The indictment of former President Donald Trump may end up being an indictment of America’s criminal justice system as well. The Founders were acutely aware of the many ways in which criminal law can be abused by those in positions of power, from being wielded as a tool of political payback and oppression — as many see the various criminal investigations against former President Trump — to our wildly overcriminalized society in which most adults have committed crimes for which they could, in theory, be prosecuted.

Unlike Donald Trump, however, most Americans lack the resources to vigorously defend themselves in court. They thus end up being induced—and in some cases nakedly coerced—by prosecutors into waving their right to trial. Instead, as is the case with more than 90 percent of criminal defendants in our system today, they end up pleading guilty.

It is difficult to imagine a more shocking affront to the Constitution’s plan for limited government and the rule of law, and if America’s criminal justice system goes on trial along with Donald Trump, then perhaps there may be a silver lining to what many see as an inherently politicized prosecution by the Manhattan District Attorney.