We are likely to have two candidates with their own respective special counsels. One or both could be indicted. Either way, the election could protect the winner practically from prosecution either due to a self-pardon or an internal Justice Department rule. A vote for Biden or Trump could therefore literally prove to be a “get out of jail free” card. …
Although the president wants Americans to look down the road past images of classified documents next to his vintage Corvette, we may be heading into one of the most bizarre, unsettling moments in our constitutional history.
There is now a distinct possibility we will have not just two leading candidates campaigning for the presidency with their own respective special counsels in tow, but two candidates who could be indicted or close to indictment at the time of the election. That would present some novel political and constitutional questions.
[On the other hand, we may not see either man make it onto a ticket in 2024, in large part because of these investigations. We may end up seeing Gavin Newsom or Kamala Harris take on Ron DeSantis or Glenn Youngkin, which would make these issues entirely moot. And the more these scandals roll on, the more one has to imagine that voters would end up preferring clean slates. — Ed]
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