While Democrats in Congress are at loggerheads over whether to begin impeachment proceedings against Donald Trump, Democrats on the campaign trail have been less constrained in their opinion that the president has committed crimes—and should be charged as soon as he is out of office. Jumping on the Lock Him Up bandwagon is California senator Kamala Harris, who told the NPR Politics Podcast in an interview that aired Wednesday that the Department of Justice would have “no choice” but to prosecute Trump once he is no longer president.

“I believe that they would have no choice and that they should, yes,” the former California attorney general said, outlining episodes of apparent obstruction of justice described in the Mueller report. The special counsel declined to recommend charges against Trump, citing Justice Department guidelines. But, Harris said, the Justice Department should not hesitate to charge a former president. “The facts and the evidence will take the process where it leads,” she said. “I do believe that we should believe Bob Mueller when he tells us essentially that the only reason an indictment was not returned is because of a memo in the Department of Justice that suggests you cannot indict a sitting president. But I’ve seen prosecution of cases on much less evidence.”

So far, 11 presidential candidates have called for impeachment, but Harris is now the second major candidate to call for his prosecution. The first, naturally, was Elizabeth Warren, who released a policy proposal that would allow the DOJ to indict a sitting president. Warren has also suggested that Trump could be charged after he leaves office, saying in a recent CNN town hall that “if any other human being in this country had done what’s documented in the Mueller report, they would be arrested and put in jail.”

All of which is incentive for Trump to ensure that he holds on to the presidency (and his Republican majority in the Senate) for as long as possible. Maggie Haberman has reported that some White House advisers believe one impetus for the president running again is to delay his criminal exposure to the Southern District of New York. Harris is almost surely bluffing, trying to gin up media attention, by threatening to sic the DOJ on Citizen Trump. In reality, it’s hard to imagine any Democratic president pushing for the prosecution of a political enemy, no matter how deserved. Democrats—even Democrats who have been radicalized in opposition to Trump—just don’t roll like that. But federal district courts such as SDNY or state prosecutors like New York Attorney General Letitia James are another matter.

Trump couldn’t be pardoned by a Republican president if he is convicted of state charges in New York, where investigators are already digging into potential financial malfeasance related to the Trump Organization and defunct Trump Foundation. James, who has called Trump an “illegitimate president,” has already issued subpoenas for information about Trump’s local businesses, and has the power to dissolve the Trump Organization. The SDNY itself has launched inquiries into Trump’s inauguration committee and alleged hush-money payments to Stormy Daniels.

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