Trump indictment defends America’s battered democracy

THIS is the big one: the first time the Department of Justice has ever indicted a former president for subverting democracy by trying to steal an election he knew he had lost. The prosecution of former president Donald Trump may be the most important criminal case ever brought by the US in support of its system of fair elections and the rule of law. Had Trump succeeded, Americans would no longer be living in a free country, but in a presidential dictatorship.

In practice, we all understand by now that only if Trump loses the 2024 election is he likely to face trial on the charges in the indictment: three charges of criminal conspiracy (to defraud the US, to obstruct Congress’s Jan 6 counting of the electoral votes, and to interfere with the right to vote and have that vote counted) and one charge of obstructing an official proceeding. The trial on these four charges brought by Special Counsel Jack Smith is not likely to take place until after the 2024 election. If Trump manages to win, he will dismiss the charges against him.

But if Trump loses the election, he’ll face the prospect of prison time.