We Must Defend Our Democratic Institutions—And We Can | Opinion

 

Following Donald Trump's election to the presidency, it became clear that many of us had misread the primary concerns of a significant number of Americans. The election results highlighted three central issues for voters: immigration, inflation, and inclusion.

This isn't to say Trump’s opponents failed to notice these issues; rather, we prioritized other concerns, which, although important, resonated less with the broader public. Yet, these priorities remain crucial, and we must not abandon them.

First, no American should be above the law. Trump incited an attack on the U.S. Capitol, an assault on democracy that resulted in injuries to over 140 police officers and as many as nine deaths. Despite this, he has yet to face accountability—a grave injustice that we must continue to call out. The rioters who breached the Capitol may evade prosecution or receive pardons. This is a dangerous precedent, and it demands the condemnation of all law-abiding citizens.

If Trump serves a second term, he should be given a fair opportunity to implement his policies; that’s democracy in action. However, we must remain vigilant against any abuse of power. Trump should not act lawlessly, disregarding Congress, the courts, or basic ethics in his governance. Those appointed under him should likewise uphold their oaths and refuse to compromise the law for political gain.

It's also crucial for Trump’s cabinet members and aides to understand that they do not possess the same immunity as the president. They may be civilly or criminally liable for illegal actions taken on Trump’s behalf, and any assumption that Trump’s pardon power will protect them could be misplaced. Upholding the law is paramount, regardless of presidential directives.

The recent election highlights that “democracy” as a concept may not have resonated with all voters, but democracy is fundamentally about fair elections. When Trump claims electoral fraud when he loses yet calls it a mandate when he wins, we must challenge this narrative. His actions around the Capitol attack and falsehoods about the 2020 election are deeply troubling and should be condemned by all who value democracy.

Trump’s alignment with authoritarian figures, like Russian President Vladimir Putin, should also give us pause about his commitment to democratic principles. His lack of support for Ukraine’s fight for independence threatens global stability and must be met with vocal opposition from Americans who understand the stakes.

Many of us favored bipartisan efforts to strengthen border security, but we do not support forcibly detaining millions in inhumane conditions. Such actions are contrary to American values, and those who backed Trump should stand against this as well.

Finally, we believe character counts. Our military academies have honor codes prohibiting lying, cheating, and stealing—values that we should expect from any president. Trump’s dishonesty in business, his attempts to undermine the 2020 election, and his untruthfulness in office are serious breaches. Over the next four years, we should hold him to the highest standard of integrity.

Honesty is essential. While occasional misstatements are not unique to Trump, his disregard for truth on issues of national security and public health is particularly alarming. Americans must call out lies and not allow the blame for governmental failures to fall solely on so-called “enemies.”

The election is over, but the fight to protect the integrity of our institutions continues.

*Thomas G. Moukawsher is a former Connecticut complex litigation judge, co-chair of the American Bar Association Committee on Employee Benefits, and author of* *The Common Flaw: Needless Complexity in the Courts and 50 Ways to Reduce It.*