NYT Editorial Says Prosecuting Trump 'First Step' to End Democracy 'Crisis'

The New York Times said Donald Trump must face prosecution over his "unprecedented assault" on American democracy to show that no one is "above the law."

In an editorial published on Friday, the Times suggested that it is vital that the former president be criminally investigated over his attempts to overturn the 2020 election results, including a plot to install fake electoral officials in a number of key states, before he "roused an armed mob" to storm the Capitol on January 6.

The paper's editorial board said that while "no one should revel" in the prospect of a former president facing criminal prosecution, Trump's actions have "brought shame on one of the world's oldest democracies and destabilized its future."

"Even justice before the law will not erase that stain. Nor will prosecuting Mr. Trump fix the structural problems that led to the greatest crisis in American democracy since the Civil War. But it is a necessary first step toward doing so," the board wrote.

The editorial was published following increased speculation on whether Trump may become the first president in U.S. history to be charged with a crime.

Not only did the House Select Committee investigating the January attack present several days of evidence detailing Trump's apparent criminal behavior, the FBI recently raided his Mar-a-Lago resort in Florida as part of an investigation into whether the former president illegally removed classified records from the White House when he left office in January 2021.

A federal judge ordered that a redacted version of the affidavit used to obtain a warrant to search Trump's Florida home must be unsealed by noon on Friday.

Trump has frequently denied all wrongdoing and still falsely claims the last election was "stolen" from him. Trump has also said that a number of investigations and probes into him are "witch hunts."

The Times' editorial board added that while the unprecedented step of prosecuting Trump may "further entrench support for him and play into the conspiracy theories he has sought to stoke"—or even result in violence and civil unrest—failing to do so would have greater implications.

"Aside from letting Mr. Trump escape punishment, doing nothing to hold him accountable for his actions in the months leading up to Jan. 6 could set an irresistible precedent for future presidents," the board said.

"Why not attempt to stay in power by any means necessary or use the power of the office to enrich oneself or punish one's enemies, knowing that the law does not apply to presidents in or out of office?"

"Mr. Trump's actions as a public official, like no others since the Civil War, attacked the heart of our system of government," the editorial continued. "He used the power of his office to subvert the rule of law. If we hesitate to call those actions and their perpetrator criminal, then we are saying he is above the law and giving license to future presidents to do whatever they want."

The Department of Justice and Attorney General Merrick Garland have not said whether they intend to charge Trump with any crime.

In late July, it was reported that the DOJ has been asking witnesses in front of a special grand jury about Trump's attempt to overturn the election, in what was the first indication the agency has started to focus on the former president.

Newsweek has reached out to Trump for comment.