Putting a former president on trial for alleged criminal behavior would be the first prosecution of its kind in American history. It would also do much toward restoring the myth that no person or corporation is above the law. As James Doyle has explained, putting Trump on trial “redeems American justice.”
Looking both backward and forward, I would argue that putting the former racketeer in chief and his accomplices on trial for sad conspiracy to overthrow the US government — arguably the ultimate constitutional crime — is more tangible than the abstract goal of redeeming American justice. In this insurrectionary moment, “substantive” due process justice trumps “procedural” due process justice.
After the first five public hearings held by the House select committee investigating the organized and coordinated activities of Donald J. Trump and his allies to steal the 2020 presidential election, culminating in the Jan. 6, 2021, Capitol attack, it