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Trump’s Prosecution | Munk Debates

April 17, 2023

Trump’s Prosecution

Be it resolved, Trump’s prosecution is bad for American democracy.

Guests
Sarah Isgur
Norman Eisen

About this episode

The indictment of Donald Trump is an historic event. The 45th president of the United States now holds the unique distinction of being the first president to face criminal prosecution in the country’s history. Some legal experts believe that prosecuting Trump sets a dangerous precedent that will open an era of politically motivated prosecutions undermining democracy and the rule of law. Future presidents will be more likely to stay in office – through undemocratic means – in order to avoid trial. Furthermore, bringing this particular case against Trump, one which has nothing to do with his time in office, will undermine and delegitimize more important prosecutions that he could face in the future. And doing so will almost certainly galvanize his supporters and all but secure his nomination as the GOP presidential candidate in the 2024 election. Other experts argue that the opposite is true. Not holding Trump accountable to the rule of law would undermine democracy and send a message to the public that elected officials are not subject to the same justice system as ordinary citizens. Prosecuting Trump shows a commitment to basic legal principles and strengthens American democracy.

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Guests

Sarah Isgur

“Our democracy is hurt by this indictment by the idea that we can simply wield our criminal justice system to get bad people…that way lies tyranny, that way undermines the rule of law, and is a dangerous precedent.”

Sarah Isgur

“Our democracy is hurt by this indictment by the idea that we can simply wield our criminal justice system to get bad people…that way lies tyranny, that way undermines the rule of law, and is a dangerous precedent.”

Sarah Isgur is a senior editor and host of the legal podcast Advisory Opinions for The Dispatch, a professor at George Washington’s School of Media and Public Affairs, a contributing writer at Politico, and an ABC News contributor. When it comes to explaining the most important events in law and politics, Ms. Isgur’s experience on three presidential campaigns and all three branches of the federal government brings a unique perspective on the news of the day and an unparalleled knowledge of how decisions in Washington really get made. Ms. Isgur most recently served in the Department of Justice as the director of the Office of Public Affairs and senior counsel to the deputy attorney general during the Russia investigation. She was backstage for more than a half dozen presidential debates as the deputy campaign manager for Carly Fiorina’s presidential campaign. She clerked for Judge Edith H. Jones of the U.S. Court of Appeals for the Fifth Circuit, drafting opinions on some of the most salient legal issues before our courts. She is a graduate of Harvard Law School and Northwestern University.

Norman Eisen

“Trump’s prosecution is the right thing to do for rule of law and accountability. If anyone else committed these crimes I believe they would be prosecuted.”

Norman Eisen

“Trump’s prosecution is the right thing to do for rule of law and accountability. If anyone else committed these crimes I believe they would be prosecuted.”

Ambassador (ret.) Norman Eisen is a senior fellow in Governance Studies at the Brookings Institution and a CNN legal analyst. He served as special counsel to the House Judiciary Committee for the Trump impeachment from February 2019 to February 2020. From January 2009 to January 2011, he served in the White House as special counsel and special assistant to the president for ethics and government reform for President Barack Obama. He also served as the U.S. Ambassador to the Czech Republic from 2011 to 2014. 

Eisen is the co-author of Overcoming Trumpery: How to Restore Ethics, the Rule of Law, and Democracy (Brookings Institution Press 2020). At Brookings, he has co-authored the report “New York State’s Trump Investigation” analyzing the Manhattan DA’s investigation. His recent writings on the prosecution of Trump have appeared in The New York Times, CNN Opinion, and Just Security

Before government service, Eisen was a partner in the D.C. law firm Zuckerman Spaeder LLP, where he specialized in litigation and investigations. His cases included Enron, the ADM antitrust case, the subprime financial collapse, the Monica Lewinsky matter, and the 2000 and 2004 presidential recounts. He was named one of DC’s top lawyers by Washingtonian. He currently provides pro bono legal representation through his law firm, Eisen PLLC.

Eisen received his J.D. from Harvard Law School in 1991 and his B.A. from Brown University in 1985, both with honors. He has been profiled in The Washington Post, New York Magazine, Politico, The Wall Street Journal, and Tablet. He was named to the Politico 50 list of thinkers shaping American politics, and to the Forward 50 list of American Jews.