John Yoo, a law professor at the University of California, Berkeley, made it clear this week that the conviction of President Donald Trump before a Democratic judge with a Democratic base on charges brought by Democratic prosecutors has effectively erased any remaining pretense that the justice system is an avenue for resolution and reparations. The courts now appear to be an avenue for retribution and political gain.
Yu said the change means it’s time for Republican district attorneys to “pay back in kind.”
Ahead of President Donald Trump’s conviction, Yu I got it. National Review said the hush-money lawsuit was based on “farcical charges” and was made abundantly clear that its purpose was not to achieve justice but to protect a weakened Democratic president from a showdown with his primary rival in November.
“The superficiality of the facts and the vagueness of the crimes magnify the damage the Democrats have done to our political norms,” the former assistant attorney general wrote. “Make no mistake, the Democrats have crossed the constitutional Rubicon.”
Yu warned: “The weakness of the case against Trump makes the bar for prosecuting a future president lower than the bar for prosecuting an ordinary criminal in New York City.”
“Republicans will have to file lawsuits against Democratic officials and even the president.”
“Whatever the outcome of the trial, the outcome will have significant implications for the presidency: the weaker the Trump case, the more likely it is that prosecutors will indict future presidents from the opposing party,” Yu wrote. “Following this Trump trial, city, county, and state prosecutors may be encouraged to indict federal officials for state criminal violations or for explicitly partisan reasons.”
Yoo noted that the only way Republicans can remedy “this violation of constitutional norms” is to adhere to the golden rule: “Do unto others as you would have them do unto you. To prevent the lawsuits against Trump from becoming a permanent fixture in the American political system, Republicans will likely have to file lawsuits against Democratic officials and even the president.”
For example, a Republican district attorney would have to do a job that the Biden Justice Department seems unwilling, or at least unable, to do: hold Hunter Biden accountable for one of the various crimes he allegedly committed.
“Another Republican district attorney will have to investigate Joe Biden for usurping power at the behest of his son, who accepted bribes from overseas,” Yu continued. “Only acts of retaliation will create the deterrent needed to carry out political mutually assured destruction. Without the threat of prosecuting their own leaders, Democrats will feel free to continue to prosecute Republican presidents.”
“To prevent us from actually becoming a banana republic, we have to hope that the Republican Party will threaten the intensification of banana republic politics,” Yu concluded.
New York magazine began its article criticizing Yu’s claims by saying: Hospitalized “The Alvin Bragg prosecution is weak. I’m not saying Trump is innocent, but it’s a borderline case that doesn’t need to be prosecuted.”
Time will tell whether Republican district attorneys will rise to the challenge. Meanwhile, several Republicans in the U.S. Senate have signaled that bipartisanship under the current system is over.
Republican Sens. Michael S. Lee (Utah), J.D. Vance (Ohio), Tommy Tuberville (Alabama), Eric Schmitt (Missouri), Rick Scott (Fla.), Marco Rubio (Fla.), Roger Marshall (Kansas) and Marsha Blackburn (Tenn.) issued a statement on Friday.
Focus on it“The White House has made a mockery of the rule of law and fundamentally changed our politics in an un-American way. As the Senate Republican Conference, we will not aid and abet the White House’s plan to divide our country.”
“To this end, we will 1) not approve any appropriations bills that increase the current Administration’s non-security related budget or fund partisan legal battles; 2) not hold confirmation votes for the current Administration’s political and judicial appointees; and 3) not allow the expedited consideration and passage of any Democratic bills or mandates that do not directly relate to the safety of the American people,” the statement said.
The original eight called on other senators to join them in taking a stand in response to the unprecedented conviction of Biden’s political opponent.
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