Should Donald Trump face federal charges for Jan. 6? Two prosecutors debate ⬇️
McQuade is a professor at the University of Michigan Law School, a former U.S. Attorney for the Eastern District of Michigan and an NBC News and MSNBC legal analyst.
Similarly, non-criminal alternatives are inadequate to hold Trump accountable. Trump was impeached, but not convicted for his role in the Jan. 6 attack. And although civil suits have been filed against Trump for his conduct resulting in death and property damage in the Jan. 6 attack, civil liability in those cases is insufficient to capture his broader months-long criminal conspiracy to subvert the presidential election.
Third, Trump’s culpability also favors prosecution. At the time that Trump allegedly engaged in these offenses, he was the President of the United States, constitutionally bound to take care that the laws be faithfully executed. Above all others, Trump had a public responsibility to serve the American people. Instead, he pushed baseless lies and conspiracy theories that badly damaged our democracy to advance his personal and political interests.
Ford explained his rationale to Congress in testimony before the House Judiciary Committee in October 1974: Second, a federal prosecution would distract our president, our Congress, and our nation from important work, including fixing things broken by the Trump administration. We seem dreadfully distracted now, but important things still need our attention. That was precisely the point Ford made in his congressional testimony.
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