Daily Herald opinion: The foundation of our legal system stands above the politics of Trump's legal issues
It is impossible, unfortunately, to separate politics from the federal indictment of former President Donald Trump on 37 felony counts accusing him of mishandling sensitive intelligence documents.
The former president and his supporters have made that clear from the start of all the various investigations involving him and were quick to revive the claims of "political witch hunt" almost before Justice Department Special Counsel Jack Smith had completed a 350-word public statement describing the indictments and the justification for them. Likewise, Trump's political detractors - from self-styled social media pundits to late night television comedians and commentators - have been just as quick to assign Trump's guilt and demand that he be "held accountable."
But the strength of the American justice system is that it stands above ridicule, above conjecture and above satire. It follows clear, transparent and strict rules of evidence and gives defendants strong protections and rights in disputing that evidence and interpretations of it. Within the confines of the courtroom, the character of the accusations is neither Republican nor Democrat. Their validity will be open to close scrutiny and argument by accusers and accused alike, and a jury that both sides participated in selecting will issue final judgment.
This foundation cannot be overstated and, whatever our political differences, must be the starting point for all the myriad public debates that are likely to continue well into next year's election campaign and beyond. It includes two particularly inviolable philosophical underpinnings: that no one is above the law and that all defendants are innocent until proven otherwise in court.
Like the Stormy Daniels case brought against Trump in New York earlier this year - and perhaps others on issues that may be yet to come in Georgia and elsewhere - the accusations against the former president are all tainted by politics, but must be evaluated from the point of view of the law.
And, of course, the point of view of our national interest and national security.
In his brief statement, Smith made clear the importance of the issues at stake in this case.
"Our laws that protect national defense information are critical to the safety and security of the United States, and they must be enforced," Smith said. "Violations of those laws put our country at risk. Adherence to the rule of law is a bedrock principle of the Department of Justice, and our nation's commitment to the rule of law sets an example for the world."
As yet, violations of our laws by Trump are alleged only. They are far from proven. But ignoring or diminishing the allegations discredits the "bedrock principle" of justice that all Americans ought to hold dear.
We noted in a commentary following the Stormy Daniels indictment that Trump's legal cases pose a stress test for our democracy and for our justice system, and we asserted, as we do now, that our nation and our institutions are strong enough to pass it. But it bears observing that that strength is formed not by our political preferences or personal loyalties but by our adherence to values of justice forged over the course of nearly 250 years.
It is natural that we will all evaluate the proceedings and the evidence in the cases against Trump according to our own individual consciences and prejudices. But let's never allow those personal factors to weaken our resolve to see and hear the evidence, then let history and our justice system provide the final arbitration.