J-6 political prisoners who were forced into a plea just so these evil people could continue abusing American citizens? Will there be any justice, or are we supposed to just ignore all the evil and move on with our lives until next time?
Absolutely, without fail, immediately for they are low life dweebs and cannot be allowed to do this.
This’s not just about the abuse of power or unethical conduct it’s also about treason.
Some of these people are in the pockets of our enemies. Here’s something that got berried be sham j6 committee president trump had national guard troops on stand by ready to act the speaker of house refused otherwise this could‘be been prevented
Lastly every bad actor needs to be held accountable
In a word, YES.
I can understand Trump’s reluctance to seek retribution, as it will spend time and resources that could be better used implementing his agenda. But still, these people must be held accountable. Maybe the idea of a panel of judges evaluating is a better idea. Disbarment sounds good.