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.
Subscribe to 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.
Sign up for Today's Best Articles in your inbox
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
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.
-
'Virtual prisons': how tech could let offenders serve time at home
Under The Radar New technology offers opportunities to address the jails crisis but does it 'miss the point'?
By Chas Newkey-Burden, The Week UK Published
-
The Week contest: Airport goodbyes
Puzzles and Quizzes
By The Week US Published
-
'We shouldn't be surprised that crypto is back'
Instant Opinion Opinion, comment and editorials of the day
By Justin Klawans, The Week US Published
-
'Empowered' Steve Bannon released from prison
Speed Read Bannon was set free a week before Election Day and quickly returned to his right-wing podcast to promote Trump
By Rafi Schwartz, The Week US Published
-
Canada accuses top Modi ally of directing Sikh attacks
Speed Read Indian Home Minister Amit Shah was allegedly behind a campaign of violence and intimidation targeting Sikh separatists
By Peter Weber, The Week US Published
-
Harris makes closing case in huge rally at DC's Ellipse
Speed Read The Democratic nominee asked voters to "turn the page" on Trump's "division" and "chaos"
By Peter Weber, The Week US Published
-
'I am not a Nazi,' Trump says amid MSG rally fallout
Speed Read Trump and his campaign are attempting to stem the fallout from comments made by speakers at Sunday's rally
By Peter Weber, The Week US Published
-
Ballot drop boxes set on fire in Oregon, Washington
Speed Read Hundreds of submitted ballots were destroyed in Vancouver, Washington
By Peter Weber, The Week US Published
-
Israel votes to ban UN agency for Palestinians
Speed Read UNRWA provides food, medical care and other humanitarian assistance to Palestine
By Peter Weber, The Week US Published
-
US election: where things stand with one week to go
The Explainer Harris' lead in the polls has been narrowing in Trump's favour, but her campaign remains 'cautiously optimistic'
By Harriet Marsden, The Week UK Published
-
Elon Musk is in regular contact with Putin, WSJ says
Speed Read The Tesla founder has been increasingly involved in Donald Trump's presidential campaign
By Peter Weber, The Week US Published