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Statement on Trump Indictment

by June 9, 2023
June 9, 2023

Clark Neily

Reports that Donald Trump has been indicted on federal charges of mishandling classified documents, obstruction of justice, and conspiracy raise a host of mind‐​boggling questions, including whether it is possible for someone to run for president while incarcerated, whether a newly elected president can pardon himself, and whether President Biden will, in order to avoid the spectacle of the federal government prosecuting a declared presidential candidate during an election, pardon Trump preemptively.

Other questions include whether prosecutors can induce Trump to—as the vast majority of defendants do—waive his right to a public jury trial and plead guilty (doubtful), whether the case will be televised if it goes to trial (also doubtful—and shameful), and whether prosecutors can secure a unanimous guilty verdict from a jury in Southern Florida, where prosecutions of public figures are notoriously difficult. Regardless of how the prosecution ultimately plays out, it will likely represent a stress test both for the criminal justice system and constitutional provisions that have rarely—if ever—been explored or invoked. Buckle up—it’s going to be a wild ride.

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