A fight is raging among Republicans. Now that president Trump has been cleared of colluding with the Russians, how should we proceed? Some say we should just move on and prepare for the next election. Meanwhile, others contend that those who perpetrated the hoax should be held accountable.
Those who want to move on argue that we have had enough of criminalizing politics. Just because we disagree about issues doesn’t mean we should treat our adversaries as felons. Furthermore, if we continue to do so, our democratic institutions will not be able to function.
On the other hand, those who wish to indict the persons who brought false charges against Trump are demanding justice. They tell us that there cannot be one set of standards for liberals and a different set for conservatives. They insist that we apply the same rules for everyone and let the chips fall where they may.
As for me, I am on the side of prosecuting those who have broken the law. So far as I am concerned, it is the liberals who criminalized politics, not those scandalized by their efforts. I say, if you don’t want politics criminalized, punish those who did so.
And make no mistake, the liberals did exactly this. They sought to criminalize Trump and anyone associated with him. Consider the dilemma of General Michael Flynn. During the transition to governing after Trump won the election, Flynn was tasked with establishing a relationship with the Russians. This was normal and essential politics.
But what happened? He was immediately investigated for something that was not criminal. Then, after the FBI reported that he told the truth, the Mueller team squeezed him for dirt on Trump. Eventually they forced him to admit to lying. He is still awaiting sentence for a crime that was not a crime.
This was clearly a case of criminalizing politics. So why did they do it? They did because the Democrats had already sought to criminalize Trump. During the campaign for the presidency, they decided to find him guilty of colluding with the Russians. Flynn was just a pawn caught up in the main event.
As for criminal activity directed at Trump, there is no better evidence of it than the corruption of the FISA system. Thus, a phony dossier was used to get permission to spy on a Trump associate. This was nothing less than a high tech version of Watergate.
Almost everyone agrees that the Watergate espionage was illegal and that those who engaged in it were justifiably sent to prison. So why doesn’t the same apply to those who participated in spying on Trump? Shouldn’t they too get their day in court and then many days in prison if found guilty?
The same goes for unmasking the private communications of Trump associates. This too was an illegal abuse of power. We must never forget that the FBI and the Department of Justice have limits as to what they may legally do. When they trespass on these, they should be subject to prosecution.
This is not criminalizing politics; it is criminalizing crime. To do the opposite would be to decriminalize crime. It would be saying that a crime is not a crime if it is committed for political purposes. Do we really want to go there?
Many conservatives are nevertheless arguing that holding liberals accountable will distract from the next election. It would put Democrats on the defensive and therefore make it more difficult to win them over. Maybe so. But not indicting the guilty to gain a political advantage is the mirror image of criminalizing politics.
Contemporary politics have become so poisonous that many of us have lost sight of something more important than winning or losing. Unless we honor the bedrock principles upon which our nation was founded, we will lose the protections embedded in them.
Breaking the law is breaking the law. Did it happen? This is the question we must ask. Moreover, we should ask it honestly. If one side has manipulated the rules, this does not give the other permission to do the same. We must leave our feelings out of this; despite a justifiable desire for revenge.
If we are to get back to playing by the rules, we can start by playing by the rules. While I confess that I loathe the way liberals have behaved, this should not be the criterion for how we respond. The innocent ought remain innocent, whereas the guilty should get their due—period.
Melvyn L. Fein, Ph.D.
Professor Emeritus
Kennesaw State University
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