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After years of political division and the Democratsโ abuse of the justice system, President Trumpโs promise of โretributionโ has set the stage for a defining moment in American history. In 2016, Trump confronted a similarly delicate task of balancing retributive justice and national unity. After threatening to โlock her up,โ Trump famously declined to pursue charges against Hillary Clinton. He stated that such a move would be too divisive and did not โwant to hurt her.โ But now, with the stakes even higher, the demands for accountabilityโand perhaps retributionโhave grown louder and more urgent.
The challenge Trump faces lies in pursuing justice without weaponizing it, or even appearing to weaponize it. Accountability is essential to restoring public faith in our government, but it must be handled with fairness and restraint. As Trump himself recently clarified, retribution is not about vengeanceโit is about fairness and restoring integrity to institutions that many Americans rightly see as having betrayed their trust. To meet this challenge and complete the restoration of due justice, clemency must work in tandem with justice.
Trump and his Attorney General, Pam Bondi, must offer not only strict consequences for wrongdoing but also a path to rehabilitation to social and political life for those willing to admit fully their violations of the public trust.
Rebuilding trust begins with addressing the most egregious offensesโthose that strike at the foundation of the republic. Good faith is a part of justice that is explicitly mentioned in the presidential oath of office, perhaps because it is considered by the republican tradition, from Cicero to the Founding to the present moment, to be the very foundation of all justice. Good faith, bona fides, is the foundation stone Trump and Bondi should first seek to lay as they rebuild the house of American justice.
Perjury, a crime most affrontive to keeping faith with others, is a direct assault on the integrity of the justice system. When public officials or witnesses lie under oath, they undermine the rule of law, the faith citizens place in government, and, more specifically, U.S. Code Section 18. Trump and Bondi should especially focus on perjury crimes, for if sworn testimony cannot be trusted, our entire system collapses. Prosecuting perjury must be done carefully and decisively. Cases must be pursued where evidence is indisputable, not as a means of settling political scores but to restore confidence in the democratic process and repair relations among both political allies and opponents. The goal is justice, amity, concord, and peaceโnot revenge.
Equally important for Trump and Bondi to consider is the crucial role of clemency, which ought to come after justice. They must ignore Bidenโs terrible abuses of the pardon power, which granted clemency willy-nilly before any justice was done. Trump and Bondi must instead remember that clemency should not be mistaken for laxity or a concession to comfort and convenience. Rather, it is a powerful mechanism for rehabilitation and restoring civil peace.
Yet, clemency must come with conditions. It should be reserved for those who publicly admit their wrongdoing and accept responsibility. Such acts of public contrition signal a willingness to work within the nationโs moral framework. Clemency, when applied judiciously, strengthens the rule of law rather than undermines it. A justice system that complements justice with mercy reinforces fairness and second chances. The administration that can successfully blend the two will have some claim to establishing a golden age of justice.
Critics will undoubtedly accuse Trump of using the justice system as a tool for political gain. His strong rhetoric, particularly his talk of โretribution,โ risks being dismissed as little more than a call for revenge. To counter this perception, Trumpโs actions must be transparent, principled, and clearly focused on justice rather than personal vendettas. The rhetoric of his Second Inaugural Address showed good hope in this regard. Trump must prioritize clear, provable cases of wrongdoing and ensure that the process remains impartial. Accountability should not be shaped by political affiliation but by a commitment to restoring trust in the institutions that underpin democracy.
Stalinโs chief of secret police infamously said, โShow me the man, and Iโll show you the crime.โ Trump must tell AG Pam Bondi the opposite: โHere is the crime, perjury, now find the criminals who perjured themselves.โ That order of operation is crucial, especially when Democratic senators at Bondiโs confirmation hearing attempted to extract promises from her to leave off prosecuting Trumpโs political enemies, that is, their political allies. Justice must be blind, not looking with a lenient eye toward the Left, which is what the Democrats did under Biden and what the Democratic senators tried to bully Bondi into doing as well.
Trumpโs promise to be โretributionโ should not be seen as a threat but as a commitment to restoring fairness. His recent remarks suggest he understands the gravity of this responsibility. Retribution in Trumpโs framing is not about punishing enemies but about applying a standard of accountability that is equal for all.
This stands in stark contrast to the Biden Administrationโs handling of Hunter Bidenโs legal troubles, which has been widely criticized for its uneven application of justice. Selective enforcement and blanket pardons erode public trust and fuel partisan resentment. Trump has the opportunity to chart a different courseโone rooted in principles and devoid of favoritism.
Trumpโs leadership will face its greatest test yet in transitioning from fiery campaign rhetoric to the measured statesmanship required to rebuild trust in Americaโs institutions. His administration must set a tone of fairness and impartiality, demonstrating to the nation and the world that this is not about vengeance but about restoring the foundations of the republic.
This moment offers Trump the chance to define his legacy. By pursuing justice with integrity and extending clemency where it is deserved, he can restore faith in Americaโs institutions and show that accountability and unity are not mutually exclusive. Prosecution of serious offenses, paired with opportunities for rehabilitation, demonstrates a commitment to both justice and mercyโtwo pillars of a healthy republic.
Americaโs challenges demand leadership that rises above partisan squabbles. If Trump can embrace this approach, he has the potential to address past grievances while paving the way for a more just and united future. His success will depend on his ability to balance strictness with mercy, punishment with rehabilitation, and justice with peace. If he succeeds, Trump will not only fulfill his campaign promises but also strengthen the foundations of the republic for generations to come.
The post Justice and Clemency, in That Order appeared first on The American Mind.
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