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Senate Democrats are not calling on the Department of Justice to bring charges against former President Trump for his actions in the lead-up to and during the Jan. 6, 2021, attack on the Capitol, despite a recommendation from the House panel investigating the unprecedented event.
While members of the House Jan. 6 select committee are ramping up pressure on federal prosecutors to indict Trump, Senate Democrats are taking a more cautious approach, with some arguing there’s a “high bar” for prosecuting a former president.
“I think you should be careful about prosecuting former presidents. I think it’s ok to have a high bar when it comes to bringing charges against former chief executives. If there’s clear and convincing evidence then the Justice Department should proceed but they should be pretty careful about doing so,” said Sen. Chris Murphy (D-Conn.).
Sen. Tim Kaine (D-Va.) acknowledged there are political risks to indicting a former president who still has strong support within the Republican Party, but he warned that failing to hold Trump accountable for his actions also has potentially negative consequences.
“I don’t tell prosecutors what to do but I think the evidence that has been laid out is very compelling,” he said.
Some Democrats warn that any prosecution of Trump might plunge the Justice Department into a political maelstrom and create a backlash from the former president’s fervent supporters.
“It is a very realistic concern, so there’s a risk,” Kaine said of a potential political backlash. “But there’s also a risk of allowing bad behavior to go unpunished.
“When there’s bad behavior and there’s no consequence it tends to encourage more bad behavior,” Kaine said. “In addition to just looking at the evidence, you have to weigh both of those.
