Eighty years later, Justice Jackson's warning has become a playbook, and not just for the Department of Justice but also for state attorneys general, county prosecutors, Congress, and partisan groups. These entities have made unprecedented efforts to "Get Trump," a former president of the United States and leading candidate for reelection to that office.
But that's not all they've done. They have also targeted his attorneys, top advisors, and rank-and-file supporters, many of whom have been (or are still being) subjected to criminal prosecutions, bar disciplinary proceedings, and calumnies. All of these actions are designed to make them "toxic" in their communities and thereby send a message to others who would, in the future, deign to challenge destructive government policies or illegality in elections that keep the purveyors of such policies in power.
The farce began with the U.S. House of Representatives Select Committee to Investigate the January 6th Attack on the U.S. Capitol. Former Speaker Nancy Pelosi's refusal to allow Republican Minority Leader Kevin McCarthy to appoint serious and well-informed Republicans to the committee ensured a biased committee. Instead, Pelosi appointed two of the most virulently anti-Trump Republicans in the House—Liz Cheney and Adam Kinzinger.
The committee showed no interest in investigating Capitol security or recommending legislative changes. Instead, it acted as a super FBI, Justice Department, and criminal court all rolled into one. Representative Cheney emphasized that their goal was to hold Trump accountable. Using language from a federal statute designed to prevent mob witness intimidation and financial record destruction, Cheney suggested Trump corruptly sought to obstruct Congress's electoral vote count. Perhaps Cheney missed the separation of powers lecture in her constitutional law class at the University of Chicago, as investigating alleged criminal conduct is not a responsibility the Constitution assigns to Congress.
The committee bypassed normal legal procedures, issuing subpoenas without demonstrating probable cause, cherry-picking evidence to support its clearly false insurrection narrative, and hiding from public view (and, as we have subsequently learned, ultimately destroying) any evidence to the contrary.
But that's not all they've done. They have also targeted his attorneys, top advisors, and rank-and-file supporters, many of whom have been (or are still being) subjected to criminal prosecutions, bar disciplinary proceedings, and calumnies. All of these actions are designed to make them "toxic" in their communities and thereby send a message to others who would, in the future, deign to challenge destructive government policies or illegality in elections that keep the purveyors of such policies in power.
The farce began with the U.S. House of Representatives Select Committee to Investigate the January 6th Attack on the U.S. Capitol. Former Speaker Nancy Pelosi's refusal to allow Republican Minority Leader Kevin McCarthy to appoint serious and well-informed Republicans to the committee ensured a biased committee. Instead, Pelosi appointed two of the most virulently anti-Trump Republicans in the House—Liz Cheney and Adam Kinzinger.
The committee showed no interest in investigating Capitol security or recommending legislative changes. Instead, it acted as a super FBI, Justice Department, and criminal court all rolled into one. Representative Cheney emphasized that their goal was to hold Trump accountable. Using language from a federal statute designed to prevent mob witness intimidation and financial record destruction, Cheney suggested Trump corruptly sought to obstruct Congress's electoral vote count. Perhaps Cheney missed the separation of powers lecture in her constitutional law class at the University of Chicago, as investigating alleged criminal conduct is not a responsibility the Constitution assigns to Congress.
The committee bypassed normal legal procedures, issuing subpoenas without demonstrating probable cause, cherry-picking evidence to support its clearly false insurrection narrative, and hiding from public view (and, as we have subsequently learned, ultimately destroying) any evidence to the contrary.
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