A HYPOTHETICAL, POSED FOR DISCUSSION

I am afraid that after two years the pandemic is really getting to me. I continue to spend time elaborating arguments in my head about subjects that interest me but I have lost the belief that putting them on paper (so to speak) and posting them or publishing them makes any difference in these difficult times. So let me instead pose a question for discussion that has been nagging at me lately.

 

I am going to begin with what I believe is called in law schools a hypothetical. That is to say, for the purposes of discussion I am going to assume certain facts, whether they are really facts or not, so that I can raise moral or political questions about a situation that is exemplified by these facts. Do me the favor of not disagreeing with the facts that I posit. Consider them, as I say, a hypothetical.

 

Suppose these three conditions hold (this is my hypothetical):

 

First, there is a very serious threat that in the next two or four years Republicans will succeed in literally stealing an election and then imposing an authoritarian regime with Trump at its head;

 

Second, if Trump is indicted tried, and convicted of a crime, such as conspiring to interrupt the lawful processes of the federal government, or some such thing, that conviction will dramatically reduce the threat of a stolen election and an authoritarian regime;

 

And Third, a fair, objective, and exhaustive examination of the available facts makes it unlikely but not impossible that such a conviction could be secured.

 

Assuming hypothetically that these three factual suppositions are true, and that Merrick Garland knows them to be true, should he nevertheless undertake to secure an indictment, trial, and conviction of Trump?

 

My view is that he should. In short, it is my judgment that he should violate his oath of office and use the power (not the authority, but the power) of his office to undermine Trump and to counteract the threat that he poses. Rather than explain my reasons for this view right now, I will simply ask the question and see how the discussion develops.