Trump’s personal role in election plot under scrutiny
Pence aides questioned about former president as criminal investigation into Capitol riot intensifies
DONALD TRUMP’S role in efforts to overturn the 2020 US election is being investigated by prosecutors, indicating a criminal inquiry into the plot is entering an aggressive new phase.
The disclosure has renewed speculation that the Justice Department is considering pursuing criminal charges against the former president, which is unprecedented in US history.
Prosecutors have been questioning some of the Trump administration’s senior aides about conversations involving Mr Trump before a federal grand jury, sources told The Washington Post. In recent days, they have questioned two of former vice-president Mike Pence’s top aides about plans involving Mr Trump to replace election results in key states won by Joe Biden in 2020.
Mr Pence’s chief of staff, Marc Short, and his legal counsel, Greg Jacob, have both appeared before the grand jury, according to the newspaper.
They have also asked about Mr Trump in connection with the attack on the US Capitol on Jan 6 last year by a mob of his supporters who sought to halt certification of Mr Biden’s win.
Much of Mr Trump’s role in those efforts has already been outlined in live television hearings broadcast to millions by the congressional committee investigating the attack.
That investigation is separate to the inquiry being conducted by the Justice Department, which, unlike the congressional committee, has the power to criminally charge those involved in Jan 6. The development does not mean the Justice Department has opened a criminal investigation into Mr Trump personally – a decision which could plunge the US into a new level of political acrimony – but the scrutiny of the former president’s actions does suggest that the public pace of the inquiry has increased, and has moved into a more aggressive and politically fraught phase.
A criminal investigation into Mr Trump would have to navigate uncharted territory, including complex questions around the free speech protections afforded to political activity.
There are also concerns among Democrats that mounting a criminal prosecution against Mr Trump could appear as an abuse of power against a political opponent or threaten the tradition of a peaceful transfer of power.
No former US president has ever been charged with a crime, despite investigations into two previous presidents – Richard Nixon and Bill Clinton – previously finding evidence of potential criminal conduct.
In the case of Mr Clinton, prosecutors and later administrations opted against pursuing a prosecution which could appear overtly political.
Mr Nixon received a presidential pardon after leaving office intended to grant him immunity from prosecution.
Merrick Garland, the US attorney general, has suggested he will not shy away from such a momentous decision, vowing to “pursue justice without fear or favour”.
Separately, yesterday Joe Biden said he was “feeling great” as he emerged from his Covid-19 isolation.
The White House said that despite testing negative, the president will continue to wear a face mask when in proximity to others in the coming days.
Mr Biden urged Americans to consider wearing masks in crowded indoor spaces as a new wave of the omicron BA.5 subvariant sweeps the country.