Photo Credit: Gage Skidmore | Flickr
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).
