With his loyalists lining up for key law-enforcement roles, Trump is fixated on former Republican congresswoman Liz Cheney, who helped lead the January 6 congressional investigation. “Liz Cheney has been exposed in the Interim Report, by Congress, of the J6 Unselect Committee as having done egregious and unthinkable acts of crime,” Trump recently said. Then he added: “She is so unpopular and disgusting, a real loser!”
This accelerates a dangerous trend in American politics: using the criminal justice system to settle political scores. Both the Trumps and the Bidens have been entangled in numerous criminal law controversies, as have many other politicians this century, including Scooter Libbey, Ted Stevens, Robert Coughlin, William Jefferson, Jesse Jackson Jr., David Petraeus, Michael Fylnn, Steve Bannon, Bob Menendez, and George Santos.
Some of these cases represent legitimate law enforcement work. Some don't. The overall trend is clear: the bloodlust to imprison political rivals is intensifying.
The implications are profound. First, criminalizing politics undermines the fundamental principle that the rule of law applies equally to all people. Entangling the passions and biases of politics with the criminal law leads to different prosecutorial standards depending on someone's political affiliations—instead of evidence regarding their guilt or innocence. In American politics, the messenger matters more than the message; the actor matters more than the act. With the rule of law, the opposite is true: all individuals must be treated equally, and their specific alleged misdeeds—alone—are what counts.
Second, criminalizing politics accelerates a disturbing trend toward ever more polarization. It ramps up the stakes from treating opponents as political rivals to treating them like personal enemies.
Hardball politics is, of course, nothing new. It's woven into the fabric of our democratic system. But ultimately, we are one nation in a dangerous world. Our internal disputes shouldn’t consume too much national bandwidth. According to Trump, “I always say, we have two enemies. We have the outside enemy, and then we have the enemy from within, and the enemy from within, in my opinion, is more dangerous than China, Russia, and all these countries.”
This is a dangerous perspective and he couldn't be more wrong. Trump's mentality undercuts Americans’ ability to respond to the myriad international threats we face together. If looked at from a global perspective, Americans’ interests overlap far more than they diverge. Our energy should be focused on understanding and addressing big global challenges, not sending officials we don't like to jail.
Finally, criminalizing politics deters quality people from even entering the political arena. The United States government already has a personnel problem. Look no further than the presidency. We will soon transition from a man with obviously declining mental facilities to a man who tried to reverse the previous presidential election. This is neither normal nor the way it's always been. We shouldn’t further dissuade talented people from entering government over concerns that imperfections and ambiguities in their past will be twisted into politically motivated criminal accusations. The downside of winning office should be losing the next election and not going to jail.
These concerns must be understood in context. It's, of course, true that entering government should neither absolve someone from past crimes nor serve as a license to commit new ones. And even-handed justice requires prosecuting not just the weak and anonymous but also the powerful and well-known.
Striking the right balance is hard. But there should be a strong presumption in favor of leaving politics—and its inherent passions and prejudices—outside the courthouse.
Politicizing the rule of law doesn't just undermine our government and poison our justice system. It imperils our nation as a whole.
William Cooper is the author of “ How America Works … and Why it Doesn’t. ”
An Independent Voter's Perspective on Current Political Divides
In the column, "Is Donald Trump Right?", Fulcrum Executive Editor, Hugo Balta, wrote:
For millions of Americans, President Trump’s second term isn’t a threat to democracy—it’s the fulfillment of a promise they believe was long overdue.
Is Donald Trump right?
Should the presidency serve as a force for disruption or a safeguard of preservation?
Balta invited readers to share their thoughts at newsroom@fulcrum.us.
David Levine from Portland, Oregon, shared these thoughts...
I am an independent voter who voted for Kamala Harris in the last election.
I pay very close attention to the events going on, and I try and avoid taking other people's opinions as fact, so the following writing should be looked at with that in mind:
Is Trump right? On some things, absolutely.
As to DEI, there is a strong feeling that you cannot fight racism with more racism or sexism with more sexism. Standards have to be the same across the board, and the idea that only white people can be racist is one that I think a lot of us find delusional on its face. The question is not whether we want equality in the workplace, but whether these systems are the mechanism to achieve it, despite their claims to virtue, and many of us feel they are not.
I think if the Democrats want to take back immigration as an issue then every single illegal alien no matter how they are discovered needs to be processed and sanctuary cities need to end, every single illegal alien needs to be found at that point Democrats could argue for an amnesty for those who have shown they have been Good actors for a period of time but the dynamic of simply ignoring those who break the law by coming here illegally is I think a losing issue for the Democrats, they need to bend the knee and make a deal.
I think you have to quit calling the man Hitler or a fascist because an actual fascist would simply shoot the protesters, the journalists, and anyone else who challenges him. And while he definitely has authoritarian tendencies, the Democrats are overplaying their hand using those words, and it makes them look foolish.
Most of us understand that the tariffs are a game of economic chicken, and whether it is successful or not depends on who blinks before the midterms. Still, the Democrats' continuous attacks on the man make them look disloyal to the country, not to Trump.
Referring to any group of people as marginalized is to many of us the same as referring to them as lesser, and it seems racist and insulting.
We invite you to read the opinions of other Fulrum Readers:
Trump's Policies: A Threat to Farmers and American Values
The Trump Era: A Bitter Pill for American Renewal
Federal Hill's Warning: A Baltimorean's Reflection on Leadership
Also, check out "Is Donald Trump Right?" and consider accepting Hugo's invitation to share your thoughts at newsroom@fulcrum.us.
The Fulcrum will select a range of submissions to share with readers as part of our ongoing civic dialogue.
We offer this platform for discussion and debate.