Democrats Can’t Bully Their Way to a Free Pass

I believe in restraint, tradition, decorum, and the precepts of our system of criminal justice: deterrence, punishment, and retribution. Turning the other cheek accomplishes none of these. Joe Biden’s last-minute pardons for his family, and his unprecedented preemptive pardons for members and staff of the January 6 Committee, Anthony Fauci, and former Chairman of the Joint Chiefs Mike Milley, underscore the necessity for Congress and Donald Trump’s Justice Department to perform their duties to investigate crime.

The Supreme Court made clear in Burdick v. United States (1915) that the “confession of guilt implied in the acceptance of a pardon” may be avoided only by rejecting it. In December, the Biden Justice Department advised a federal judge that January 6 defendants hoping for a pardon from soon-to-be President Trump “would first have to accept the pardon, which necessitates a confession of guilt.”

The Biden administration and its proxies engaged in the unrestricted, weaponized use of our justice system to take down the leading Republican candidate for president and his family, supporters and advisors, as well as Christians, conservatives, and pro-life activists. They censored, investigated, humiliated, intimidated, arrested, indicted, and jailed their political opponents using long-abandoned, novel, and manifestly flawed legal theories.

Democrats express horror that the Trump Justice Department might investigate whether laws were broken by officials who engaged in these tactics. They angrily assert that if the Trump administration exacts “retribution” it would endanger civil liberties and tear asunder the fabric of our justice system.

This reminds me of bullies who strike a classmate and then recoil, wag a finger at the victim, and warn him that he better not hit back.

After ignoring billions of dollars in damage and dozens of deaths caused by violent rioters on the left, the Biden administration terrorized and pursued nearly 1,600 Americans, many with only scant connection to the January 6 demonstrations, jailing some who never entered the Capitol. Trump advisors Peter Navarro and Steve Bannon were imprisoned for refusing to testify before the House January 6 Committee – the first such prosecutions in 65 years. FBI agents targeted parents for advocating conservative values at school board meetings, as well as pro-life advocates and Catholic churches.

The White House and Biden prosecutors coordinated an unconstitutional and unlawful attack on Trump and his supporters. Jack Smith was appointed as special prosecutor, despite never having received Senate confirmation as required by the Appointments Clause (Article II, § 2). He prosecuted Trump and his associates for keeping classified documents, though no other former president had ever been charged for doing the same, and used statutes intended for the Ku Klux Klan and for evidence-tampering and financial crimes to bring a lawless case against Trump for lobbying against ratification of 2020 election. The cases were dismissed, with the latter case decimated when the Supreme Court held that a president is immune from prosecution for official acts. Contrary to its policies, the Justice Department then issued scathing reports, in which Smith proclaimed that Trump would have been convicted. Who needs trials or juries?

Matthew Colangelo left the third-ranking position in the Biden Justice Department to concoct sham fraud cases against Trump in New York. Judge Arthur Engoron found Trump and his children liable for “civil fraud,” imposed a $455 million fine, and stripped Trump of his New York businesses, even though there was no fraud, victim, or losses. Colangelo, district attorney Alvin Bragg, and Judge Juan Merchan mangled New York law, convincing a jury to find Trump guilty of 34 felony counts for his private check stubs and legal payments to porn actress Stormy Daniels.

Hired by his lover, Fulton County district attorney Fani Willis, to lead an abusive Georgia RICO case against Trump and 18 others, Nathan Wade spent at least 16 hours in the White House developing the strategy. Democratic elected officials declared Trump an “insurrectionist,” and for the first time in American history, tried to throw a major party candidate off the ballot. The Supreme Court unanimously rejected this travesty.

More than 100 Trump family members, supporters, and advisors were indicted or targeted in these cases. At least 10 Trump lawyers face disbarment and other financially devastating discipline, including Rudy Guliani and John Eastman.

There is compelling evidence that many of these actions constitute conspiracies to injure, oppress, threaten, intimidate, and abuse power under color of authority, subjecting officials to criminal and civil liability pursuant to 18 U.S. Code §241 and § 245, 42 U.S. Code § 1983, and other federal and state laws and regulations.

Trump says that success will be his retribution. Attorney General nominee Pat Biondi testified during her confirmation hearing that she will not pursue retribution. Some commentators whom I greatly respect argue that to restore normalcy, the Trump administration should move on.

I disagree.

“Retribution” would mean doing what the Biden administration did – stretching laws to improperly pursue political opponents. I agree that that should never happen.

But anyone involved in the weaponization of our justice system who accepts a Biden pardon should be hauled before congressional committees, federal investigators, and grand juries so we can learn the truth. The pardon will strip them of their right to avoid self-incrimination. Any witness who fails to testify fully and honestly should be prosecuted for obstruction of justice, perjury, and other appropriate crimes.

Other officials involved in lawfare who broke no laws that are traditionally prosecuted should be subject to appropriate discipline. But any official who broke laws that are historically prosecuted should be held to account for lives ruined, as well as the assault on democracy.

Doing this will restore normalcy.

Kenin M. Spivak is founder and chairman of SMI Group LLC, an international consulting firm and investment bank. He is the author of fiction and non-fiction books and a frequent speaker and contributor to media, including The American Mind, National Review, the National Association of Scholars, television, radio, and podcasts.

This article was originally published by RealClearPolicy and made available via RealClearWire.