Prosecuting Politicians

Abstract This paper examines the argument that prosecutors should consider public perceptions when deciding to prosecute political figures. This was a popular argument marshalled to criticize the many prosecutions of former and current United States president Donald J. Trump. Using the tools of analytic philosophy, I construct what I think is the most compelling version of this argument. The argument is not obviously wrong but does encounter problems. I raise what I think are two decisive objections against it. I conclude that prosecutors need not worry about perceptions of political motivation when deciding to charge political figures.

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Publication Details

Journal
Res Publica
Published
2025-10-03
DOI
https://doi.org/10.1007/s11158-025-09739-6
Primary Topic
Political Philosophy and Ethics
Type
article
Field-Weighted Citation Impact
0.00
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article

Prosecuting Politicians

Brian Kogelmann
Res Publica
Political Philosophy and Ethics
article

Prosecuting Politicians

Brian Kogelmann
article en

Abstract

Abstract This paper examines the argument that prosecutors should consider public perceptions when deciding to prosecute political figures. This was a popular argument marshalled to criticize the many prosecutions of former and current United States president Donald J. Trump. Using the tools of analytic philosophy, I construct what I think is the most compelling version of this argument. The argument is not obviously wrong but does encounter problems. I raise what I think are two decisive objections against it. I conclude that prosecutors need not worry about perceptions of political motivation when deciding to charge political figures.

Res Publica
Purdue University West Lafayette (US)
Openalex Percentile: Top 68%
Political Philosophy and Ethics
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