https://www.justsecurity.org/80308/united-states-v-donald-trump-model-prosecution-memo/
VI. CONCLUDING THOUGHTS
A final factor would need to be considered that is absent in most cases – whether the country would be best served by a criminal prosecution. On the one hand, as discussed above, a substantial federal interest is served by prosecuting a leader who attempted to overturn an election. On the other hand, criminal charges against Trump could have a dangerously divisive effect on the country. Trump’s unrelenting rhetoric about a stolen election no doubt contributed to the violent response that occurred on Jan. 6. DOJ would need to consider the backlash that would likely follow the filing of criminal charges against him. Violent protests and civil unrest should be expected. We might even anticipate loss of life.
The other potential negative consequence that would need to be considered would be an acquittal. If Trump were charged and acquitted at trial, then he and his violent extremist followers would be emboldened. A sober and clear-eyed assessment of prosecution must consider that charging Trump criminally could have profoundly negative consequences for our country.
The only thing worse would be not charging him.
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