The use of criminal law for retribution is off to a rocky start. Trial judges are refusing to apply the presumption of regularity on critical procedural issues, grand juries are declining to indict, and trial juries are acquitting Trump’s targets. What should we make of this?
Part of the DOJ’s failures are due to incompetence and Trump’s blatant attempts to interfere in the process, of course. But part of it is the willingness of locals–including, in some cases, federal judges appointed by Trump himself–to look at what is actually happening rather than assuming the government is acting in good faith.
Even a lapdog Supreme Court will be of limited help to Trump here. The James II analogy looks more pertinent with each passing day.