The primary issue of every leader in any democracy is to protect and preserve free speech based on credible facts and information to ensure that the people control the government rather than the government controlling the people.
When faced with Covid, the Democratic Party defined leadership by asking “What is the best way to solve this national crisis?” They insisted the answer was to follow the best available science. Trump, however, defined the issue by asking “Why should American freedom be curtailed by overbearing mask wearing liberals and political correctness?”
For Trump, the primary issue has always been how to define the Democrats. He vilifies them on Twitter and supports media that broadcasts conspiracy theories, unsupported false information and propaganda in order to polarize his base. The Democrats have always been blind to this. It is really not a policy dispute.
Trump lost the election but this argument isn’t over.
Trump received 74 million votes and remains the voice of the Republican Party. It has been reported that over half of all Republicans believe that the election was stolen and Trump won.
The issue now is how can the country address this polarization in order to preserve its democracy.
The First Amendment broadly protects anything related to free political speech, so a democracy cannot rely on the government to police and protect the voting public.
In the alternative, the president of a publicly-held company would be liable for a breach of fiduciary duty for the Covid loss of life which could’ve been prevented if not for his self-dealing at the public’s expense.
Could the Justice Department create a special prosecutor to investigate and prosecute Trump for obstruction of justice, violations of the Hatch Act and many other examples of malfeasance? Yes.
What if Trump pardons himself? This has never been tested and the authorities are split, but I am virtually certain that he could not. There are endless Constitutional textual analyses available, but a self-pardon would imply the founders granted an American president more power than the king they hated, and placed the President above the law.
The people could, through their legislators, lift the protection preventing civil law suits against private companies, such as social media in defamation cases. That is not government shutting down political speech — it is just permitting damages for false speech at the expense of a private citizen or companies. But it sure could change behavior if their revenues were put at risk for profiting from the political polarization.
The only solution is that the people must protect their own government.
Public discussion to change public opinion is the only solution. It is our own individual responsibility to find ways to revive public speech.
Democrats need to listen and may need to forego prosecution or vindication rather than prove to themselves they were always right. The Democrats have always been blind to this. It is really not a policy dispute. It is a private obligation.
