They ‘could’….
But having the Justice Dept. go ahead with with charges of dereliction of duty or obstruction of Congress in probing his actions, or even election tampering are unlikely….
All parties ARE aware being a former American president, with million’s of dollars and boats load of lawyers is NOT the case you pursue lightly….
Several DA’s around the country have the same issue…..
He said the president’s delayed response to the Capitol attack could be a factor in deciding whether to make a criminal referral, which is when Congress informs the Justice Department it believes a crime has been committed. It would be up to federal prosecutors to decide whether to pursue a charge.
“That dereliction of duty causes us real concern,” Thompson said. “And one of those concerns is that whether or not it was intentional, and whether or not that lack of attention for that longer period of time, would warrant a referral.”
A criminal referral against a former president would be historic and would ratchet up the political tensions that continue to swirl over the congressional inquiry into the worst attack on the Capitol since the War of 1812 as Trump considers running again for president.
….
He also said the committee is weighing other potential criminal referrals surrounding the pressure put on state and local officials to overturn the results of the election, along with whether people raised money for the rallies and events surrounding Jan. 6 while knowing the claims of election fraud were false….
This raises all kinds of gnarly questions that have bedevilled other countries at other times — and which no objectively-logical facially-neutral standard can resolve.
On the one hand, prosecuting the person who preceded you and competed with you in the last election is a hallmark of all sorts of recent dictatorships (e.g. Burma & Aung San Syu Chi; several Brazilian leaders, Khomenei & the Shah, Hong Kong, Bangladesh, Pakistan).
On the other hand, automatic immunity for dictatorial behaviour is also dangerous.
Trump IS getting over for the very reason you point out DSD,,,,
America has NOT wanted to see one of its leader’s in jail….
It WOULD take something out of the office and American itself….
And YES…
Trump should be in jail….
In some countries that would be</strong> the case…