I’m sorry, my dear Penguin, but you are off base here. (That’s Americanese for “out of your ground,” in case you need the translation.)
In the first place, as others have pointed out, the presumption of innocence is not the same as factual innocence. Like any other accused defendant, Trump is of course entitled to be treated as innocent—allowed to walk out of the courtroom, go home and go freely on with his life pending trial—unless and until he is adjudged guilty by a jury of his peers. (Actually, four juries and counting.) But that presumption does nothing to alter the actual fact of his guilt or innocence, which is already fixed in the unalterable past. Simply cawing, “Donald Trump is innocent,” as you did repeatedly in your earlier article, does not make it so.
Do you really imagine that we who wish to see him brought to justice are unmindful of the risks and dangers of prosecuting him? We need no lectures from you about democracy and due process and the rule of law. Our courts will see to it that the man enjoys every benefit to which he is entitled under our Fourth, Fifth, Sixth, and Eighth Amendments. He will not be deprived of life, liberty, or property without due process of law; his person, houses, papers, and effects have not been searched or seized without a warrant supported by probable cause; he has been duly informed of the nature and cause of the accusation; he will receive a speedy and public trial; he will have the assistance of counsel; he will be confronted with the witnesses against him; he will have compulsory process for obtaining witnesses in his favor; he will not be subjected to excessive bail, excessive fines, or cruel and unusual punishment.
We are well aware of the dangers of prosecuting the predecessor and political opponent of the administration currently in power, and of its potential for future abuse. It is an extremely worrying precedent to anyone dedicated to democratic order and the rule of law. But failure to prosecute would set an equally dangerous precedent of impunity for those in power. We are forced to weigh and choose between abhorrent alternatives, both fraught with peril. But choose we must. It is my judgment, and that of many of my fellow citizens, that history demands this vile miscreant be held to account for his (alleged) crimes.
Will Trump attempt to capitalize on the prosecution to cast himself as a political martyr? Undoubtedly. (Already yesterday, the day after his arraignment, he took to social media to threaten the prosecutor with retribution—a criminal act in itself [18 U. S. Code §1512] for which, by rights, he should have his bail revoked and be confined to a prison cell while awaiting trial.) Will the backlash from his supporters lead to his being reelected in 2024? Perhaps, God save us all. But these are risks we are compelled to take. Justice demands that he be prosecuted to the full extent of the law, without fear or favor.
We are fighting for the soul of our nation here. We who have lived this nightmare for the last eight years don’t need gratuitous advice from foreign spectators on the sidelines.