Creator: Joe Raedle Credit: Getty Images
Since the television networks announced Joe Biden the winner of the 2020 Presidential election, cable news commentators have marched across their screens to lament Donald Trump's refusal to cooperate in transitioning to the new administration. These commentators note that Trump's constant and fruitless court battles against the election results undermine U.S. democracy and law rule. They also point out that the Trump Administration's plans to distribute coronavirus vaccines are now being formulated without input from the Biden Administration, even though Biden will be responsible for carrying out those plans. Further, because Trump has refused to provide Biden with security briefings while destabilizing military conflict zones by withdrawing troops and contemplating military attacks on enemies, he risked military aggression against the U.S. Despite these dire consequences, no one has suggested a way to end this stalemate except waiting until Biden has been sworn in as President on January 20, 2021.
Given the legal dangers facing Donald Trump and his penchant for making deals, there is an obvious approach. Biden could offer Trump immunity in return for an end to his refusal to transition his administration to the Biden Administration. Specifically, the New York Times has presented convincing evidence that Trump is guilty of evading taxes for years. The New York District Attorney is currently investigating Trump and his businesses. Michael Cohen, Trump's personal attorney's conviction for federal campaign violations involving payoffs to two of Trump's mistresses, identified Trump as an unnamed co-conspirator. And the Mueller report presented evidence of Trump's obstruction of justice even though the Department of Justice did not indict him because he was a sitting President.
According to press reports, Biden has told members of his inner circle that he does not want to pursue Trump. Biden believes pursuing Trump would consume too much of his administration's attention, make it harder to work with Republicans in Congress and undercut his efforts to unite the country. These reasons are like those given by President Obama when he announced his decision to forego an investigation of the Bush Administration's use of "enhanced interrogation." Presumably, Biden would attempt to deflect attention from his decision by claiming that he will leave the decisions about criminal investigations to his attorney general. But the decision about whether to pursue Trump's wrongdoing is a policy decision that only the President can make. And if Biden is not going to have Trump investigated with an eye toward criminal prosecution, then he might as well get something concrete for the reprieve. At least, Trump's acceptance of a pardon would be an admission of guilt.
Given the legal dangers facing Donald Trump and his penchant for making deals, there is an obvious approach. Biden could offer Trump immunity in return for an end to his refusal to transition his administration to the Biden Administration. Specifically, the New York Times has presented convincing evidence that Trump is guilty of evading taxes for years. The New York District Attorney is currently investigating Trump and his businesses. Michael Cohen, Trump's personal attorney's conviction for federal campaign violations involving payoffs to two of Trump's mistresses, identified Trump as an unnamed co-conspirator. And the Mueller report presented evidence of Trump's obstruction of justice even though the Department of Justice did not indict him because he was a sitting President.
According to press reports, Biden has told members of his inner circle that he does not want to pursue Trump. Biden believes pursuing Trump would consume too much of his administration's attention, make it harder to work with Republicans in Congress and undercut his efforts to unite the country. These reasons are like those given by President Obama when he announced his decision to forego an investigation of the Bush Administration's use of "enhanced interrogation." Presumably, Biden would attempt to deflect attention from his decision by claiming that he will leave the decisions about criminal investigations to his attorney general. But the decision about whether to pursue Trump's wrongdoing is a policy decision that only the President can make. And if Biden is not going to have Trump investigated with an eye toward criminal prosecution, then he might as well get something concrete for the reprieve. At least, Trump's acceptance of a pardon would be an admission of guilt.
Of course, there are numerous reasons for attempting to prosecute Trump. Trump has tried to undermine the Constitution and shown contempt for democracy in many ways. He has colluded with foreign governments to benefit himself at the expense of the U.S. His reckless charges of election fraud in districts with high minority populations or Democratic-leaning constituents threaten to undermine our democracy. Trump has encouraged lawbreaking by members of his administration and his associates. Trump has given a pass to foreign governments and the Republican Party in their efforts to erode confidence in democracy. And Trump, through his callous disregard and incompetence, has failed to address COVID-19 adequately. Two hundred and fifty thousand Americans have died, at least half of whom could have been saved by adequate Presidential leadership. By refusing to acknowledge Biden's victory and establish a transition to the Biden Administration, Trump is making it likely that many additional Americans die of COVID-19.
The cost of ignoring justice to reach out to Republican voters and pursue his agenda will be much higher for Biden than Obama. Obama had to decide if government officials had broken the law to save Americans from terrorist attacks. Having done so much to harm the U.S., Trump must be held accountable for his alleged crimes and show no man is above the law. Attempting to prosecute Trump would demonstrate his equality before the law and thus offer some compensation to the U.S. for the harm he has done. Biden must decide whether to allow a President who has consistently put himself and others above the American people's welfare to escape justice. Biden may believe if his administration does not prosecute Trump, his supporters will be mollified and begin to work with him. Will Trump's supporters work with Biden to accomplish his plans for health care, economic equality, and racial justice? Or will they continue to believe the lies and fantasies Trump and the Republican Party have preached for the last 12 years?
Once Trump leaves the White House, he will continue to preach those same lies and fantasies. And, although he has never been restrained, once out of the White House, he will certainly be wild in the streets. Trump's escape from accountability will be proof that we live in an oligarchy where the elite is above the law. A fact Trump will use to prove that he was unable "to drain the swamp" because Biden cheated out of his second term. If the Biden Administration prosecutes Trump, the judicial process may uncover some truths that Trump supporters will believe. Without a trial, Trump will remain free to spread his lies.
The notion that Biden can reconcile the nation by ignoring the damage done in undermining our democracy is absurd. It is as though the Union decided to reinstate Robert E. Lee to the U.S. Army to show that there were no hard feelings toward the Confederacy. If Biden intends to bind this country's wounds, it must be by promoting the welfare of all while maintaining justice for all.
The cost of ignoring justice to reach out to Republican voters and pursue his agenda will be much higher for Biden than Obama. Obama had to decide if government officials had broken the law to save Americans from terrorist attacks. Having done so much to harm the U.S., Trump must be held accountable for his alleged crimes and show no man is above the law. Attempting to prosecute Trump would demonstrate his equality before the law and thus offer some compensation to the U.S. for the harm he has done. Biden must decide whether to allow a President who has consistently put himself and others above the American people's welfare to escape justice. Biden may believe if his administration does not prosecute Trump, his supporters will be mollified and begin to work with him. Will Trump's supporters work with Biden to accomplish his plans for health care, economic equality, and racial justice? Or will they continue to believe the lies and fantasies Trump and the Republican Party have preached for the last 12 years?
Once Trump leaves the White House, he will continue to preach those same lies and fantasies. And, although he has never been restrained, once out of the White House, he will certainly be wild in the streets. Trump's escape from accountability will be proof that we live in an oligarchy where the elite is above the law. A fact Trump will use to prove that he was unable "to drain the swamp" because Biden cheated out of his second term. If the Biden Administration prosecutes Trump, the judicial process may uncover some truths that Trump supporters will believe. Without a trial, Trump will remain free to spread his lies.
The notion that Biden can reconcile the nation by ignoring the damage done in undermining our democracy is absurd. It is as though the Union decided to reinstate Robert E. Lee to the U.S. Army to show that there were no hard feelings toward the Confederacy. If Biden intends to bind this country's wounds, it must be by promoting the welfare of all while maintaining justice for all.