Late night thoughts on reading Jack Goldsmith in the Times

It never fails to amaze me that the more powerful a person is, the more difficult it is to prosecute them for a crime. Suddenly the law doesn’t mean what we thought it clearly meant. We become timid and lost in the weeds of mens rea and other legal minutiae while rich criminals and con men walk away with the store. Certainly you or I would not be treated with such studied deference! Charge Trump with a crime? Well, let’s be careful now. Did he really commit a crime? Maybe it would be bad for the country to charge him. Suddenly we’re playing not to lose.

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