[u crank]

Monday’s unannounced Federal Bureau of Investigation search of Donald Trump’s Mar-a-Lago home isn’t a moment for anyone to cheer. The Justice Department is unleashing political furies it can’t control and may not understand, and the risks for the department and the country are as great as they are for Mr. Trump.

https://www.wsj.com/articles/the-fbi...hare_permalink

On the public evidence so far, a Jan. 6 indictment would be a legal stretch. Political responsibility isn’t the same as criminal liability. In our view, the evidence would have to show that Mr. Trump was criminally complicit in that day’s violence at the Capitol.

Given its inherently political nature, the burden of proof is especially high for indicting a former President, all the more so for an Administration of the opposition party. The evidence had better be overwhelming—not merely enough to convince a 12-person jury in the District of Columbia, but enough to convince a majority of the American public.

Anyone who thinks an indictment and trial of Mr. Trump would go smoothly is in for a rude surprise. Millions of his supporters will see this as vindication of his charges against the “deep state,” and who knows how they will respond. Has Mr. Garland considered all of this?

Worse in the long term is the precedent being set and the payback it is likely to inspire. Once the Rubicon of prosecuting a former President has been crossed—especially if the alleged offense and evidence are less than compelling—every future President will be a target. William Barr, Mr. Trump’s second AG, wisely resisted pressure to indict political actors without a very strong case. The next Republican AG will not be as scrupulous.