Americans Deserve an Explanation on FBI’s Mar-a-Lago Search

The United States is a land of propositions. One of those propositions is that no man — not even the president — is above the law. Another proposition is that those who temporarily wield power must not use it to harass or disadvantage their political opponents. Occasionally, these propositions can come into tension. Monday night’s FBI search of Mar-a-Lago provides us with one of those occasions.

There is nothing wrong per se with the investigation or prosecution of political figures. Indeed, that the most powerful and popular people in the country may be held responsible for their crimes serves as the very definition of equality. But, because the perception of impropriety can be so damaging to the political order, the occupants of positions of power have a special obligation to tread lightly when dealing with their ideological opponents. The difference between a free republic and a banana republic is not whether the powerful can be held to account, but whether the powerful are held to account legitimately, in a manner that is not a transparent pretext for ulterior motives. Does the Department of Justice understand this? The jury is still out.