Futility Cannot Excuse Malice

Trump’s phone call with Georgia’s secretary of state may have violated the law.

By
334

I’m going to start with an analogy I made in yesterday’s Advisory Opinions podcast. Let’s imagine you’re standing in line at a bank, and a man strides in and yells, “This is a stick-up!” You’re stunned. You’re afraid. And then, suddenly, rather than pulling out a gun, the wannabe robber pulls out a stuffed rabbit and starts pointing it at everyone in the lobby.

As everyone gathers their wits, the security guard walks over, grabs the robber by the arm (even as he brandishes the rabbit and says, “Pew! Pew!”), and calls the police. What do you do with the guy? He obviously intended to rob the bank. You might even say he tried to rob the bank. But the man had a rabbit. No one was ever in real danger.

At the end of the day, a prosecutor may not choose to throw the book at the defendant, but he’ll do something.  Why? Because futility cannot excuse malice, and the defendant’s criminal conduct still merits punishment.

That’s exactly the feeling I had when I listened to Donald Trump’s telephone call to Georgia Secretary of State Brad Raffensperger and read the transcript. Trump wasn’t trying to rob a bank vault, but he was trying to steal an election. He didn’t possess the legal or political weapons to accomplish his intent—not even close. But futility cannot excuse malice, and Trump’s effort may have violated both state and federal criminal law.

Keep reading with a free account
Create a free Dispatch account to keep reading Get Started ALREADY HAVE AN ACCOUNT? SIGN IN
334
By
Comments (334)
Join The Dispatch to participate in the comments.
 
  1. Avatar photo
    Francis Miller

    Trump has never stopped being Trump. Why would he stop now? Respect for civil unity? Not what he is about. I could not vote for the DNC manikin or their agenda. Which means I voted for a particularly reprehensible individual. I remember his self-aggrandizing, rich boy behavior in NYC where I grew up. He is the love doll of the media. He is never going away. Please make a point of urging your readers to never vote for an incumbent. 6 or 7 years and we have broken the power of the political parties whose interests are not that of the American people. And broadened the field as well.

    Collapse
  2. Avatar photo
    Liz Linton

    Your book's timing was very important. Restoration-do you believe so?
    In the Civil War "Brother was against brother." That's what we have today.

    David, there are families that don't talk anymore. Many of us have been shamed by our friends, family, co-workers, and sadly our spouses for being "You Never Trumpers."
    So much loss . . . I really appreciate the work you've done and rely on its continuation.

    Collapse
  3. Gene Morphis

    I am so eager for DJT'S term to end so that you will find something else to write about.

    Collapse
    1. Avatar photo
      Mudskipper

      Nothing to see here! Move along, folks.

      Collapse
    2. barbara markman

      You believe Trump’s maliciousness ends when his term is up?

      Collapse
  4. Jonathan

    David,

    What do think about prosecuting Trump for inciting insurrection or seditious conspiracy? 18 USC 2383-84.

    Collapse
  5. Maddmac

    Impeach. Now.

    Collapse
  6. Eric Terzuolo

    David. Love the title of your piece. Futile acts can indeed be highly malicious.

    Collapse
  7. Avatar photo
    Jason Gibson

    Go Big 10!!!! Ohio State all the way!!!

    Collapse
  8. Avatar photo
    LindaL

    Well, I really wrote my post “tongue in cheek”. It reflects my wish that Trump would just slink away, tail between his legs. But who knows, there may be someone worse to fill in the gap he would leave.

    Collapse
  9. Vic

    This is serious and funny at the same time. However, David could have saved time and keyboard strokes by ending the article after the sixth paragraph. The subsequent blow by blow was superfluous. As to the "burn down the house" theory, I don't remotely subscribe to that. I think many of our Republican friends will look a lot better once Trump is off the stage, and we get an unfettered look at what liberal Dem governance will produce. It's not going to be pretty, nor good for the country. It will be worse than burning down the house. In fact, burning down the house would be an elite project, pleasing to elites, and will only further empower the left.

    Collapse
  10. TragicMishap

    Meh. I hate that ND is always overrated but mid-tier SEC teams are always overrated too. ESPN always pumps the SEC because they have TV deals with them.

    And no one really cares about controversies over who should have been #4. The only people who stoke that stuff are, once again, journalists who want a bigger playoff.

    Collapse
Load More