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David Smith, writing for The Guardian:
Donald Trump would have been convicted of crimes over his failed attempt to cling to power in 2020 but for his victory in last year’s US presidential election, according to the special counsel who investigated him.
Special Counsel Jack Smith concludes Volume 1 of his just-released 174-page Special Counsel Report thusly:
The Department’s view that the Constitution prohibits the continued indictment and prosecution of a President is categorical and does not turn on the gravity of the crimes charged, the strength of the Government’s proof, or the merits of the prosecution, which the Office stands fully behind. Indeed, but for Mr. Trump’s election and imminent return to the Presidency, the Office assessed that the admissible evidence was sufficient to obtain and sustain a conviction at trial.
While every prosecutor is expected to claim “we would have won,” the depth and scope of the report suggests an extremely solid case—unsurprising, considering we all watched the events it charges unfold live as they happened.
But Donald Trump did exactly what he set out to do: Delay, delay, delay, and hope to convince a plurality of Americans to grant him a get-out-of-jail-free card. And while I can’t say definitively, I think it’s reasonable to suggest that had Attorney General Merrick Garland appointed a special prosecutor a year earlier—or perhaps had President Biden nominated someone else for AG—Trump would have likely been convicted of his attacks on democracy, or at least found himself severely weakened politically, well before the election, and we would not be in the nightmare position we now find ourselves of having a convicted felon, adjudicated rapist, and clearly criminal politician as president.
The American people were denied justice, and democracy might be Donald Trump’s next victim.