The news that special counsel Jack Smith has issued a target letter to former President Donald J. Trump for his role in challenging the 2020 elections is scary. We don’t yet know the evidence, but based on press reports, the charges, such as defrauding the United States by attempting to challenge the results of the disputed 2020 presidential election, appear to be a stretch. But putting aside the legal merits or lack thereof, it is time — actually, long past time — for cooler heads to prevail.
Then-President Gerald Ford’s explanation of the Nixon pardon sounds prophetic today: “The tranquility to which this nation has been restored by the events of recent weeks could be irreparably lost by the prospects of bringing to trial a former President of the United States.” President Joe Biden must follow Ford’s example and pardon his predecessor so that the country can move on.
And if he doesn’t, Biden runs the serious risk that events spiral out of control and violence is instigated. Trying to put a former president and your leading opponent in the next election in federal prison is a serious business that could literally tear the country apart.
In two earlier articles in these pages, I counseled that “those pushing divisive issues should try to put them in perspective by asking whether or not they really think they’re important enough to risk a national breakup over them,” and I expressed my “hope that both sides will keep their grievances in perspective and remember that it is only ‘a Republic’ if we can keep it. Or in the lingo that millennials understand, ‘Democracy … means sharing a country with ass–les you can’t stand.’”
Since I wrote those words — in 2021 and 2019, respectively — things have only gotten worse. I understand that about half the country hates Donald Trump and truly believes that his actions in challenging the 2020 election amounted to an “insurrection.” But before pushing for punishment, they should consider carefully the potential consequences for the country of a trial, conviction, and sentencing of the former president. I fear that the part of the country that still loves Trump will not stand idly by and watch their hero be taken off to jail in handcuffs. The reaction to a conviction and sentencing could make Jan. 6 look like child’s play.
To be clear, I am not advocating violence or any other form of resistance; I am merely predicting what I fear may occur and urging those with the ability to prevent chaos to act wisely to pull us back from the precipice. Neither do I intend to defend any of Trump’s behavior; I am pointing out that getting a pound of flesh for his alleged misdeeds may well backfire, ending badly for all of us. (READ MORE: Trump Is Trouncing His GOP Opposition — Why?)
I do understand that some pundits think that Biden and his political advisers want Trump to be the Republican nominee in 2024 because they think that he will be the easiest candidate for them to defeat. That assumes, however, that law and order will prevail and that there will be an election in 2024. Domestic violence — like wars that no one desires — occurs when actions and counteractions escalate out of control in ways that neither side anticipated. Those with the power — and the responsibility — to prevent a second American civil war should consider how those who do not share their hatred of Donald Trump may react if they continue down the present course of trying to put him in jail.
One of the tragedies of the human condition is that while our brains allow us to envision the future, we are not very good at predicting it. I do not claim the ability to see the future accurately, but, as an illustration, I’d like you to consider one possible scenario.
Florida Gov. Ron DeSantis has already announced that he would not extradite Trump but would give him safe haven in Florida. Wisely, Trump did not avail himself of that offer — but suppose Trump had accepted it. That wouldn’t be the end. New York could refuse to accept Florida’s blocking of its attempt to prosecute for Trump’s alleged violations of law that occurred in New York. New York, or the FBI, might counter by sending armed agents to Florida to arrest Trump and bring him back to New York.
How would DeSantis react? Would he order the Florida state police or national guard to resist this affront to Florida’s sovereignty? If you are saying, “That can’t happen here,” consider the ongoing actions by the governor of Texas to use armed forces under his command to enforce immigration laws that the federal government refuses to enforce. Yes, Betsy, it can happen here.
Granted, there’s no one scenario more likely than any other, but several could end in Americans turning their guns on each other. It is important to consider not only what is likely to happen but also plausible worst-case scenarios. Is even a 5 percent chance of violence really worth taking when the future of our country is at stake?
Both sides are playing with fire, and we could all get badly burned. And that is without considering both that our foreign adversaries — like Vladimir Putin — would be only too glad to see our country plunged into violence, and that misinformation and miscalculation often occur due to “the fog of war.”
Appointing special counsels like Jack Smith is akin to launching a nuclear missile that is very hard to recall once it is underway. Neither Biden nor Attorney General Merrick Garland should turn a blind eye to the potential consequences of prosecuting the leader of the opposing political party, even if either thinks he has an arguable basis for doing so.
Biden is not known for his wise statesmanship — or for putting the interest of the country above his own political ambitions — but let’s all hope he comes to his senses and pardons Trump before this thing really gets out of hand.
