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Former Prosecutor Warns That A Failed Prosecution Of Trump Could Have Disasterous Consequences

Yesterday we reported onthe Constitutional Law professor who opined, based on his expertise, that failing to pursue criminal charges against Donald Trump — and in a more timely manner — is setting the U.S. up for the next attack. However, a former Federal prosecutor takes a different view.

SARASOTA, FL – JULY 03: Former U.S. President Donald Trump leaves after a rally on July 3, 2021 in Sarasota, Florida. Co-sponsored by the Republican Party of Florida, the rally marks Trump’s further support of the MAGA agenda and accomplishments of his administration. (Photo by Eva Marie Uzcategui/Getty Images)

Renato Marrioti, who worked for the U.S. Attorney’s office in Illinois from 2007 to 2016, describes Trump’s behavior as “as outrageous as it is unprecedented in presidential election history.” He agrees that Trump has set a “dangerous and disturbing” precedent, and that his behavior led to the attack on January 6th, and that something must be done to prevent it from happening again.

However, in an opinion published in Politico, he explains why there’s a good chance criminal charges will never happen — and why there’s a significant risk to the country if those charges are pressed, and fail.

That’s not because Trump’s actions were not reprehensible—they were—but rather because what we know he did does not fit neatly within the four corners of federal criminal statutes.

He points out that some hypothetical charges against the ex-president would be difficult because of Trump’s “rambling and confusing” statements, and the difficulty of proving intent.

In a jury trial, it’s not clear how the government could prove beyond a reasonable doubt that Trump did not really believe the falsehoods he was peddling…

His two most important points, however, are the reason that he feels criminal charges should only be pressed if better evidence comes to light (as it may, with the 1/6 Committee’s work), and what must be done to prevent a recurrence.

[A failure to secure a conviction] could set a precedent that Trump’s actions were permissible or at least impossible to prosecute and would bolster Trump’s claim that he is politically persecuted.

So what happens next? Mariotti says Congress must continue to investigate vigorously, and make their findings public, then legislators must do the work to make sure that there are laws on the books that would prevent this from happening again.



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