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Prove it, DOJ. If Trump is not successfully prosecuted, then this was all a witch hunt.


American law isn’t and shouldn’t be about securing political outcomes.

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Prove it. That’s how Republicans should respond to the Department of Justice’s indictment of former President Donald Trump. Nobody should be above the law in America, but the inconsistent application of justice in the political arena has eroded our confidence in such an idea.

Republicans were correct that former Secretary of State Hillary Clinton should have been prosecuted for her handling of classified information.

“Although there is evidence of potential violations of the statutes regarding the handling of classified information,” stated FBI Director James Comey, “our judgment is that no reasonable prosecutor would bring such a case.”

Republicans were understandably outraged.

DOJ also seems to have little interest in the Biden family's business dealings that appear conspicuously connected to President Joe Biden’s political career. To be fair, Trump’s family has politically connected business of its own. The link between a family’s economic fortunes and public service isn’t inherently criminal, but the zeal with which the DOJ has pursued Trump individually is something else entirely.

You can criticize DOJ and still be pro-justice system

Republicans must acknowledge the DOJ’s inconsistencies without abandoning the rule of law.

Should the failure to prosecute Clinton block the DOJ from bringing a similar case against Trump, a future Democratic president or any other politician? Of course not.

Do we want candidates running for president or other high office to be exempt from federal criminal prosecution? Nobody in their right mind thinks that’s a good idea.

Will GOP move on from Trump? Winners of Trump indictment: The former president and Joe Biden. DeSantis? Not so much.

Paying attention to “serious” felonies while turning a blind eye to the handling of classified information is a dangerous non sequitur that could put members of our military or intelligence agencies at risk.

Trump is innocent until proven otherwise. Act like it.

Trump enjoys both the presumption of innocence and the right to an impartial jury under the Sixth Amendment to the Constitution. Both are powerful tools against prosecutorial overreach.

The American legal system has navigated countless high-profile criminal cases. From John Gotti and O.J. Simpson to Michael Jackson and Bill Cosby, American juries have time and again proved effective and independent even where we might personally disagree with the outcomes. 

Should Biden pardon Trump? If Donald Trump is convicted, President Biden should pardon him. Really.

The idea floated by Democrats that Trump might accept a plea that includes a prohibition on him running for office is laughable. American law isn’t and shouldn’t be about securing political outcomes.

So prove it.

Either the DOJ must successfully convict Trump – or affirm that this has been the witch hunt he has branded it from the start.

Paste BN Network Tennessee Columnist Cameron Smith is a Memphis-born, Brentwood-raised recovering political attorney raising four boys in Nolensville, Tenn., with his particularly patient wife, Justine. Direct outrage or agreement to  @DCameronSmith on Twitter. This column first published in the Nashville Tennessean.