Trump Prosecutions and the Rule of Law
- November 7, 2023
Former President Donald Trump has been indicted by four grand juries for crimes ranging from knowingly mishandling sensitive national security information to conspiring to overturn an election to obstruction of justice. He is now entitled to the same rights — no more, no less — guaranteed to all criminal defendants by the Constitution and state and federal law.
Protect Democracy has produced a number of resources on Trump’s criminal cases, all of which are grounded in key concepts:
- Upholding the rule of law, including independent law enforcement and the fair administration of justice, is necessary to a healthy democracy.
- A political candidate is not entitled to special treatment in the criminal justice system.
- Accountability for political leaders who violate the law — regardless of status — is critical for our democracy in both the short and long term.
It is crucial that the American public understand the charges against Trump, the ongoing legal proceedings and the legitimacy of those proceedings under rule of law principles, and why it all matters. On top of it all, time is a critical factor. In particular, if the federal courts don’t move swiftly on the key questions before them (and right now the most pressing question is whether former presidents are immune from criminal prosecution), voters may not have the benefit of crucial information that would come from a public trial before the November election. Just as important, Trump may succeed in avoiding a trial altogether if he wins reelection.
Resources on Trump Prosecutions:
Assessing investigations and prosecutions of political leaders (including Trump)Assessing investigations and prosecutions of political leaders (including Trump)
Prosecuting Political Leaders During an Election April 2024 Prosecuting Political Leaders During an Election
Trump “gag” order: More at stake than the First Amendment November 2023 Trump “gag” order: More at stake than the First Amendment
Trump’s indictment for conspiring to hold onto power is a step forward for democracy August 2023 Trump’s indictment for conspiring to hold onto power is a step forward for democracy
How to weigh the federal national security and obstruction charges against Trump June 2023 How to weigh the federal national security and obstruction charges against Trump
Media Guide: Investigating and Prosecuting Political Leaders in a Democracy May 2023 Media Guide: Investigating and Prosecuting Political Leaders in a Democracy
More than 1,000 DOJ Alumni Explain Ongoing Investigations of Trump Should Not Be Deterred by His Presidential Candidacy November 2022 More than 1,000 DOJ Alumni Explain Ongoing Investigations of Trump Should Not Be Deterred by His Presidential Candidacy
More than 1,100 DOJ Alumni Endorse AG’s Commitment to Investigate High-Ranking Officials in Connection with Insurrection January 2022 More than 1,100 DOJ Alumni Endorse AG’s Commitment to Investigate High-Ranking Officials in Connection with Insurrection
Understanding the criminal charges against Trump
There’s no such thing as presidential immunity from criminal prosecution October 2023 There’s no such thing as presidential immunity from criminal prosecution
New York Times Opinion: Why It’s No Surprise That Trump Is Being Charged Under a Reconstruction-Era Law August 2023 New York Times Opinion: Why It’s No Surprise That Trump Is Being Charged Under a Reconstruction-Era Law
There’s no First Amendment right to defraud the United States government August 2023 There’s no First Amendment right to defraud the United States government
Four misconceptions about Trump’s federal January 6th indictment August 2023 Four misconceptions about Trump’s federal January 6th indictment
Why accountability for political leaders is important
The New York Review of Books: The Attorney General’s Choice July 2022 The New York Review of Books: The Attorney General’s Choice
The Authoritarian Playbook June 2022 The Authoritarian Playbook
Towards Non-Recurrence: Accountability Options for Trump-Era Transgressions January 2022 Towards Non-Recurrence: Accountability Options for Trump-Era Transgressions
Why time is of the essence
The Special Counsel is Right to Oppose Trump's Delay Strategy, Lawfare February 2024 The Special Counsel is Right to Oppose Trump's Delay Strategy, Lawfare
The Trump Trial Delay Strategy in Motion Tracker February 2024 The Trump Trial Delay Strategy in Motion Tracker
Protect Democracy United States Supreme Court Amicus Brief Opposing Stay Application February 2024 Protect Democracy United States Supreme Court Amicus Brief Opposing Stay Application
Mandate Matters: How the DC Circuit Could Limit Trump's Run-Out-the-Clock Strategy, Just Security January 2024 Mandate Matters: How the DC Circuit Could Limit Trump's Run-Out-the-Clock Strategy, Just Security
Republican Former Members of Congress in The Bulwark: Courts Should Move 'As Quickly As Possible' to Resolve Trump Cases January 2024 Republican Former Members of Congress in The Bulwark: Courts Should Move 'As Quickly As Possible' to Resolve Trump Cases
Paul Rosenzweig in the Bulwark: A Need for Speed – SCOTUS Should Move Fast on Trump Immunity Claim December 2023 Paul Rosenzweig in the Bulwark: A Need for Speed – SCOTUS Should Move Fast on Trump Immunity Claim
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