Excerpt from Goldberg’s article in the NYT
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The first is what we might call the psychopath’s advantage: Prosecutors would have to prove that Trump knew that what he was doing was wrong. “You’re not dealing with your ordinary fraudster or your ordinary criminal or even your ordinary corrupt politician,” said Bromwich. “He seems to believe a lot of the lies that he’s telling.”
There’s also the sheer political difficulty of prosecuting a former president. “My guess is that in the weeks and months that a prosecutor takes to develop a case like that, they’re at the end of the day going to say, ‘The guy’s not in office, nothing happened, we’re not spending our resources on it,’” the Republican election lawyer Benjamin Ginsberg told me. “Which doesn’t take away from the really immoral nature of the call.”
Taken on their own, most excuses for not investigating or prosecuting Trump make at least some sense. Launching an impeachment less than three weeks before Biden’s inauguration might appear futile.
It could even feed right-wing delusions by creating the impression that Democrats think Trump might be able to stay in office otherwise.
Both the Biden administration and Democrats in Congress will be fully occupied dealing with the devastation to public health and the economy that Trump is leaving behind. Beyond its legal challenges, a federal prosecution of Trump would maintain his toxic grip on the country’s attention.
Yet if there is no penalty for Republican cheating, there will be more of it. The structure of our politics — the huge advantages wielded by small states and rural voters — means that Democrats need substantial majorities to wield national power, so they can’t simply ignore the wishes of the electorate. Not so for Republicans, which is why they feel free to openly scheme against the majority.