Nixon Knew When to Step Back; Trump Does Not – Former President Donald Trump has been indicted. This is a major moment in U.S. legal history. No American president has ever been charged with a crime in this manner. Were Trump convicted, he could potentially face jail time. That would be unprecedented. No American president has ever gone to prison.
There will be a lengthy debate about whether the indictment represents a ‘criminalization’ of political difference – the interpretation suggested by Trump and his media allies – or the application of the rule of law to everyone, including former presidents – the interpretation suggested by Trump’s many critics.
But this debate need not happen if only Trump himself would step back. It is very obvious that even Trump’s harshest critics are wary about this case. Everyone is aware of the precedents being set. No one wants ex-presidents to be routinely investigated, much less jailed. This is known problem in other democracies, where the partisan transfer of power can lead to investigations of the previous president.
If Trump had retired from politics, as President Richard Nixon did in the wake of the Watergate scandal, many of the cases against him would likely be dropped, even if they have legal merit. But Trump is relentless and unscrupulous. He insists on running for office again, despite his many scandals and allegations. In doing so, he is forcing the country into a binary choice of either investigating an ex-president or tolerating his lawlessness.
Even Nixon Knew When His Time was Up
In the early 1970s, Nixon was in a similar position. Watergate had disgraced him. Impeachment was moving forward; he was likely to be convicted. The country was deeply divided. Yet Nixon did something Trump is incapable of – resigning from the presidency and then withdrawing from public life. A deeply flawed man who probably should have gone to prison, Nixon nonetheless deserves some credit for this act of abnegation. He spared the country a wrenching constitutional conflict.
President Gerald Ford pardoned Nixon, ensuring he never went to prison. This was widely criticized as letting Nixon off the hook, and certainly, Nixon was guilty. But Nixon accepted the implicit deal of the pardon – the country would look the other way on his behavior if he never returned to politics. And Nixon’s post-presidential restraint helped rehabilitate his reputation. When he died in 1994, his funeral was treated as a moment of national importance with national figures in attendance. Nixon had restored himself somewhat.
This informal deal – we will not prosecute you if you go away and keep quiet – is almost certainly available to Donald Trump too. The insistence on prosecuting him is as much political as it is legal. Trump stirred up a mob to attack the US Congress to retain the presidency. His instincts are increasingly authoritarian. He promised ‘vengeance’ if re-elected. There is widespread anxiety about his possible return to the presidency. Even Republican officials would like to move on from him to Florida Governor Ron DeSantis. But Trump will not take the offer. Trump wants to be president again and wants be vindicated as innocent.
Prosecuting a President is Inevitably Political
Trump’s problem is obvious though. He is almost certainly guilty of many offenses, both before (such as tax fraud) and during his presidency (such as election tampering). In the specific case of last week’s indictment, Trump did indeed pay off a pornographic movie star with whom he had an affair. But infidelity and trying to hush it up is not a crime. Pursuing Trump over how the money was distributed will feel meager and forced. It will certainly worsen the perception among Trump voters that they are a persecuted minority.
But Trump will never admit any mistake. To withdraw from politics would imply that. Trump also loves the limelight. The attention of the press feeds his narcissism. Hence, the country must engage in a new, potentially fraught course: investigating and possibly imprisoning a presidential candidate with a reasonable chance at victory. Because Donald Trump will not withdraw from public life, America has no choice.
This can be done without a social implosion. In South Korea in 2016, a sitting president was impeached and removed without a major breakdown of social order. President Park Geun-Hye was similar to Trump in that she insisted she was not guilty despite the massive evidence against her. And, like Trump, she refused to resign. Had she, she would likely not have been prosecuted and jailed. She too could have take that Nixonian exit deal – go quietly, and the country will look the other way. She, like Trump, turned it down.
The Trump Mistake
Trump is not public-spirited. He will admit nothing. He will never step back. Even if he loses the 2024 presidential race, he will likely stay active in American politics. Hence, there is no choice but to investigate him. He has left the country no other option.
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Dr. Robert E. Kelly (@Robert_E_Kelly; RobertEdwinKelly.com) is a professor in the Department of Political Science at Pusan National University and 19FortyFive Contributing Editor.
Brandon
April 2, 2023 at 8:16 am
So this means politically motivated prosecutions should be expected in the USA and there is nothing wrong with it. Disagree.
Will Longfield
April 2, 2023 at 9:04 am
I think everyone already knows that the goal of this prosecution is not to prosecute a crime, it is to try to force Trump to leave politics. All pretense of the impartiality of law has been abandoned.
This is banana-republic behavior.
Jim
April 2, 2023 at 10:39 am
To go back seven years, beyond the Statute of Limitations, on (at worst a paperwork error) is not the same thing as Nixon… it’s a false comparison.
But I’m not surprised… people are losing their basic ability to apply reason, logic, and critical thinking… which if applied with an eye for objectivity, generally limits the worst of partisan extremism.
But as we’ve already seen, something about Trump brings out the worst partisan instincts… I’ve seen in my lifetime.
This case, if we follow the Rule of Law, will be handled appropriately.
The prosecution has the absolute burden of proof.
Trump has no burden to present any evidence at all.
The evidence in order to sustain a conviction has to be beyond a reasonable doubt… to a moral certainty.
It’s clear there is a political objective to this prosecution… to the extent you deny it, you are lying to yourself.
It’s mirror time:
Look in the mirror, do you want the American Political System to be “the party in power, the party in jail?”
Because that were we’re heading… if we aren’t already on the path… what happens then?
If you’re being honest & fair, and you want to save the Republic, there is a test: put the shoe on the other foot. Would you want your side treated the same way?
In other context, it’s called the Golden Rule.
Sadly, many only see RED, when they think of Trump.
How important is the Rule of Law to you?
If we lose it, the Republic will Fall.
Guaranteed!
Trump is the canary in the coal mine.
Mike Hadley
April 2, 2023 at 10:48 am
Guilty until proven innocent?
Walker
April 2, 2023 at 10:57 am
No Brandon, it means that Republicans and Democrats are all subject to the law. Your side, my side whichever is which. Stop calling it political, just because your guy got caught breaking the law. If you cared about the law, you wouldn’t be trying to protecting people that broke it. You would realize that people who break the law are not on your side. It isn’t persecution. It isn’t political. Look at it this way. If Trump didn’t do anything wrong, the Jury will see that. If we can’t have fair trials, there is already no side. We are all screwed.
Jimmyf40
April 2, 2023 at 11:41 am
It’s all down to the so-called great soul of ‘democracy’ of USA. The wokeism soul.
So great you have galloping inflation, numerous mass shootings, politicians with moldy skeletons in the closet, Biden family on the take, 17 intelligence agencies and unannounced FBI searches on private homes.
It also makes complete sense why so many nations in USA backyard are all up to their gills mired in serious crime, rioting, drug affliction, murder, killing, human trafficking and overcrowded prisons.
It’s called two-legged type real-time snakepit.
USA, the Numero uno snakepit in the world !
Jim
April 2, 2023 at 12:31 pm
Walker, you’re a fool:
“…just because your guy got caught breaking the law.”
You don’t know that… but you want to be a parrot.
Good little parrot.
Talking the party line.
Just confirms you have no respect for the law… or even what passes for a plausible story… on a comment board.
Of what is public, this prosecution is dubious.
Obviously, next week, we see the indictment.
Then there will be another crow fest on the hard left… they seem to thrive on tyranny… drifting into Jacobinism.
And, Walker, you & others will be good little parrots, I’m Sure.
Do they put out bird seed for you in the mornings?
I hope you guys got somebody better than Biden.
He’s a wreck.
jeff
April 2, 2023 at 1:43 pm
Walker, we no longer have fair trials. Trump will most likely be convicted by a jury of democrats who hate him. The media screams Trump is a criminal from the rooftops and covers for the Biden family crimes. The big lie is alive and well in America.
Joe Arnold
April 2, 2023 at 2:42 pm
I believe that when s law is broken and the perpetrator is not indicted, then our legal system is corrupt. We ought to create the highest standards for conviction, especially with those who supposedly serve the public. This reminds me of All Capone’s case. Everyone knew his position in the Mafia but he, like trump, was like Teflon when it came to evading indictment. He was ultimately indicted and convicted of tax evasion and served time.
Trump committed multiple crimes as a private citizen and was not indicted. He also committed attrocities to the American people while in office. He cared not for the people, including his supporters, he cares only about himself.
We are a people of this country and deserve a leader who responds for the greater good of the people of this country. Trump has no soul and no desire to be a great leader. He is only interested in being a tyrant.
It is amazing to me that sn affair that cost him whatever small amount of dignity he possessed.
Like Capone, he tripped on his own misplaced sense of being above the laws of this great nation and will now be prosecuted for his own failing as a leader and human being. Hitler, Putin, and trump have been are about to face the same self-imposed consequences of their own actions.
Sofronie the Monk
April 2, 2023 at 3:05 pm
Will, can you please remind the class who:
1. in his first campaign repeatedly threatened to have his opponent jailed
2. is on tape after his second campaign asking for votes to be found
3. incited an insurrection to remain in power
4. in his third campaign openly promises vengeance
Banana republic behavior? Sure as hell. But from the orange guy.
Rick
April 2, 2023 at 5:30 pm
When citizens are willing to look the other way ignoring criminal behavior we are in trouble. Insulating politicians from having to answer for their actions isn’t patriotic, doesn’t demonstrate dedication to the pillars of democracy and becomes one step closer to that which we abhor.
Kandy
April 2, 2023 at 7:00 pm
Delusional article.
dave
April 3, 2023 at 12:25 am
We are now a 3rd world country run by a vegetable.
Dave Nelson
April 3, 2023 at 3:33 pm
re: The Article: Yes, of course, Trump cannot let go, his clinical Narcissism will not allow it. In his mind he MUST be the best of the biggest everything, the most everything, and the center of everything. He CANNOT do anything less.
And that means he must be entirely transactional, have no remorse about deception, illegality, amorality, parasitism, or anything else normal people regard as highly funky.
Because he sees himself as the ultimate it is everyone’s job to also see him as the ultimate man, better than all others. And his Flying Monkeys do (see them in some comments, above).
This is not ambition, a personality quirk, it is a mental illness called Narcissistic Personality Disorder.
HE cannot stop himself. He hungers for the accolades, he wants to be elected again. Do the job? Not so much.
Tamerlane
April 4, 2023 at 2:20 am
No Walker, this indictment shows that Republicans and Democrats are not treated equally under the law, but that the law has been completely bastardized to accomplish the exact opposite of “Justice”, which is equal treatment under the law, with means-ends reverse engineered targeting of political opponents because they are opponents. The point is, that these charges are being brought against Trump because of who he is and because of what political ideology he espouses, not because of what occurred. It is not only a blatantly political inquisition but it is a blatantly partisan political attack. That’s all. It’s completely illegitimate, and anyone who supports protecting the rule of law should condemn this lawless indictment by a stacked grand jury. There is a zero percent chance Trump can get a fair trial with a neutral jury. Zero, which is why this prosecutor is trying this case… to “get him”.
“just because your guy got caught breaking the law” which law is that? Bragg is trying to punish Trump for “violation” of a federal law which the DOJ and other feds have already determined wasn’t a legal violation…. If you cared about the law Walker, you wouldn’t be trying to bastardize it to target people based upon their viewpoint. What you champion is akin to the constitutionally proscribed “bill of attainder”, it’s the opposite of the rule of law.
“If Trump didn’t do anything wrong, the Jury will see that.” What in the holy hell are you smoking? Of course he can’t get a fair jury. It’s NEW YORK, and he’s facing facially trumped up charges based on actions the southern district of New York already determined wasn’t even a crime. The only place less likely to give him a fair trial in the country is D.C. The jury is going to be 50-50 republicans and democrats Walker?? Stop with the charade.