What would be a just verdict for Trump?

Opinion: Ken Trainor

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By Ken Trainor

Staff writer

What would justice look like in the case of The American People v. Donald Trump, currently being adjudicated in the court of public opinion?

In the wake of last week's Trump-incited "insurrection" at the U.S. Capitol — "attempted coup" is not an exaggeration — many have called for "accountability" for the "seditionists" and resignations by Trump and his congressional enablers for "fomenting this act of domestic terrorism," this "attack on the heart of democracy."

Lovely words, but all words and no action means we'll see more of this. Much more

Needless to say, the 25th Amendment will not be invoked by Trump's craven, spineless underlings — aka Mike Pence and whatever's left of the cabinet. Accountability would require a principled stand on the part of the G.O.P., and very little of that has been evident so far, though there is still time for Republicans to redeem themselves.

Impeachment is a good place to start, but Trump won't be convicted by the cowards in the still-Republican-controlled Senate. Nonetheless, as many have said, "Doing nothing is not an option." Even the super-conservative Wall Street Journal editorial page noted, "The best case for impeachment is not to punish Mr. Trump. It is to send a message to future presidents that Congress will protect itself from populists of all ideological stripes willing to stir up a mob." 

As conservative columnist David Brooks put it last Friday on the PBS Newshour, "If interfering with election certification [with] an invading force is not an impeachable offense, I don't know what is." Even without a conviction, impeachment would be "a sword over his head which might restrain him in his last days in the White House."

Brooks, though, suggested an intriguing alternative, which has been making the rounds online:

"The fallback position might be censuring him under Article 3 of the 14th Amendment, which prevents someone taking part in an insurrection against the United States from ever running for federal office. That's important because it would reduce his role as an intimidator in the Republican Party and reduce the possibility of his running in 2024."

What would "true justice" look like? Not just "what would make us feel good" justice. Some might wish for a wall (how fitting), a blindfold and a firing squad. But capital punishment is waaaay too good for this traitor. Justice, after all, is not simply about punishment. True justice provides appropriate consequences for the guilty but also reparations for the victims (us), even those who were complicit in enabling Trump to become the monster he is today. That includes all who tried to remain neutral because, as author Ibram X. Kendi so powerfully puts it, "Neutrality colludes with evil." American passivity helped make Trump possible. All it takes for evil to triumph is for good people to do nothing. Fortunately, a majority of us woke up just in time.

So what would cause Trump the greatest pain and give the rest of us the greatest boost? Three things:

1) Shut him up.

2) Ignore him.

3) Disqualify him from ever running for federal office again.

Shutting him up has already begun, thanks to Twitter and Facebook, but we can't shut him up entirely. The right to free speech has to be upheld (minus sedition and fomenting violent overthrow of the legally elected government). Even without Twitter, he'll still be able to rant and rave on right-wing outlets — mostly to his deluded base, but happily not to those of us living in the real world.

Mainstream media no longer has to cover all of his antics, though, which is where #2 comes into play. The media was complicit in creating the Trump phenomenon. They covered him like crazy because crazy makes irresistible content and crazy made them tons of money. 

A voluntary ban on coverage — at least through the 2024 election — would be just punishment not only for Trump, but for the media as well. Trump's definition of hell is being ignored. But just to be on the safe side, someone needs to keep an eye on his attempts to overthrow the government again. 

And that's where #3 comes into play. If Trump is disqualified from running for federal office, his seditious ravings will be moot. 

Each of these consequences provides benefits. Hopefully it would mean breaking the psychosis that grips his supporters and calming the anxiety the rest of us have suffered for years. We will be a mentally healthier country. 

Impeachment and conviction would also include disqualification, but if that doesn't work, here is Section 3 of the 14th Amendment:

No Person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof.

In other words, disqualification. But the Constitution is a vaguely written document. It doesn't specify the process for disqualifying a president who has "engaged in insurrection or rebellion against" the Constitution of the United States. Presumably, Congress would vote to censure, and the case would make its way to the Supreme Court to determine if Trump can be kept off the ballot in 2024. 

You would think even Republican invertebrates like Josh Hawley and Ted Cruz would recognize that their political ambitions depend on sidelining Trump forever. Plenty of incentive, even for those with no principles.

All of us hunger and thirst for justice. Some of us storm the Capitol to defend their fearless leader's paranoid delusions. Some of us call for accountability and resignations and look for the most eloquent and vivid way to condemn such iniquity. But we won't have true justice until we shut Trump up (non-violently, of course), ignore him (yet keep an eye on him), and prevent him from running for public office (ever).

Anything short of that will guarantee more attacks on our democracy.

Email: ktrainor@wjinc.com

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Reader Comments

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William Dwyer Jr.  

Posted: January 19th, 2021 5:20 PM

Ken, as someone who has admittedly reviled the president we were stuck with the past four years, and who wondered if we could recover, I have to say I was just overwhelmed with what I saw occur in Washington, DC. this afternoon. As Yolanda Adams sang Leonard Cohen's "Hallelujah" I watched, for the first time in four years as a soon to be President and Vice President actually capable of feeling and caring, represented what the people of this country have ben through the past year. MSNBC's Nicolle Wallace was spot on with her observation that the ceremony "may have cracked open a lot pf people who were holding it all in." I sure cracked open. Cried, and released the wordless sorrow of the past year, to a place where it can be transformed somehow. As Eddie Glaude put it, Joe Biden and Kamela Harris "pulled grief and sorrow out of the privacy of our hearts." As Mythologist Michael Meade says, there is pain and trauma that can only be carried by the group, not the individual. Our new president knows that truth intrinsically.

Bill Maxwell  

Posted: January 19th, 2021 11:34 AM

Jr. I do not doubt your level of expertise on the indictments that could used. You also have written very well the problems with Anthony Clark and what should be the most likely outcome based on your writings. The outcome of Anthony Clark will not be based on your proven facts and the same that Trump will not be based on the proven facts. There is a difference between what is law and what is reality. Try and figure out what I mean

William Dwyer Jr.  

Posted: January 19th, 2021 11:13 AM

Well, Jeffrey and I agree on something. And as usual, Maxwell misses key points, such as Trump WILL be prosecuted at the state level. He's looking forward to numerous criminal and civil lawsuits, many tens of millions in legal fees and fines, bankruptcy, and watching his kids prosecuted. . . .Enjoi, Donnie. You earned it.

Bill Maxwell  

Posted: January 19th, 2021 10:28 AM

Jeffrey Smith you are over the top vengeful which removes the fundamentals of law. I know Trump said that waterboarding was not enough and things should be worse, although why be like Trump. He commanded a crowd, not in that many words to go to the U.S. Capitol and take over. The is the crime he did as President. The crime would be in my opinion, treason against the United State's of America. I would think that any representative of the citizens of the United State's would need to stand up for the people, and not in defense of what took place. That will not happen because other members do not want to set a precedents that a politician may fall under at some point of their career. So expect the departure of Trump, a symbolic impeachment and that is about it. Today in Oak Park, we have our own little hearing and I am confident that you know how that will turn out

Jeffrey Smith  

Posted: January 19th, 2021 10:13 AM

"What would be a just verdict for Trump?" Long life, prison, endless mental and physical suffering, penury and a an unprecedented and irrefutable legacy of cruelty, decadence, perversion, greed, corruption, bigotry, xenophobia, racism, homophobia, misogyny, deadly violence and 400K+ and counting dead. You're welcome.

William Dwyer Jr.  

Posted: January 18th, 2021 9:08 PM

One more questions, Ray-Ray, for your morning coffee: You've rightly criticized the fools on the left who've blathered about "defund the police." So, what's your take on the treasonous fools on the right who today were blathering on about "disarm the government"? I'm missing any distinction in their approaches.

Bill Maxwell  

Posted: January 18th, 2021 9:00 PM

Ray Simpson You wrote something that I can agree with you regarding Biden. You used the word, "Win". If the other 73,999,999 people can be opened minded like you and get on board then it is going to be smooth sailing

Bill Maxwell  

Posted: January 18th, 2021 8:01 PM

I paid attention who Trump is since the 70's. Roy Cohn was his mentor. Cohn was not a nice person. Observing is a skill. Someone knew Castro from school. When Castro started his move, the person took his family and moved out of Cuba. He knew what Castro was capable of doing. There is a similarity if you know how to read it. Twitter and Facebook played the public who do not understand how social media works. Trump met with social media CEO's once he became President. Now social media are the good guy's and have distanced themselves just about 3 years and 11 months to late. They will survive because whatever side you are on, you will continue their service to let them know you on a computerized analytical level. News outlets let the public down by enjoying profits. FOX new when to pull out. We are the most spied on Country by our own agencies although yet, no agency could analyze social chatter of possibilities of what could happen and that will not be answered because a good government knows the mindset of their citizens. Media outlets that enjoyed profits from Trump's antics deserve no more business although it will not happen. Every company who let the citizens down are in the blame. There is plenty of blame to go all around. Trump will continue because he needs attention no matter where it comes from just as much as people need do more following and less thinking. Biden needs a team to sift through everything Trump signed while in Office because Trump is about Trump and some how, some where there is something that he is going to continue benefitting from. Not 4 years to late, over 40 years to late

William Dwyer Jr.  

Posted: January 18th, 2021 6:26 PM

And Ken; don't count on the GOP continuing to tolerate Trump once he's a private citizen. They won't vote to convict out of principle, but may do so out of political calculus. McConnell and other more institutional Republican are looking for a way to box him out of 2024. Btw, nice column for such a small minded newspaper type. :-)

William Dwyer Jr.  

Posted: January 18th, 2021 6:11 PM

You're devolving into a pathetic charicature, Ray-Ray. If your hero spent 18 hours a day doing anything besides scheming to enrich himself and obsessing about ways to punish all his many enemies, it was watching television.. Keep dreaming of glory, sport. Hundreds of the traitorous insurrectionists who betrayed our country Jan. 6 will be prosecuted and punished. And as people see what Trump was always about, he'll have less and less support. And all people like you will have left is sad dreams of violence against the legitimate majority, because violence, as someone once said, is the last resort of unimaginative men. "Small minded"? Look in the mirror.

Ray Simpson  

Posted: January 18th, 2021 5:18 PM

The only thing more abhorrent than a poor loser is a vindictive winner who isn't satisfied with the win, but insists upon vanquishing the loser. Ken Trainor is one of those small minded newspaper hacks who tells you what he has been told. The sad state of print journalism can be laid at the feet of hacks like Ken who never sees the "Rest of the Story" I would assume that the pages of the Wednesday Journal would be awash with glowing anticipation of the Biden administration, but no, we see endless moaning and groaning about how bad Trump is/was. This is unfair to a man who worked 18 hour days to make America First, Set China on notice that we would punish them for bad acts, got European countries to honor commitments they have ignored since WW2, didn't get us into any wars, got several Arab countries to seek peace with Israel and set the process to battle a pandemic with a vaccine in 9 months instead of 10-12 years. All of this is set aside because a couple phone calls were cherry picked to make the president look bad. Impeachment has now become a simple censure that has zero impact. In my working life at an advertising/ marketing agency we learned real early that the last thing you want to do is to piss off a large group of your market. Congratulations, you have succeeded in angering 74,000,000 people who will no longer "Go Along to Get Along" There is anger out there and we intend to speak out to challenge claptrap like this column!

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