Tom Ginsburg Debates Whether Trump Should Be Indicted on Intelligence Squared Podcast

Should Trump Be Indicted?

After a series of prime-time hearings from the January 6th Committee and hundreds of charges against individuals who participated in the events of that day, the Department of Justice faces a complex political and legal question: Should it charge Donald Trump with federal crimes? Those calling on Attorney General Merrick Garland to act argue that no person is above the law and that the Committee's investigations have unearthed more than enough evidence to bring a variety of charges against the former president. But still others warn that indicting a former president — who has signaled interest in returning to the campaign trail in 2024— and who enjoys considerable support in the Republican party will even further fraction the nation's political divisions. Would indicting President Trump set a dangerous precedent and deepen political hostility in the run-up to a major presidential election? Or would failing to indict him prove even worse?

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