Should Trump be on the Ballot?

A raging controversy about Trump’s status fills the nation’s headlines and newscasts. Here’s a conversation about trump’s fate that I had with friend and colleague Charles Madigan.

Charlie: The 2024 Presidential campaign is already full of twists and turns about who should run, who shouldn't run, and who shouldn't be allowed to run. It's the last point that appeals to me.

A gathering of states has moved to keep Donald Trump's name off the ballot because, after all, he tried to overthrow the government to stay in office after he was defeated by Joe Biden and called on his army of goons to attack the capitol and maybe hang Vice President Mike Pence while they were at it.

The problem with keeping him off the ballot is that it gives the man the playing field he needs to enthuse his backers and continue throwing big globs of, um, I can't think of an acceptable word for it, at the populace. It used to be called flapdoodle, but that seems so innocent and understated.

The more he is forced to face the felonies he committed to stay in office, the more he will pump out that "Trump the victim" stuff that is so appealing to the people who just love him. Why they adore him would take a team of shrinks an eternity to figure out. But they do. I think the only way to get rid of him for real is to let him face the entire electorate and get his fat backside kicked. He needs to be on the ballot to do that. Jim?

photo by Jackie Hope

Jim: You're right, Charlie. In an ideal world, voters should decide the fate of Donald Trump. We don't live in a perfect world, though. Once again, the former president's machinations have placed voters in an unprecedented situation. Special prosecutor Jack Smith has given the Supreme Court a great opportunity to settle this issue. He has charged Trump with ninety-one felony counts of breaking the laws of the nation. Smith wants to put him on trial on March fourth well before voters pass cast ballots for the candidate they want in the White House. The former president claims he's immune from prosecution because the charges stem from "official" acts he took as president. However, I can't see how attempts to invalidate an election qualify as "official" acts. Smith has asked the U.S. Supreme Court to settle the matter and to schedule oral arguments early this year. The high court should rule quickly before the election heats up. Trump also should be tried soon so voters know before the elections whether a candidate for the nation's highest public office violated laws in our constitution, democracy's most sacred document. Until those charges are settled, he should not be on the ballot.

Being treated equally is a crucial principle of our democracy. The law says anyone who tries to overthrow the government should not hold high public office. That means me, you, and Donald Trump. He and his supporters must be shown that laws are not things they can obey when they feel like it. The rule of law should prevail. He should only be on the ballot once he and Jack Smith have their day in court.

Charlie: The law also says we are all innocent until proven guilty of a crime. We don't have that kind of conclusion about those ninety-one counts yet, and because it's so easy to get delays in our legal system, we aren't likely to have them by election day. Short of that, we are assuming he is guilty. Not yet, he isn't. He is charged a different thing. My problem here is not keeping Trump off ballots. He should spend the rest of his life in prison for what he has done, but not until he is convicted of crimes in a court of law.

Jim: I agree. Everyone also has the right to a speedy trial, though. There's no reason we can't have this trial by March fourth. There's plenty of evidence already on the public record about Trump's actions to suggest he should face the charges and be given his opportunity for self-defense. There are two principles here: the right to a speedy trial and the public's right to know. The public's right to know mandates that Trump should go on trial soon. He's had plenty of time to prepare a defense. Any claims to the contrary represent, once again, his efforts to weasel out a legal problem of his own making.

You strongly argue that an assumption of innocence applies to every American. But so does the right of voters to know if the candidate of a major political party is guilty or innocent of federal charges that border on treason. An election is not a trial. Justice and the rule of law demand that the courts clarify thorny legal issues and give American voters authoritative information on a candidate for the highest office in the land. Put him on trial, and then let's see whether he deserves to be on a ballot.

—James O’Shea and Charles Madigan

James O’Shea is a longtime Chicago author and journalist who now lives in North Carolina. He is the author of several books and is the former editor of the Los Angeles Times and managing editor of the Chicago Tribune. Follow Jim’s Five W’s Substack here.     

Charles Madigan is a writer and veteran foreign and national correspondent for UPI and the Chicago Tribune, where he also served as a senior writer and editor. He examines news reporting, politics and world events.