House Speaker Mike Johnson (R-La.) warned at a Faith and Freedom Coalition conference that a Democratic midterm victory would trigger investigations into President Trump’s family, cabinet, donors, and close allies. Johnson is correct that there is ample cause for scrutiny, but the question remains: what form should accountability take?
Literary critic Harold Bloom once described Trump as “pulp fiction breaking into life,” and many now see civil litigation as the most viable remedy after Trump leaves office. Last year, Trump amassed over $2 billion, more than half from crypto, even as his administration dismantled the primary regulator of that industry. The president is exempt from federal conflict-of-interest laws, but other executive officials and their affiliates are not—though enforcement has been lax.
Trump’s sons are poised to profit from a billion-dollar tungsten mining venture in Kazakhstan, backed by up to $1.6 billion in federal financing. Commerce Secretary Howard Lutnick and his sons are also involved. Meanwhile, Donald Trump Jr. serves as a consultant and board member for GrabAGun, an online firearms retailer. The administration has proposed regulatory changes that would allow handguns to be shipped directly to consumers, a move that could enrich Trump Jr. A White House official insists the changes are about Second Amendment protections, not his son’s business interests—a claim met with skepticism.
Jared Kushner, Trump’s son-in-law, has purchased an island in Albania for resort development. Albania, which refuses extradition for “political offenses” and granted citizenship to indicted former New York City Mayor Eric Adams, may not shield Kushner from civil suits. Local sentiment has already turned against his presence.
Even if Democrats retake Congress this November, impeachment remains off the table due to the two-thirds Senate majority required for conviction. A Democratic White House in 2028 is unlikely to pursue criminal prosecutions, as Trump is expected to pardon allies—and possibly himself—on his way out. While constitutional scholars argue a self-pardon violates the principle that “no man can be the judge of his own cause,” the Supreme Court’s recent trajectory, including its narrow upholding of birthright citizenship, leaves room for doubt.
Civil remedies, however, lie beyond the scope of presidential pardons. The nation is weary of prosecuting former leaders, a practice that evokes comparisons to Brazil or Argentina. Yet the corruption left in Trump’s wake—rampant graft, stifled scientific research, and deregulation empowered by the Supreme Court’s ruling that presidents can fire independent agency heads—demands redress. The media landscape has become increasingly state-controlled, undermining the Founding Fathers’ vision of a press serving the governed.
Supreme Court decisions on voting rights have weakened the principle of one person, one vote. Proving racial gerrymandering now requires demonstrating intent to discriminate, a near-impossible bar despite clear discriminatory outcomes. The 2020 election, baselessly claimed as rigged, is being reinvestigated at significant public cost.
An independent Justice Department could pursue civil actions against those who profited from improper influence or inside information tied to Trump’s government relationships. This could recover billions, similar to the clawback in the Bernie Madoff bankruptcy, where profits from defrauded clients were reclaimed. Equitable principles of restitution, unjust enrichment, and disgorgement, along with punitive damages, could provide a measure of justice.
As political battles continue, including Trump’s demand that Gulf states pay for Hormuz protection and Fed Chair Warsh facing House grilling over Iran war impacts, the focus on accountability remains. Civil suits may be the only path to hold wrongdoers accountable without repeating the cycle of political prosecution.
