Smith: Should patriots revolt over Trump's criminal prosecution?

Smith: Should patriots revolt over Trump’s criminal prosecution?

This is an opinion column.

What disposition of former-President Donald Trump’s legal woes would leave you willing to kill, revolt, or reject the validity of the United States government? Whether you believe Trump’s criminal prosecution has been too long delayed or that he’s a victim of partisan justice, there are only so many possible outcomes left. We must have a sober discussion about where we’re headed as a nation.

In 1787, Thomas Jefferson wrote to William Smith, “The tree of liberty must be refreshed from time to time with the blood of patriots & tyrants.” Many Americans have heard that famous quote, but few realize the letter begins with a discussion of the British government pervasively lying about the colonists to the point that the colonists were beginning to believe the lies. Jefferson conceded that “the people cannot be all, & always, well informed.” When the American people believe something that isn’t the case, they understandably react in kind. Jefferson saw such a response as quite preferable to a populace that accepts harmful government edicts without resistance.

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Before we sign off on a great national divorce, we must identify the causes for which our nation should even consider a breakup. To be frank, most of them presently revolve around one man. Consider a few of the possible legal outcomes facing Trump:

  1. Trump is exonerated of all criminal charges levied against him.
  2. Trump is convicted of one or more crimes. The convictions are overturned on appeal.
  3. Trump is exonerated of the federal charges and found guilty of state-level crimes. The convictions are upheld on appeal. Trump wins the 2024 election and serves his state-level sentence after he leaves office.
  4. Trump is convicted of one or more crimes. Trump loses the 2024 election. The convictions are upheld on appeal. Trump goes to prison.
  5. Trump is convicted of one or more federal crimes. Trump wins the 2024 election and pardons himself or the next president pardons him.
  6. Trump is on trial. Trump or another Republican wins the 2024 election before the trials are completed. The Attorney General drops the charges against Trump and any co-defendants.

There are certainly more potential legal outcomes, but you get the idea. How many of those scenarios would you be willing to accept? What would you do about the ones you can’t? Are we ready for a civil war over the legal disposition of a 77-year-old politician?

We continue to improve our criminal justice system, but it is more than capable of fairly dispensing with the charges against Trump. Those who have already determined guilt or innocence howl about bias, but courts handle allegations of impermissible bias regularly. It’s also why defendants have a right of appeal to a different judicial body.

We should let the legal cards fall where they may and not kill each other in the process. Whether we like or dislike any of the aforementioned scenarios is irrelevant. If Trump is so compelling to America that he’s put back in office, so be it. If he fails as a presidential candidate and winds up in prison, I’m not going to punch my Democratic neighbors in the face.

The problem with the pending charges and those likely to be filed in Georgia is that the 2020 election itself will also be litigated under oath.

Either the 2020 election was fraudulently awarded to President Joe Biden, or Trump perpetuated the most expansive political lie in modern history. Those are the only two options. The best case explanation for Trump right now appears to be that he sought out voices who told him what he wanted to hear regardless of the facts. For the two-thirds of the Republican party who believe Trump’s stolen election narrative, retreating from the position will be most painful. Who wants to admit they bought into an elaborate hoax for years?

Uncertainty is why we haven’t had an armed revolution already.

If I genuinely believed that an illegitimate government had been foisted upon me in America, I’d be calling for a revolution myself. Republicans who answer polling questions about the 2020 election being stolen clearly aren’t committed to the position beyond the rhetoric. The few who are willing to put their lives on the line for such a belief were in the Capital on January 6. I passionately disagree with them, but they’re, at least, being consistent.

Give credit to failed Arizona Senate candidate Kari Lake for calling on the House of Representatives to simply “decertify the 2020 election” and reinstate Trump to the presidency. She sounds like a complete loon, but she’s full-send on the election actually being stolen.

Maybe My Pillow CEO Mike Lindell can finally come through and provide a clear path of fraud which changed the outcome of the election. Trump’s lawyers aren’t even trying to go down that route at this point. Attorney John Lauro recently noted that Trump asked Vice President Mike Pence to overturn the election in an “aspirational” way. The defense clearly wants the election case to be about free speech instead of facts and conspiracy to commit federal crimes.

The Declaration of Independence outlined our reasons for dissolving our political connections. In spite of our clashes and differences, we haven’t yet reached a fork in the road where our government and legal system can’t navigate a civil resolution. We owe it to ourselves to let the process work. We should all give assent to the presumption that even members of our political class enjoy the presumption of innocence.

From time to time, the tree of liberty may demand our lives, fortune, and sacred honor as it has before. Most of the time, patriots should exercise the wisdom and discretion to know that it does not.

Smith is a recovering political attorney with a house full of boys, two dogs, a bearded dragon, and an extremely patient wife. He’s a partner in a media company, a business strategy wonk, and a regular on talk radio. Please direct outrage or agreement to [email protected] or @DCameronSmith on X.