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Jonathan Bernstein

Trump’s Behavior Strengthens Case Against Him

The former president’s implicit claim that he is above the law and his continued participation in politics should factor into prosecution decisions.

Political, not partisan.

Political, not partisan.

Photographer: Brandon Bell/Getty Images

Should former presidents who are believed to have committed crimes, either in office or afterward, be indicted? 

It is never simply the case that prosecutors in the U.S. indict anyone who they believe is guilty of crime, as my Bloomberg Opinion colleague Clive Crook has pointed out. For one, it’s misconduct to indict without confidence that a conviction will follow.