The historic indictment of former President Donald Trump, which includes 31 counts alleging violations of the Espionage Act, presents a crossroads. Republicans, including my colleagues in the House, can either perpetuate the former president’s lies about this investigation, effectively taking a wrecking ball to the rule of law, or they can join Democrats in condemning flagrant lawlessness that risks our nation’s secrets, war plans and the lives of our troops.
If they embrace the former, we will see more political violence, potentially of the magnitude we saw on Jan. 6, 2021. If they choose the latter, they give our country what may be its last best chance to escape the vitriolic vortex the former president has sucked us into over the past eight years.
Now is the time for my Republican colleagues to make that choice.
It is also curious that many of my MAGA Republican colleagues are offering Trump defenses he does not even use himself.
In America, we settle our political scores with voting, not violence. Time and again, though, Donald Trump has fomented terror as his rhetorical weapon of choice when confronting a threat to his political livelihood. From speaking about the “very fine people on both sides” of the white nationalist march in Charlottesville in 2017, to threatening to unleash the military on Black Lives Matter protesters, this finally culminated with numerous calls to prevent the peaceful transition of power, which resulted in the attack on the Capitol two years ago.
But perhaps even more disturbing are my MAGA Republican colleagues, who continue to cheer on a violent response, proving again their loyalties are not to the country, nor to the Constitution, and certainly not to our law enforcement agents doing their jobs. Instead, their mandate is chillingly simple — keep Trump in power no matter the cost to this nation.
Look no further than Rep. Andy Biggs, R-Ariz., who reacted to the news of Trump’s indictment by tweeting, “We have now reached a war phase. Eye for an eye.” Kimberly Guilfoyle, Donald Trump Jr.’s fiancé, posted on Instagram that “retribution is coming.” Rep. Clay Higgins called the indictment a “perimeter probe from the oppressors” and urged supporters to “buckle up.” And, at a Republican state party convention in Georgia, failed Arizona gubernatorial candidate Kari Lake issued this warning, “if you want to get to President Trump, you are going to have to go through me, and you are going to have to go through 75 million Americans just like me. And I’m going to tell you, most of us are card carrying members of the N.R.A.”
It is also curious that many of my MAGA Republican colleagues are offering Trump defenses he does not even use himself. Republican Judiciary Committee Chair Jim Jordan declared that the former president “declassified all this” and “I go on the president’s word.” Speaker of the House Kevin McCarthy suggests that, even if Trump did break the law, prosecuting him would be a “dark day for America.”
Trump’s excuse, by contrast, is surprisingly rudimentary: If I do it, it is legal. And because I took the documents, that must also be legal.
Unless you are in a cult, this is not a close call. In fact, he has already admitted that he took the documents that the Justice Department alleges! When CNN’s Kaitlin Collins asked Trump at a town hall last month if he showed the documents to anyone, the former president replied, “I have no classified documents. And, by the way, they become automatically declassified when I took them.” Trump is not wasting time with legal mumbo jumbo to defend his conduct. He believes he is a king and therefore has a right to do whatever he wants. It is also baffling that any member of Congress would attack the Justice Department for seeking return of unsecured classified documents. What possible alternative existed? Allowing Trump to keep top secret materials and run Mar-a-Lago like a Barnes & Noble where any visitor could browse America’s nuclear secrets? It is preposterous to suggest there was any other course than the one the Justice Department pursued. Here is the bottom line: According to the indictment, the former president and likely Republican presidential nominee stole top secret documents, shared their contents with numerous people who had no business seeing them, and when asked to give them back, lied and directed others to lie so he could keep them. Unless you are in a cult, this is not a close call. The court will now look at each element of the laws he is being accused of breaking. But in the court of public opinion, Trump will continue demanding Republicans look the other way. If that was all, we might be fine as a country. But in their blind defense, too many are inciting violence in Trump’s name. Our country may not withstand another violent attack on democracy and the rule of law. Our last best chance is unity. Now is an opportunity for responsible Republican leaders to join Democrats and denounce Trump’s crimes. No single person is worth sacrificing nearly 270 years of values. Certainly not Donald Trump.
Rep. Eric Swalwell
Rep. Eric Swalwell represents California’s 14th congressional district in the House of Representatives. 
