“Prosecuting current or past top officials accused of illegal conduct seems like an obvious decision for a democracy – everyone should be held accountable and subject to the rule of law,” James D. Long, Morgan Wack, and Victor Menaldo of the University of Washington's political science department cautioned in 2022. “But there are consequences to prosecutions of these officials – not just for them, but for their countries…. If the prosecution of past leaders is brought by a political rival, it can lead to a cycle of prosecutorial retaliation.”
I expect we’re going to see exactly that in the U.S. It’s a regular feature of some other countries’ political systems. Costa Rica, for example, more or less offers prosecutions as parting gifts to its former heads of state. It’s still a lovely country. And the bananas there are delicious.
An unstable political system in which laws and regulations are weaponized by the powerful against opponents isn’t the end of the world. But it delegitimizes the system, turns courtroom proceedings into an expected part of the election process, and poses serious legal dangers for dissenters.
By no means are all Americans sympathetic to the GOP. But we may all be banana republicans now.
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