On Friday night, writing for The Washington Post, conservative attorney George Conway laid out the way forward to investigate former President Donald Trump for his criminal conduct in office now that he is a private citizen — and prosecute him where appropriate.
"Trump departed the White House a possible — many would say probable, provable — criminal, one who has left a sordid trail of potential and actual misconduct that remains to be fully investigated," wrote Conway. "A desperate fear of criminal indictment may even explain Trump's willingness to break any number of laws to stay in office despite losing his reelection bid, democracy and the Constitution be damned."
While President Joe Biden is correct to pledge to stay out of prosecutorial decisions surrounding Trump, wrote Conway, the Justice Department should not — and everything from the Russia obstruction of justice, to the Ukraine bribery scheme, to his attacks on the election and incitement of the Capitol riot, should be on the table to prosecute.
One important avenue, wrote Conway, is to follow the lead of New York prosecutors.
"[Manhattan DA Cyrus] Vance is running a state investigation, but if Trump has committed bank or insurance fraud, that would be chargeable as federal offenses as well, including mail or wire fraud," wrote Conway. "So, too, with state tax offenses, given how Trump's federal and state returns would no doubt track one another. Trump apparently had good reason to be concerned about who would fill [Preet] Bharara's old job."
Also important, Conway argued, is for future Attorney General Merrick Garland to appoint a special counsel — or, ideally, more than one of them.
"With Trump, there's so much to investigate criminally that one special counsel can't do it all," wrote Conway. "Could you imagine one prosecutor in charge of addressing Trump's finances and taxes, his hush-money payments, obstruction of the Mueller investigation, the Ukraine scandal, and post-election misconduct, for starters? It would be an impossible task for one team. One special counsel's office couldn't do it all, not in any reasonable amount of time, and it's important for prosecutors to finish their work as quickly as possible. Three or four special counsels are needed. Under the regulations, each would be accountable to the attorney general."
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