16th January 2025
Over at Prospect, for this my “weekly constitutional” post I have done something on why the ultimate fault for Trump not being held to account for what he did on 6 January four years ago is not with the failed, now effectively out-of-time prosecution, but with the fact it was not dealt with properly by the Senate when Trump was impeached.
This was something which should have been dealt with by impeachment, not indictment.
It was the wrong i———ment word.
This is not to say there are not problems with the prosecution, and I mentioned some of these in a post here a couple of days ago, when the special prosecutor’s report was published.
But.
Even taking the prosecution at its highest, it was wrong tool for the job.
When the Senate acquitted Trump over what he did on 6 January 2021 and so did not disqualify him from office (a political and not a legal sanction), all else followed.
What Trump did on 6 January 2021 also fitted various general criminal offences according to the published report, but that was incidental.
It was essentially a political wrong – and so it should have been dealt with by political means.
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