AMERICA’S BROKEBACK CRY TO TRUMP: HOW DO WE QUIT YOU?

As Donald Trump’s four-year spree of crimes against democracy comes to a close, thought leaders in Democratic and legal circles are trying to figure out what to do with their nemesis. The options run the gamut, from ghosting him into existential oblivion, to a massive judicial inquiry approaching the breadth and depth of the Nuremberg trials. 

Clearly, the ghosting route has immense psychic appeal. As in any bad breakup, vaporizing the object of your disaffection into pure mental nothingness cleanses the mind and soul in preparation for new, and hopefully better, experiences. Alas, the stunt is hard to pull off with a mere mortal, let alone with the Svengali of Narcissus, and the 88 million Twitter followers at his fingertips. 

That narrows the choice to an assortment of investigatory and prosecutorial approaches.  Democratic Congressman Eric Swalwell of California proposed a “Presidential Crimes Commission,” a panel of independent prosecutors empowered to investigate any and all of Trump’s legally dubious actions during his presidency.  

Glenn Kirschner, a former federal prosecutor and George Washington University lecturer, suggested an even broader study by a bipartisan “Trump Crimes Commission” with congressionally selected members and staff from all three branches of government. That body, Kirschner explained in one news account, would investigate everything Trump did to thwart democracy, obstruct justice, and abuse power. He called it a “uniquely American response to our uniquely American atrocity.”

There has been strong support for this type of all-encompassing, spare-no-effort approach to dissecting the misdeeds, missteps and criminal activity of the Trump years.  The rationale was captured quite succinctly in a Financial Times’s interview of former Obama White House lawyer Ian Bassin. “By not confronting wrongdoing, we deprive Americans of an accurate, shared understanding of what happened,” Bassin told the newspaper. 

From a factual standpoint, it’s hard to argue with any of this.  Like a mad bull in a china shop, Donald Trump ran roughshod over every fiber of our democracy. There wasn’t a law, rule, norm, or principle that he didn’t trash if it stood in the way of his self-interest. 

Yet, the last thing this country needs right now is another four-year spotlight on Trump and the nefarious machinations of his presidency.  This is a guy who craves attention like a vampire covets blood. He just held up a COVID relief bill his own administration helped negotiate, and drew substantial bipartisan rancor, all because it gave him a few days of attention.  

Protracted investigations of every nuanced twist and turn, from Special Counsel Robert Mueller’s report to the impeachment trial, would give Trump a daily platform from which to rant and rave about the “witch hunts of the radical left Democrats who stole the election.”  

Yes, the president tried but failed to have Mueller fired. Yes, he tweeted disparaging comments about an impeachment witness during her testimony. It’s hard to see how trying to squeeze felony indictments out of such inane and moronic behavior advances the cause of American democracy. 

No U.S. president has ever been convicted of a crime for actions taken in office. That’s a precedent that can and should be broken for good cause, but a defamatory tweet or the ordered discharge that never happened hardly rise to that level. Sadly, criminal trials for obstruction of justice and witness tampering will bring us no closer to a consensus on what our democracy should look like. 

Unfortunately, our current political environment is not one where it is remotely possible to assemble what Ian Bassin, the former White House lawyer, calls a “shared understanding” of Trump’s wrongdoing.  We can’t even reach a “shared understanding” of who won the election.  More than 70 million people voted for Trump, and two-thirds of them believe their guy when he says he won in a landslide, an evidence-free belief constructed out of pure whim and fancy.

There are far more important issues than Donald Trump facing this country.  The pandemic continues to rage. As it does, the poor and much of the middle class face economic devastation. There is a growing crisis of racial injustice. We are fast approaching the point of no return on climate change. Nearly 29 million people are without health insurance. With narrow partisan divides in the House and Senate, President-elect Joe Biden faces enormous challenges on those and other issues.  Add a prolonged high-profile Trump investigation to that mix, and odds of success dramatically diminish on everything else.

On a deeply visceral level, the image of Trump, clad in an orange jumpsuit, looking frightened and forlorn in his prison cell, is therapeutic enchantment for roughly half the country. If he lands there as a result of relitigating the Russian investigation or the impeachment inquiry, the other half of the country (or at least his base) will see him as a martyred political prisoner.

This is not to say that we should simply ignore the 45^th president and the damage he did to our democracy. There is a lot of repair and reparation work to be done, but we don’t need a grand inquisition to do it. If new information related to criminal acts by Trump or his allies surfaces, it should be processed through normal channels in the Justice Department, thoroughly investigated and indictments sought if appropriate.

Trump himself has given us a detailed list of what needs to be fixed. When it comes to blowing up democratic norms, he was an open book. He hid his tax returns. He personally profited from official government business directed to his hotels. He ignored congressional subpoenas. He protected his interests by firing employees who got in his way. He used pardons to protect campaign allies convicted of crimes. The list goes on and on. House Democrats have already started drafting legislation that would close many of the loopholes Trump was able to crawl through.

Finally, the smoothest and most pragmatic route to fulfilling the lock-him-up fantasy, is through the office of Manhattan District Attorney Cyrus Vance Jr. His ongoing investigation involves Trump’s business and financial interests and could well result in indictments on multiple charges.  Such crimes are not only pardon-proof, they avoid the optics of political retribution.  Tax evaders and financial cheats don’t garner much sympathy.

Any way you cut it, Donald Trump will remain in our heads and in our news feeds for some time.  Still, the goal should be to diminish the focus on him so we can, at long last, deal with the momentous problems facing our country.