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Trump should be prosecuted in the courts

Whether Trump is running for president or not, he and his accomplices should be held to the same standard as anyone who has committed criminal acts.

Rioters loyal to President Donald Trump rallying at the U.S. Capitol in Washington on Jan. 6, 2021.
Rioters loyal to President Donald Trump rallying at the U.S. Capitol in Washington on Jan. 6, 2021.Read moreJose Luis Magana / AP

One of the bedrock values of our country’s justice system is that everyone, regardless of their socioeconomic status, is treated equally in the face of the law. That premise sometimes shifts on shaky ground, and the legal system loses credibility when it fails to uphold these values of equity and justice.

Our leaders cannot afford to let that happen when it comes to the insurrectionists who attacked the U.S. Capitol on Jan. 6, 2021.

As a public defender, I swore an oath to uphold the U.S. Constitution — to fight for its citizens and to ensure that the legal concept of probable cause is applied equitably in each and every case. However, that commitment becomes compromised when powerful individuals abuse the system in a manner meant to skirt the law or put them above the law that governs everybody else.

Throughout this year’s televised hearings, we’ve had a front-row seat to former President Donald Trump’s probable cause hearing courtesy of the U.S. House select committee on Jan. 6. As I watched the hearings unfold, I was reminded of the unprecedented, egregious, and fundamentally illegal nature of these events.

Trump tried to manipulate, pressure, and browbeat his subordinates into breaking the law for his own personal gain. He incited a riot when he encouraged his supporters to break the law, knowing that violence was likely. Earlier this month, Trump called for the termination of our Constitution in connection with his persistent demands and attempts to overturn the 2020 election.

I have seen the system’s swift reaction to some who are accused of wrongdoing. I’ve represented individuals who were arrested with little to no evidence at all, especially when there is violence involved. The justice system seems to have two standards: one that applies to those whose daily experience is rooted in poverty and oppression, and one that allows the wealthy to circumvent the consequences of breaking the law.

Trump and his coconspirators must be held to the same standard as more vulnerable offenders who do not have Trump’s resources. Not only is accountability the right thing, it is vital to protecting confidence in our system of justice. The stakes are too high not to apply the law equally and in a nondiscriminatory fashion.

As chief defender for the city of Philadelphia, I implemented structural changes to the front end of the process to give judges more options and make sure the system could operate more like a scalpel than a net. Through this approach, our decision-making improved and those who were shown to be a danger by facts, and not assumptions, were taken through a process designed to protect the city. Due process became more than just two words, it became a goal.

The Jan. 6 committee has also approached its investigation with a scalpel as it seeks to hold the perpetrators accountable for their horrific and violent actions. The committee’s careful analysis and deliberate work have already demonstrated that Trump and his Republican allies engaged in a violent conspiracy that sought to overturn the outcome of the 2020 election.

We must acknowledge that the judicial system doesn’t always get it right. We cannot erase prior miscarriages of justice that raise legitimate questions about our legal system’s credibility, particularly for cases involving people with fewer resources. We can, however, recommit to our values and seek justice without exception for somebody’s wealth, societal standing, or elected position.

A majority of Americans believe that Trump and MAGA Republicans are the biggest threat to the future of democracy. They are rattling our core foundations. If we fail to hold Trump and his coconspirators — including current elected officials from Pennsylvania — accountable, it will have an irreparable and lasting impact on our democracy.

As the select committee telegraphs its intent to make criminal referrals to the U.S. Department of Justice and finalizes a report on its investigations, we are reminded that in America, nobody is above the law. And with Trump openly calling for the elimination of the Constitution that guides our democratic values and institutions, the need for accountability has never felt more urgent.

We must remain vigilant against Trump’s MAGA movement and its ongoing push to undermine our elections, sow violence, and avoid accountability for its actions. Trump and his accomplices should be held to the same standard as anyone who has committed criminal acts and be tried in the courts.

Keir Bradford-Grey is a partner with the law firm Montgomery McCracken. She is former chief defender of the Defender Association of Philadelphia. The views, thoughts, and opinions expressed in the text above belong solely to the author and do not necessarily reflect the views of her law firm or other group or individual.