If Donald Trump runs for president again in 2024, Robert Palmer, a 54-year-old Florida man, will remain in prison for assaulting US Capitol police officers during the January 6 insurrection.
Palmer, who was sentenced to 63 months, has received the longest sentence of the more than 150 defendants who have pleaded guilty to charges stemming from the assault on the US Capitol. He was just one of hundreds of Trump supporters rushing to enforce the law in an attempt to overturn a free and fair election.
After losing to Democrat Joe Biden in November 2020, Trump spent weeks promoting the lie that the election was stolen from him, culminating in the attack the following January.
Trump incited the riot that left five dead and dozens of law enforcement officers injured. But while countless people are facing the consequences of what they did that day, Trump has not done them yet.
Instead, in a darkly ironic twist, Palmer and many others will watch from behind bars if Trump launches his next presidential bid.
Punishments for insurrection have varied widely. Texas real estate agent Jenna Ryan, who said she would “definitely” not go to jail because she has blonde hair and white skin, was given 60 days. Paul Hodgkins, a Floridian, was sentenced to eight months in prison for entering the Senate chamber. Hundreds of people have been charged with various crimes, so more sentences for those charged are on the way. But a year later, it is increasingly likely that Trump will not be held accountable.
I have never heard this question from Democrats and seen tweets from large public interest groups: Why is Donald Trump not in prison?
The answer is simple: people like him rarely end up behind bars.
As his supporters languish, imprisoned, Trump’s inner circle will continue to conspire to finish destroying what remains of American democracy.
It seems that the worst thing that has happened to Trump as a result of the insurrection is that he has been banned from Twitter. Though it’s still early days, Trump is still leading among Republicans as a choice for the 2024 presidential nominee. And, more importantly, according to an AP/NORC poll, only 30% of Republicans believe the insurrection on Capitol Hill of the United States was “somewhat” violent, despite the multitude of videos showing how much violence occurred that day. Republican lawmakers are busy promoting the Big Lie that the 2020 election was stolen, keeping quiet out of a desire to keep their office, or, in Rep. Liz Cheney’s case, being ostracized for embracing reality.
This is how the criminal justice system really works in this country. Marginalized people, such as people of color, poor people, and religious and gender minorities, are more likely to be drawn into the system. Black people are more likely to receive life in prison and death sentences. Those with fewer resources often face harsher punishments due to insufficient advice. Meanwhile, whiter and wealthier people often receive more lenient sentences if charged.
Many of those facing charges over the insurrection await their day in court at the District of Columbia federal prison, known for its harsh conditions. Trump supporters see the insurgents as political prisoners, but nonetheless seem unconcerned about the conditions in which they are being held. Aside from a few camera-ready moments from Reps. Marjorie Taylor Greene (R-Ga.) and Matt Gaetz (R-Fla.), when he inexplicably linked horrific jail conditions to critical race theory, conservatives have lent scant attention to his actual state of incarceration. Instead, the Republican machine is working to change voting laws to get around that pesky problem of not having enough votes to win an election.
During his inaugural address, President Joe Biden promised to fight right-wing extremism, music to the ears of people who had just witnessed the horror of January 6. But of course that is easier said than done. Congress, for its part, has been involved in an investigation of the insurrection, and while many more details have come to light, it is unlikely to end in the jailing of the former president.
The issue at hand is that there is no precedent for this type of crisis. Before Trump, every outgoing president graciously accepted a loss and handed over power peacefully because that was simply the norm; it’s what all the presidents did before him. As a result, we are ill-equipped to handle rule breakers. I guess the Founding Fathers, loved as they are by many in America, forgot to write into the Constitution what to do when a president incites an insurrection.
It is important to remember that Trump going to jail would be a long way from solving the country’s current problem. A prison sentence may not even prevent him from running for president, and there are plenty of victors-in-training waiting in the wings who would be more than excited to carry the mantle.
The damage he and his ilk caused to our democracy is here to stay. It is better to embrace the obvious. Donald Trump will not go to jail. But at least he can’t tweet.
