Yet while the process failed, it was not entirely pointless. It served at least three functions that partially, though only partially, redeem it.

The first and most visible of the three is that the cases created a record. The record is substantially bigger than the portion of it that is public. Eventually, more of it may become public. But even the record we have now across three of the four cases (the Georgia case did not advance far enough to produce much of a record) offers a great deal of clarity and precision about what Trump did, about how he did it, and about what prosecutors were prepared to prove beyond a reasonable doubt to a jury—and in one case actually did so.

The second benefit is subtler, but it is one I witnessed with my own eyes. Whatever else Trump may have gotten away with, he did have a moment of accountability in New York. That moment lasted for six weeks this past spring, when Trump was forced to sit in a courtroom, day after day, as witness after witness came up and testified in his presence about his conduct before a judge to whose authority he was forced to submit. Trump then had to sit there while 12 nobodies deliberated about his conduct and judged him. And he had to sit there as they delivered that judgment on dozens of counts—against him.

I do not want to overstate the importance of this moment of accountability. I don’t believe for a second that the experience of watching that process and being judged changed him or will alter his future behavior. I merely want to suggest that it visibly disquieted him and that this process of being judged was unlike anything he had been through before. .

… that moment of his conduct being subject to human judgment that he cannot persuade, cajole, or terrorize has, I believe, real value.

So too does a third aspect of the criminal justice process with respect to Trump’s conduct: the impact on those who aided him. While it’s clear that the cases against Trump are going away, and likely that Trump will pardon many or all of the Jan. 6 defendants, those facing charges in state court for 2020 election misconduct are not quite so lucky. They cannot be pardoned by the president, and freezing the Georgia case against him doesn’t necessarily freeze it against others. There are other state cases in a variety of jurisdictions. It’s hard to be a lawless president without the assistance of others. And these cases remain important because they may deter others from helping Trump in future lawlessness. And that has real value too.

The trouble is that none of it has enough value.

In the end, the process failed. If the Trump trials stand for one thing, they stand for the proposition that John Adams was wrong when he wrote that inspiring nonsense about having “a government of laws, not men.” The moral of the story of the Trump trials is that the criminal justice system will not ultimately rein in the tyrant if the people don’t want it to.

Archived at https://web.archive.org/web/20241112131519/https://www.lawfaremedia.org/article/the-situation--were-the-trump-trials-pointless

  • @[email protected]
    link
    fedilink
    English
    14
    edit-2
    11 days ago

    Yeah refusing to hand them over, obscuring the locations of the documents and losing them had nothing to do with it/s

    • @surph_ninja
      link
      -811 days ago

      Not defending his breaking the law. Pointing out Biden also broke the law by removing classified documents. Unequal application of the law for clear political purposes.

      Lock them both up.

      • @[email protected]
        link
        fedilink
        English
        811 days ago

        That’s dumb when there’s no intent or mishandling from one of them.

        It’s also not a crime to unknowingly possess classified material, which was the case for the one that wasn’t deliberately hiding them after being ordered to give them back.

        Almost like the one that was persecuted meant to do it, and the one that followed the law did not… Hmmmmmm what a crazy miscarriage of justice/s

      • @[email protected]
        link
        fedilink
        English
        711 days ago

        On one hand, we essentially have someone who accidentally missed an item during self checkout, and another person who ransacked the store, took everything they could, showed off what they stole, and had a standoff with police. Clearly both situations are not equal and saying that both should have the same consequences minimizes Trump’s actions and blatant disregard of the judicial system and American people.

      • @[email protected]
        link
        fedilink
        English
        010 days ago

        Try not being so blatant about arguing in bad faith next time. Makes you slightly more believable as not a complete partisan.

        • @surph_ninja
          link
          -110 days ago

          Comments like this make it obvious you only care about crimes if they’re committed by a republican.

          • @[email protected]
            link
            fedilink
            English
            110 days ago

            Comments like yours make it clear youre trying to equate two wholly different scenarios with the same level of culpability.

            • @surph_ninja
              link
              010 days ago

              Not at all at the “same level.” But there needs to be culpability regardless of the level of the crime.

              Most of us are sick of the rich and politically connected getting away with their crimes. Comments like yours make it clear you only want accountability for those you oppose, but forgiveness for the ones you support. You can’t build a movement on that.

              • @[email protected]
                link
                fedilink
                English
                110 days ago

                I mean, that is at least somewhat fair.

                Now, do I think that Biden who apparently did not know, had zero intent, and showed no resistance to getting those documents back to the right place would be charged? Most likely not. But I do agree that justice should prevail all the same.

                • @surph_ninja
                  link
                  110 days ago

                  I’m more concerned about his multiple violations of Leahy Laws.