As we think about the very real possibility of a Trump II administration, the consequences for the rule of law should be foremost in our mind. As he promises retribution against his enemies through the courts, should we believe him? 

Yes.

Trump will be able to use prosecutorial and investigative power to go after his political opponents. While frivolous charges will not lead to convictions, they will have significant harassment value. More ominously, they will further degrade norms of professionalism on which the rule of law depends.

Trump has long used the threat of criminal prosecution as a political cudgel. “Lock her up” was a favorite chant of the 2016 presidential campaign, and once in office he wanted his Department of Justice to go after both Hillary Clinton and James Comey. These efforts were stymied by a succession of Attorneys General who mostly upheld norms of professionalism, but this has not deterred Trump. In recent years, he has threatened to go after Joe Biden and the “Biden crime family” should he return to office. Among the list of people Trump or his proxies have said should go to jail or be investigated are New York prosecutor Alvin Bragg, Hillary Clinton aide Huma Abedin, Mark Zuckerberg, and politicians Adam Schiff, Ilhan Omar, John Kerry, and Liz Cheney.

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