Legal experts on Monday appeared divided on the question. Some argued that prosecuting Trump is necessary to restore certain democratic norms that were shattered during Trump’s White House tenure, especially amid a tumultuous lame-duck phase that has seen Trump launch numerous failed lawsuits to challenge Biden’s win while repeatedly making claims that the election was subject to rampant voter fraud despite a lack of any evidence.
Other experts, however, said the appropriate remedy is political, not court-ordered.
“While President Trump may have engaged in criminal conduct in this phone call, I think the best interests of the nation would be to avoid traditional criminal prosecution, with the contemplation of imprisonment or something like that,” said Edward Foley, an election law expert and law professor at Ohio State University.
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