Will Trump Be Indicted? Remembering the Watergate Workaround
To indict, or not to indict? That's not necessarily the question.
On July 26th, NBC interviewed Attorney General Merrick Garland.
News anchor Lester Holt put this question to Garland: “’The indictment of a former president, and perhaps a candidate for president, would arguably tear the country apart,’” Holt said. “’Is that your concern as you make your decision down the road here, do you have to think about things like that?’” (1)
Said Garland: “’We intend to hold everyone, anyone who was criminally responsible for the events surrounding Jan. 6, for any attempt to interfere with the lawful transfer of power from one administration to another, accountable. That’s what we do. We don’t pay any attention to other issues with respect to that.’” (1)
In response to a followup question from Holt, Garland elaborated: “I’ll say again that we will hold accountable anyone who was criminally responsible for attempting to interfere with the transfer, legitimate, lawful transfer of power from one administration to the next.” (1)
So – to indict, or not to indict?
Ah. That’s not necessarily the question.
Prosecutors in the Watergate case used an elegant workaround.
President Richard Nixon was designated as an unindicted co-conspirator.
On June 07, 1974, the New York Times reported: “Nixon was named last February by a Watergate grand jury as an unindicted co‐conspirator in the alleged attempt to cover up the Watergate burglary…” (2)
“It is expected to have a significant impact on the upcoming trials, tying in the President's remarks and meetings with aides in the Watergate matter as possible evidence in the case, rather than excluding them as merely comments of an outsider whose aides were conspiring.” (2)
Sources:
(1) https://www.nbcnews.com/politics/2020-election/merrick-garland-not-rule-prosecuting-trump-jan-6-rcna40092
Background:
https://definitions.uslegal.com/u/unindicted-co-conspirator/