Opinion from a Libertarian ViewPoint

The Attempt to Prosecute Donald Trump Is Unleashing More Than Our Political System Can Handle

Posted by M. C. on August 12, 2022

Because I spent many years researching and writing about federal criminal law, I can say that if federal authorities wish to charge someone with a crime, nothing, not even the law itself, stands in their way. So, if the Biden administration really wants to charge Trump with something, the FBI will have no trouble cooking up something to order.

William L. Anderson

With the recent FBI raid on Donald Trump’s Florida home, the Democrats and the Biden administration have raised the political stakes to a level from which this country as we have known it may never return. All one can say to those that are demanding a criminal prosecution of the former president is: Be careful what you wish for; you just might get it.

Although the raid ostensibly was to see if Trump took classified documents from the White House when he left in a chaotic move in January 2021, former federal prosecutor Andrew McCarthy believes the Biden administration was again attempting to find that proverbial “smoking gun” tying Trump to the January 6 Capitol riot. Whether or not Attorney General Merrick Garland is able to grab the brass ring and prosecute Trump after yet one more fishing expedition is another story, although I doubt that any president has seen as many resources used to investigate him as has Donald Trump, but the Department of Justice has not filed charges yet.

Understand that anyone reading this article has committed a federal crime at some point, perhaps more than once. I adopted four children from overseas, and while I was not involved in the details (done through legitimate and registered adoption agencies), I can be held criminally responsible if anyone paid bribes in the countries where the adoptions took place. Even if investigators could not prove someone paid bribes, they could still charge me with a crime on a mere pretext. And the charges would stick, and most likely a federal jury would vote to convict.

Remember that Democrats wanted Amy Coney Barrett’s adoption of two children from Haiti investigated. While the demands were overtly political, it was clear that the Democrats believed in using criminal law to achieve political purposes in her case, but using the law that way hardly is limited to operatives of the Democratic Party.

(Lest one believe I exaggerate, read this account about lobster importers charged with federal crimes for allegedly violating Honduran lobster regulations—with the attorney general of Honduras telling the FBI there was no violation. A federal jury convicted the men, and they were sent to federal prison for eight years.)

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