The indictment served on Donald Trump on Monday marks the beginning of a legal reckoning that is desperately required, if American democracy is to properly free itself from his malign, insidious influence. Mr Trump already faces multiple criminal charges relating to the retention of classified national security documents and the payment of hush money to a porn star. But the gravity of the four counts outlined by the special counsel, Jack Smith, is of a different order of magnitude.
Mr Trump stands accused of conspiring, in office, to overturn the result of the 2020 presidential election. Following Joe Biden’s victory, the indictment states, Mr Trump “knowingly” used false claims of electoral fraud in an attempt “to subvert the legitimate election results”. A bipartisan congressional committee report last year came to similar conclusions and provides much of the basis for the charges. But this represents the first major legal attempt to hold Mr Trump accountable for events leading up to and including the storming of the Capitol by a violent mob on 6 January 2021.
The stakes could hardly be set higher. Democratic elections and the peaceful transfer of power are the cornerstones of the American republic. The testimony given to Congress indicates that Mr Trump used his authority to try to bully federal and state officials into supporting his claims that the election had been “stolen” from him. Repeatedly told that his assertions were baseless, he then mobilised a hostile crowd on 6 January to intimidate lawmakers charged with ratifying Mr Biden’s victory.
It is inconceivable that Mr Trump should not be made to answer for actions that imperilled the constitutional and democratic functioning of the United States. The prosecutors’ case will hinge on their ability to prove that he knew his claims of a stolen election were bogus. But beyond the trial itself, it would be foolish to underestimate Mr Trump’s ability to turn even this situation to his own political advantage.
The legal fronts on which Mr Trump is now engaged will drain his financial resources. But a narrative of victimhood and persecution has become, and will remain, the galvanising theme of his campaign. Two previous criminal indictments saw his poll ratings lift, helping him to establish a huge lead in the race for the Republican presidential nomination for 2024. Whatever the evidence to the contrary, a sizable proportion of American voters will continue to back Mr Trump’s self-serving version of reality.
One of the most dangerously polarising elections in US history thus looms as, over the next 15 months, Mr Trump uses political cunning to evade the legal net that is closing around him. Through his lawyers, he will do all he can to delay matters, hoping eventually to dictate the course of events from the White House. For his part, Mr Smith said on Monday that the justice department will seek “a speedy trial”.
It is in the interests of American democracy, to which Mr Trump represents a clear and present danger, that the justice department gets its wish. A healthy body politic cannot allow its founding values and core principles to be trashed with apparent impunity. Prosecutors will need to proceed with care and be alert to the complex political dynamics. But this climactic reckoning in court needs to take place before Mr Trump gets the chance to besmirch the country’s highest office all over again.
