Even without knowing how these investigations will unfold, we cannot deny that, in Donald Trump’s case, the punishment may have consequences that are potentially even more devastating for the country than the crime itself.
Attorney General Merrick Garland’s decision to prosecute — or not prosecute — Donald Trump, a former president and likely 2024 Republican presidential nominee, will be perhaps the most consequential judicial decision made in modern American history.
Regardless of what the FBI’s investigation into Trump — and specifically into the classified documents seized from his Mar-a-Lago home — ultimately finds, it’s already clear that Garland is, put simply, damned if he does and damned if he doesn’t when it comes to deciding whether or not to prosecute the former president.
Garland may even have to make this unprecedented decision twice, depending on what evidence his department finds in their separate inquiry into Trump’s involvement in the Jan. 6 insurrection.
Ultimately, if the FBI’s investigation into Trump’s handling of classified material finds that the former president committed federal crimes, it very well may be appropriate and necessary for Garland to prosecute. At this point, contrary to what some on the right are suggesting, there is no reason to believe that Garland has any motive to bring charges against Trump beyond fulfilling his duty as attorney general to uphold the law.
That being said, if Garland does decide to prosecute Trump, even if this decision is based on evidence that Trump committed a serious federal crime, it could set a disturbing and damaging precedent in this country. It also would rip America even further apart politically, potentially triggering another Civil War.
As evidence of the latter, we need look no further than the incident that occurred immediately following the FBI’s Mar-a-Lago raid at a FBI field office in Ohio.
