"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:
[Trump] would have to order his attorney general to appoint a special prosecutor, then count on that special prosecutor to agree with his assessment that Clinton's email practices violated criminal laws about mishandling classified information. And even if he did all that and Clinton was charged, she would still be afforded a trial, and Trump's special prosecutor would have to contend with evidence that led the original team of federal investigators to conclude there was not sufficient basis to believe a crime occurred.Getting that process started, though, would not seem that difficult. Trump gets to pick and appoint the attorney general. [The Washington Post]
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.
The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.
Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
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.
-
Embrace the Boricua spirit on a foodie tour of Puerto RicoThe Week Recommends From cultural food tours to organic farms, there is plenty to discover around the island
-
The longest US government shutdown in historyThe Explainer Federal employees and low-income households have been particularly affected by ‘partisan standoffs’ in Washington
-
Jeremy Hunt picks his favourite booksThe Week Recommends The former chancellor shares works by Mishal Husain, Keach Hagey, and Johan Norberg
-
Has Zohran Mamdani shown the Democrats how to win again?Today’s Big Question New York City mayoral election touted as victory for left-wing populists but moderate centrist wins elsewhere present more complex path for Democratic Party
-
Senate votes to kill Trump’s Brazil tariffSpeed Read Five Senate Republicans joined the Democrats in rebuking Trump’s import tax
-
Border Patrol gets scrutiny in court, gains power in ICESpeed Read Half of the new ICE directors are reportedly from DHS’s more aggressive Customs and Border Protection branch
-
Shutdown stalemate nears key pain pointsSpeed Read A federal employee union called for the Democrats to to stand down four weeks into the government standoff
-
Trump vows new tariffs on Canada over Reagan adspeed read The ad that offended the president has Ronald Reagan explaining why import taxes hurt the economy
-
NY attorney general asks public for ICE raid footageSpeed Read Rep. Dan Goldman claims ICE wrongly detained four US citizens in the Canal Street raid and held them for a whole day without charges
-
Trump’s huge ballroom to replace razed East WingSpeed Read The White House’s east wing is being torn down amid ballroom construction
-
Trump expands boat strikes to Pacific, killing 5 moreSpeed Read The US military destroyed two more alleged drug smuggling boats in international waters
