As we said last year, prosecuting Trump is not about partisan revenge; it’s one of several necessary steps that the federal government ought to take in order to meaningfully reform the presidency and defend American democracy. Now that the United States has gone through one failed attempt at overthrowing the government — instigated by none other than a man who was president at the time — it is more crucial than ever to show future occupants of the White House that breaking the law in the Oval Office will not stand.

But there is also another reason for the Department of Justice to hold anyone who participated in trying to overthrow the government, including Trump, accountable: Not only would it deter a future president from breaking the law in such a brazen way, it would also discourage their cronies and sycophants from playing along. Government officials at any level must be shown that they can be held personally liable for abusing their power. And if former officials can get by with nary a scratch after plotting an overthrow of the US government, then what message will that send to those with the keys to our government other than that they can get away with, quite literally, anything?…

But the reality is that inaction would have worse consequences in the long run. As dangerous as the Trump presidency was, it certainly could have been much worse. Part of the reason it wasn’t is because there were instances — albeit rare — of officials around him showing restraint and resisting his worst impulses. Fear of facing legal consequences after they left office could very well have compelled some officials to rebuff some of Trump’s most egregious orders. By not actually delivering those legal consequences, the Biden administration would only embolden a future administration to be even more recklessly unlawful because it would show that there are no consequences to breaking the law so long as you work in the corridors of power.