If President Trump wanted to jail Clinton, this is how he could do it
"Lock her up!" was a favorite chant at Donald Trump rallies throughout the general election, and now that only a few short months separate him from the White House, he actually has the power to try to do so. Trump even publicly vowed to hire a special prosecutor to go after Hillary Clinton for her use of a private email server and claimed that she would "be in jail" if he is elected.
A president can't just throw someone in jail, though. Here's what would need to happen:
By Wednesday morning, Donald Trump's campaign manager still refused to rule out the possibility of Trump appointing a special prosecutor next year. President Obama has the ability to thwart such a scheme, though, by formally pardoning Clinton before he leaves office, which can be done even though she was not charged with any crimes.
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Still, attempting to jail political enemies has long been an indication of failed democracies. "It would be like a banana republic," former attorney general Michael Mukasey, himself an outspoken Clinton critic, told The Washington Post.
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Jeva Lange was the executive editor at TheWeek.com. She formerly served as The Week's deputy editor and culture critic. She is also a contributor to Screen Slate, and her writing has appeared in The New York Daily News, The Awl, Vice, and Gothamist, among other publications. Jeva lives in New York City. Follow her on Twitter.
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