The Observer view: Donald Trump deserves to face the full force of justice | Observer editorial

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In the chaotic, multifaceted case of Donald J Trump against the people of the United States, the biggest question is why this former president, political con artist and serial offender is not in jail yet. Trump will be charged this week in Manhattan over alleged hush money payments to a former porn star. This action, both welcome and overdue, makes him the first US president to be criminally indicted. However, the twice-impeached Trump is accused of a series of infinitely more serious, well-documented crimes, including a violent attempt to overthrow the government. A continuing mystery is why justice is taking so long to come.

The entire Trump charge sheet reads like a horror novel where democracy is killed. In the weeks following his clear defeat by Joe Biden in November 2020, Trump did everything he could to distort the result, legally and illegally, by making baseless accusations of fraud. It is not disputed. Also not disputed, a taped telephone conversation on 2 January 2021 between Trump and Brad Raffensperger, secretary of state of Georgia, in which the then president pressed the latter to find 11,780 votes enough to cancel Bidens victory in a primary swing state.

Why wasn’t Trump criminally charged in what seemed like an open-and-shut case of brazen election meddling? A special grand jury in Atlanta recommended the prosecution of all involved in Raffensperger’s illegal lobbying. Perhaps the courage shown by Manhattan district attorney Alvin Bragg in prosecuting Trump will inspire his Fulton County counterpart, Fani Willis, and other state and federal prosecutors to follow suit without further delay. If this case had been prosecuted in a timely manner, Trump could be behind bars today.

It’s been more than two years since Trump incited his supporters to storm the Capitol to stop Congress ratifying Bidens victory. The ensuing riot on January 6, 2021 led to deaths and injuries. However, Trump did nothing to dislodge the mob until it was too late. He has since hailed the rioters as heroes. Again, most of this is on the record. Congress conducted a thorough investigation. Why did Merrick Garland, the US attorney general, fail to act against the instigator as well as the perpetrators of the coup attempt? It wasn’t until November that Garland finally appointed a special counsel that amounted to another delay.

It is hard to avoid the conclusion that the reluctance to vigorously pursue these and other crimes, such as Trump’s apparent theft of classified documents found in his Florida home, stems from political timidity at the top. As he showed again last week, Trump is ready and willing to use his mafia-like grip on the Republican party and rightwing media to terrorize the entire US body politic. He plays the victim, turns the tables and says Biden and the Democrats are the ones breaking the law. Trump says he was elected by political enemies. But the only special treatment he received was that he was allowed to avoid prosecution for a long time.

The difference in confronting Trump entirely stems from an apparent desire to avoid feeding national divisions. The whole Trump saga, much like a tawdry, never-ending reality TV show, is a distraction from pressing issues like post-pandemic economic revival, the climate emergency and war in Europe. The US should focus on these challenges instead of endlessly indulging the silly insults of a narcissistic, stinking, misogynistic con man.

The Republican party as a whole continues to put its interests ahead of the principles America stands for

Biden would certainly want it. At the beginning of his term, he clearly expected that, by ignoring him, Trump would disappear forever. But the sad thing is, here he is again, hogging the limelight. Trump will have his day in court amid widespread media coverage and feared street violence. He will repeat his usual inflammatory lies and slander, the proceedings will be delayed, perhaps for months, and meanwhile, the main enemy of democracy, decency and justice will try to exploit his victimhood to ensure the 2024 Republican presidential nomination. In a sense, Trump-ism is eternal. It doesn’t care about anyone but itself.

The Trump case poses potentially historic challenges for an American republic founded on the rule of law. The idea, peddled by Republicans, that a current or former president enjoys de facto immunity from prosecution is at odds with modern concepts of justice. The fact that it appears that such a person could stand again for the White House while under criminal investigation, or even following a criminal conviction, points to dangerous flaws in America’s constitutional arrangements. No person, no matter how well-known, big-headed or threatening, should be above the law.

The aggressive reaction to the accusation by many leading Republicans, and especially Ron DeSantis, Trump’s closest competitor, has been disappointing. By parroting Trumps line about arming the courts, the Florida governor has shown himself to be no better or smarter than his egotistical rival. The party as a whole continues to put its interests ahead of the principles America stands for. Meanwhile, democrats should avoid talk that exacerbates national polarization. lock him up! is a catchy slogan, as Trump used it against Hillary Clinton. But calmness, restraint and patience are needed. If there is any justice, Trump’s time in court will be followed by time served.

The way this unprecedented legal drama is handled, and its outcome, could decide America’s immediate political future. It could also have significant, lasting effects on US influence and moral authority in the global struggle to uphold a democratic, law-based international order. The world is watching and that, sadly, is what Trump wants.

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