Trump subpoena creates test for democracy

Hey there, time traveller!
This article was published 31/10/2022 (1417 days ago), so information in it may no longer be current.

Will he or won’t he? Millions of Americans on both sides of the political divide created by former United States president Donald Trump are waiting to see whether he testifies before the House select committee investigating the Jan. 6, 2021, attack on the U.S. Capitol. Mr. Trump’s final decision will almost certainly serve as a test of the resilience of one of the world’s great democracies.

The select committee issued a subpoena demanding documents and testimony from the former president and, to some surprise, lawyers for Mr. Trump formally accepted service of it this past week. The document demands the handover of specified documents by Nov. 4 and testimony by Mr. Trump at a deposition by Nov. 14.

Mr. Trump could testify if he wanted to, and there have been signs that he wants to use an appearance before this committee to double down on claims the election result was illegitimate — a public assertion that would no doubt energize his base of support. There have been reports Mr. Trump has told his lawyers he is willing to appear before the committee as long as it is televised live.

It is unclear whether the committee can actually compel him to appear or cite him for contempt of Congress, as it has done with several of Mr. Trump’s aides and advisers. Mr. Trump continues to assert “executive privilege” which broadly protects presidents from prosecution or having to testify in legal proceedings. The U.S. Justice Department has already issued an internal opinion that presidents are immune from prosecution.

Still, the decision to issue the subpoena, and Mr. Trump’s decision about whether accept the invitation to testify, sets the stage for a seismic moment in U.S. political history.

Testimony to date before the select committee has established a direct line between Mr. Trump and the protesters who stormed the Capitol.

Unwilling to concede the 2020 election, Mr. Trump summoned supporters to a “Stop the Steal” rally at a park near the Capitol where he said he would “never concede.” He implored then-vice-president Mike Pence to take extraordinary measures to stop the certification of the election result, and urged supporters to walk down Pennsylvania Avenue and take their raucous protest directly to the Capitol.

Whether he testifies or not, the dilemma facing those who wish to hold Mr. Trump accountable cannot be understated: each subpoena, investigation and lawsuit against the former president seems to embolden his supporters and strengthen his chances of undermining democracy.

In addition to the select committee investigation, Mr. Trump is currently facing the prospect of criminal charges for the removal of classified documents from the White House, criminal and civil proceedings involving fraud allegations aimed at his businesses in New York state and a criminal investigation in Georgia over allegations he tried to coerce a state official to manipulate election results.

Rather than buckling, Mr. Trump has touted all of these proceedings as evidence of a continued “witch hunt” to stop him from regaining the White House. And make no mistake about it, he is still very much in the mix to compete for the Republican presidential nomination in 2024.

As Mr. Trump’s legal woes mount, an increasing number of his hardcore supporters — those who continue to maintain, without evidence, that Democrats stole the 2020 election from Republicans — are running for office in midterm elections with a very strong chance of winning.

It all sets the stage for a true test of American democracy. Holding the former president to account for his many and obvious transgressions is the right thing to do. It may, however, produce that which his accusers desire least: more Donald Trump.