A development that legal scholars are calling a nightmare scenario, concerns are mounting about former President Donald Trump’s plans to potentially abuse his power if he secures a second term in office. The Washington Post reports that Trump and his allies are considering using federal power to target critics and opponents.
Privately, Trump has expressed a desire to have the Justice Department investigate former officials and allies who have criticized his time in office, including individuals such as former Chief of Staff John Kelly, former Attorney General William Barr, and his ex-attorney Ty Cobb. Additionally, he has discussed the possibility of designating a special prosecutor to investigate President Joe Biden and his family, despite any evidence of wrongdoing.
Mary Guy, a professor of public administration at the University of Colorado Denver, expressed concerns, saying, The promises that Trump and his allies are making are a perversion of the U.S. Constitution and the principles of democracy as we practice it in the U.S.
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To enable Trump to influence Justice Department decisions, his associates are exploring strategies to bypass long-standing policies designed to insulate criminal prosecutions from political interference. A significant portion of Trump’s second-term planning has been informally delegated to a network of right-wing groups collaborating on a project called Project 2025, aimed at empowering the next GOP president to reform the so-called deep state bureaucracy. However, experts worry that this initiative could erode the country’s system of checks and balances.
These groups are even considering the use of the military under the Insurrection Act, which dates back to 1871, to address civil demonstrations. Legal experts warn that such actions could be unconstitutional.
Jeffrey Clark, a former assistant attorney general facing charges related to election interference, is a key figure in crafting these strategies. The Insurrection Act grants the president the authority to use the military against Americans within the United States in specific situations.
Jamie White, an attorney who handles criminal defense and civil rights cases, emphasized that the Insurrection Act was not designed to empower presidents to silence law-abiding citizens. It was created to protect the country from such abuses of power.
While there were calls to invoke the Insurrection Act during Trump’s last year in office, he did not do so. However, if he secures a second term, there are concerns that he may take a different approach.
Trump’s intentions are clearer than ever, and White stated, Trump is using a bullhorn and being very clear that he will curtail liberties in manners that have not been pronounced since before the Civil War.
Ultimately, some experts believe that the Supreme Court may need to intervene to prevent any potential abuse of power in a second Trump administration.
