As Alvin Bragg, the Manhattan district attorney, launches the first criminal prosecution of a former president,  the case against Donald Trump has raised new questions about holding the powerful accountable.  Media coverage of the prosecution has spawned a separate echo chamber of misinformation, often aimed at undermining democratic institutions. At Protect Democracy, Aaron Baird and Kristy Parker work to track threats to democracy and strengthen independent institutions. They shared their findings and tips informing journalists’ coverage of politically-charged events with NPF’s Paul Miller fellows [Transcript].

4 takeaways:

➀ Independent investigations can target politicians without political bias.

The Department of Justice is expected to serve as an apolitical law enforcement arm of the government, but it frequently investigates officials accused of wrongdoing, carrying “political ramifications,” Parker said. This can happen even if the subjects aren’t politicians, but that shouldn’t impact a prosecutor’s decision making, she said. Investigations are a healthy part of democratic governments. “Accountability for high-ranking people should be normal and proper in a society committed to constraining abuses of power and weeding out corruption,” Parker said. “We need to help categorically disprove and reject the premise that investigations that involve politicians or that might have political implications, are inherently politically motivated, or that they’re illegitimate or too complicated and fraught for the authorities to pursue.”

In a Protect Democracy report out May 9, Parker and other experts lay out questions to assess investigations, including:

• Does the publicly available evidence in the case meet those of federal criminal offenses?
• Have others been investigated or prosecuted for similar offenses on similar facts?
• Would it make sense for the Justice Department (or other prosecutor’s office) not to investigate or prosecute if the subject were anyone other than a high-ranking political actor?
• Have the president or other high-ranking political actors in the jurisdiction commented on the prosecution or attempted to interfere in it?
• Have institutions outside of the Justice Department or prosecutor’s office — grand juries, judges — upheld their actions?

Fact-checking claims with the evidence available is critical to holding all politicians accountable. “We have to ask and answer those hard questions to understand whether the tools designed to keep our democracy healthy are being weaponized for more authoritarian purposes,” Parker said.

➁ Strong democracies should be able to investigate former presidents.

The 2020 Supreme Court case Trump v. Vance held that the then-president was not immune from a criminal subpoena issued by Bragg’s predecessor, Cyrus Vance.  “The president serves the public, not him or herself,” Parker said.

➂ Authoritarianism is a clearly defined term, not just a buzzword.

“It’s an easy term to throw around and one that both sides like to use as a partisan jab,” Baird said. Authoritarian governments typically spread disinformation, centralize governmental power, silence dissent, target marginalized groups and incite violence, Baird said. Authoritarian governments also politicize independent institutions. “Healthy liberal democracies depend on institutions that can only work properly if they’re insulated from the sharpest edges of partisan politics,” Baird said. In contrast, pro-democracy political parties must “accept electoral defeat” and reject violence and extremism.

➃ Context is crucial while covering potential threats to democracy.

“In the moment, any single concerning event can be explained away,” Parker said. Newsrooms can provide critical context about what democracies typically look like so audiences understand societal trends earlier. “It’s important to cover the news and the facts, but make sure to cover the context that connects the dots to the bigger picture dangers. And then help readers understand the stakes,” Parker said. Baird pointed to examples of authoritarianism in Hungary and Poland. “Hopefully that context can help us all appreciate why it’s important to understand how, when and why autocrats around the world use courts of law and prosecutions for nefarious ends, and insulate themselves from the rule of law,” Baird said. “And why it matters in this unique moment for democracy here in America.”

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