Attorney general’s dilemma: Whether to indict a former president – By Peter Grier Staff & Patrik Jonsson (CS Monitor) / July 29, 2022
It’s become clear in recent weeks that the United States is edging closer and closer to a confrontation that would be unprecedented in the nation’s history: the criminal prosecution of a former president by the administration of his successor.
Newly revealed actions, from subpoenas and search warrants to the calling of grand jury witnesses, indicate that the Department of Justice has been quietly forging ahead on a criminal investigation of former President Donald Trump’s inner circle for election fraud and activities linked to the Jan. 6 Capitol insurrection, say legal experts. The investigation appears to include a probe of Mr. Trump’s personal role, though he is likely not a target per se.
It’s highly unlikely that Attorney General Merrick Garland has already decided whether to include the former president in any prosecution, say former prosecutors. He would want first to let his department’s gathering of evidence run its course.
But bits that have emerged – plus testimony from the congressional Jan. 6 committee – show that it is indeed possible Mr. Trump could be indicted for some of his actions, say experts. For Attorney General Garland, the choice may turn on a more difficult and politically fraught question: Would such a prosecution be good for the country?