Noah Feldman, Columnist

Trump Would Jail Clinton? There's a Name for That

That's what happens in a dictatorship.

October 10, 2016 at 3:30 AM UTC

Noah Feldman is a Bloomberg Opinion columnist. A professor of law at Harvard University, he is author, most recently, of “To Be a Jew Today: A New Guide to God, Israel, and the Jewish People."

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Photographer: Saul Loeb/AFP/Getty Images

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Donald Trump’s threat in Sunday night’s presidential debate to appoint a special prosecutor to go after Hillary Clinton’s use of a private e-mail server is legally empty -- but it’s genuinely dangerous nevertheless. Federal regulations give the appointment power to the attorney general, not the president, precisely to protect us against a president who uses the special prosecutor as a political tool.

What separates functioning democracies from weak or failed ones is that political parties alternate in power without jailing the opponents they beat in elections. That sometimes means giving a pass to potentially criminal conduct, but that’s a worthwhile sacrifice for making republican government work.