Andrew Weissmann We are in a unique moment in American history. There are currently four criminal investigations into the former president of the United States: two federal, one in Georgia, and one in New York. This novel situation has led to a debate not just in the walls of academe but amongst the citizenry as to whether prosecuting a former president will reduce our country to a so-called banana republic, or whether the very act of not prosecuting the former president would lead to that result. And just as important, how will Jack Smith, the designated Special Counsel in charge of the federal Trump investigations, weigh this issue in deciding whether or not to bring charges? Will the collateral consequences to the country be considered at all, and if so, which way will they cut, for or against prosecution?