Last week’s indictment of Donald Trump, engineered by a hard-Left partisan Manhattan D.A. who had made his intentions known when he was running for office, didn’t change any of the ethical calculations here that were recorded when that indictment seemed imminent almost two weeks ago, or in the update, when it appeared that Alvin Bragg might have lost his nerve and decided to be an ethical prosecutor after all, here. I reviewed both posts to see if I would change anything, and I would not, but the final line of the March 18 essay still resonates: “The indictment will remind people of why he won in the first place.” Bragg’s exercise in politically-driven law enforcement will drive far more voters to Trump than it strips away. This makes his actions as politically and pragmatically irresponsible as they seem to be legally and ethically indefensible.
It is necessary to include the caveat “seem to be” because we haven’t seen the indictment yet. Maybe Bragg has legitimate cause (other than “he’s a bad guy and must have done something illegal”) to bring criminal charges against the ex-President, though virtually no unbiased legal analyst with any legitimacy thinks that’s likely. If he does, then his pursuit of Trump may be unwise, and its passion may be fueled by bias, but it is not unethical.
From another perspective, however, even if there were valid and legitimate reasons to charge Trump in this case—and I will be surprised if there are—if there ever were a situation where prosecutorial discretion and restraint were screamingly called for, this is it. The ripples and waves emanating from this indictment and, heaven help us, the arrest and trial will cause so much havoc in our political system, legal precedents, societal divisions, and national discourse that it cannot even be quantified or predicted. They could easily result in Donald Trump being elected again, or arguably worse still, in Joe Biden being re-elected. Whatever happens as a result of Bragg’s conduct, it is certain to be bad for everyone except, maybe, the fanatical Trump Deranged, who have already demonstrated a willingness to destroy the Constitution, the Rules of Law, democratic institutions and ethical standards to get their prey.
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