KINSELLA: Prosecuting Trump, or any president, doomed to failure

Ralph Waldo Emerson said it best.

“When you strike at a King, you must kill him.”

The parentage of the American essayist’s words have been claimed by many, but one thing can’t be denied: if you indict a former president of the United States, you’d better not lose.

And this writer — who worked, full disclosure, for Hillary Clinton in three states in 2016, including at her Brooklyn headquarters — thinks Manhattan’s District Attorney is going to lose. Badly.

As everyone is noting, this has never happened before: a president — or a former president — being indicted for a crime. In the 247 years the American republic has existed, no president had ever been charged with a crime. Ever.

Impeached, yes — Andrew Jackson and Bill Clinton, once, and the aforementioned Donald J. Trump, twice. But arraigned, fingerprinted and photographed like a common criminal? That’s a first.

It also won’t succeed. As much as this writer detests Trump, the fact remains: successfully prosecuting a president — any president — is doomed to failure.

Forget about the “no one is above the law” piffle. If O. J. Simpson showed us anything, it’s that celebrities in the United States are judged by a different standard. And Donald Trump isn’t just a celebrity — he’s arguably the biggest celebrity of this era.

I also think he’ll walk. Five reasons.

One, if you read any of the news stories about Trump’s indictment, you will repeatedly see two words: “legal theory.” The “legal theory” relates to whether it was inappropriate to mix Trump Organization funds — and presidential campaign funds — in some Byzantine way to pay off a porn star.

If you are ever going to try out a “legal theory,” best not do it in a courtroom against a media-savvy former president in front of an international audience. Experiment at home first, sure. Not on the front pages of the world’s newspapers.

Michael Cohen, U.S. President Donald Trump’s former lawyer, leaves his apartment to report to prison in Manhattan, New York, U.S., May 6, 2019. https://smartcdn.gprod.postmedia.digital/torontosun/wp-content/uploads/2020/07/usa-trump-cohen-1-e1595518261753.jpg?quality="90&strip=all&w=576&sig=5MYGlfJ5idUbdQW7Hfcouw 2x" height="767" loading="lazy" src="https://smartcdn.gprod.postmedia.digital/torontosun/wp-content/uploads/2020/07/usa-trump-cohen-1-e1595518261753.jpg?quality=90&strip=all&w=288&sig=KHhbOr-UjRiELA-xShSaCg" width="1024"/>
Michael Cohen, U.S. President Donald Trump’s former lawyer, leaves his apartment to report to prison in Manhattan, New York, U.S., May 6, 2019.Photo by Jeenah Moon /REUTERS

Two, the principal source of the allegations against Trump come from one man: his former lawyer, a convicted criminal. Michael D. Cohen was the one who allegedly arranged for the hush money to be paid to porn star Stormy Daniels. Problem: Cohen is a crook, a convicted fraudster and perjurer. He’s been jailed for those crimes. Why would he be believed now? For the prosecution, it’ll be a very big hill to climb.

Three: the other star witness is Stormy Daniels, a porn star. The pneumatic Daniels is no dummy — she shows a rapier wit on social media — but she is also a bit of a loon. Among other things, Daniels bills herself as a “paranormal investigator” — and stars in something called the “Spooky Babes Show.” She has testified previously that her house is haunted by “a non-human thing with tentacles.”

In this file photo taken April 16, 2018, adult film actress Stephanie Clifford, also known as Stormy Daniels, speaks at the U.S. Federal Court in Lower Manhattan, N.Y. https://smartcdn.gprod.postmedia.digital/torontosun/wp-content/uploads/2023/03/Stormy-Daniels-files-Mar18-scaled-e1679161320786.jpg?quality="90&strip=all&w=576&sig=GSKsWqfvtJmU4CSs67TPfg 2x" height="767" loading="lazy" src="https://smartcdn.gprod.postmedia.digital/torontosun/wp-content/uploads/2023/03/Stormy-Daniels-files-Mar18-scaled-e1679161320786.jpg?quality=90&strip=all&w=288&sig=Il4QUHc4jSWAMa4meKeGiA" width="1024"/>
In this file photo taken April 16, 2018, adult film actress Stephanie Clifford, also known as Stormy Daniels, speaks at the U.S. Federal Court in Lower Manhattan, N.Y.Photo by EDUARDO MUNOZ ALVAREZ / AFP /Getty Images

While those of us who have gone through divorce can empathize with that description, it isn’t going to do much for Stormy’s credibility on the stand. Spooky, indeed.

Four: the Manhattan prosecutor in the case, Alvin J. Bragg, is a registered Democrat. He went to Harvard, he’s a good Dad, he taught Sunday school. It doesn’t matter. The Right Wing Death Machine is about to pluck Bragg from obscurity, and pop him into a gigantic political Cuisinart. Every mistake, every misstep that he has made in his 49 years is about to get the mean proctologist’s treatment, without anesthesia. He is going to become a human piñata, and fodder for every Republican presidential candidate. For months.

Five: and that is the biggest reason why indicting Donald J Trump is a mistake. It will unite all of the GOP presidential aspirants like nothing else. A black, Harvard-educated Democrat prosecuting a Republican former president who still tops most polls? Not good.

District Attorney Alvin Bragg speaks at a press conference to discuss the charges against Steve Bannon in New York on September 8, 2022. https://smartcdn.gprod.postmedia.digital/torontosun/wp-content/uploads/2023/01/GettyImages-1243048645.jpg?quality="90&strip=all&w=576&sig=yVMKwyc4dh_FE17bD_2LgA 2x" height="644" loading="lazy" src="https://smartcdn.gprod.postmedia.digital/torontosun/wp-content/uploads/2023/01/GettyImages-1243048645.jpg?quality=90&strip=all&w=288&sig=4747BZCMCrjJOQGPHLdpCw" width="1024"/>
District Attorney Alvin Bragg speaks at a press conference to discuss the charges against Steve Bannon in New York on September 8, 2022.Photo by Alex Kent/AFP /Getty Images

That’s not all. A line has been crossed on Thursday in Manhattan. When the GOP retake the White House — and they will — they will return the favor, with extreme prejudice. They will indict Joe Biden, Hillary Clinton — and the Kennedy brothers, if they can.

The criminal prosecution of Donald Trump will unleash a Civil War in American politics like has never been seen before. It’ll be ugly.

Trump is a crook. Yes. Everyone knows that.

We didn’t need a doomed-to-failure prosecution to remind us.

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