New York Times columnist David French recently outlined a strategy that could prevent President Donald Trump from undermining the midterm elections.
In recent columns, French has sounded the alarm about "all of Trump's threats against American elections."
"Trump has filled his administration with cronies and true believers, and his attorney general is one of his chief enforcers. In 2020 Bill Barr, who was then the attorney general, resigned rather than continue to pursue Trump's stolen election claims," he noted on Sunday.
Writing on Thursday, French proposed pushing through the so-called Bivens Act, supported by Sen. Sheldon Whitehouse (D-RI) and Reps. Hank Johnson (D-GA) and Jamie Raskin (D-MA). If signed into law by the president, the legislation would remove federal officials' immunity from lawsuits.
"It would amend Section 1983 by stating that officials 'of the United States' can be held liable on the same basis as officials of any state," French wrote. "That's it. That's the bill. And it's worth shutting down the Department of Homeland Security to get it passed."
The law would also apply to violations of voting rights.
"In my law practice, I saw fear of liability deter many constitutional violations. College presidents have removed speech codes. Police departments have changed policies. And not because of criminal prosecution, but from fear of substantial monetary judgments or injunctions from the courts," French explained. "I'm aware that it will be difficult to get Republicans to agree to greater legal accountability when they control the executive branch, when Republicans would be most likely to be held accountable, at least in the short term. And they would have to do so in force here to get past a potential presidential veto."
"But the Bivens Act would also hold Democrats accountable when they're back in power," he added. "It would give Republicans tools to restrain Democratic excess. The Bivens Act protects the Constitution. It does not punish any particular political party."
"Yes, a corrupt president may pardon the crooks and cronies who act on his behalf, but a modest change in the law could give them pause. Violating civil rights should carry a profound cost, and the message to the Trump administration should be simple and clear: Protect the integrity of the election, or we will make you pay."
