Vice President Kamala Harris’ attempt to defuse “lock him up” chants aimed at Donald Trump during recent rallies might be an effort to avoid mirroring the rhetoric from Trump’s 2016 campaigns.
A more pragmatic reason for Harris’ restraint is her concern that any endorsement of such language could inadvertently complicate Trump’s ongoing federal criminal cases, including those related to the January 6th Capitol riot and election interference overseen by special counsel Jack Smith.
Should Harris win the presidency, Trump’s January 6th case—despite potential Supreme Court challenges—would continue to advance. As the sitting vice president from the administration overseeing the case, any remarks she makes could be used by Trump’s defense to argue that her comments are impeding his due process rights. This is akin to Trump’s own rhetoric about Hillary Clinton during the 2016 campaign.
At a Wisconsin rally this week, when chants of “lock him up” erupted, Harris responded, “We’re gonna let the courts handle that,” emphasizing the importance of defeating Trump in the election instead.
Harris, who has a background as a prosecutor, has been careful in her comments about Trump’s various legal battles, acknowledging the potential impact her statements could have on his cases. Her team includes Justice Department veterans, such as her brother-in-law Tony West and former Attorney General Eric Holder, to cross these sensitive issues.
However, Harris is less constrained when discussing state or local cases against Trump or those already resolved. She has drawn parallels between Trump and past wrongdoers she has faced, referencing issues such as sexual abuse, fraud, and campaign finance violations without directly addressing the January 6th case.
With her proximity to the January 6th events, Harris is expected to tread carefully in debates, particularly regarding Trump’s attempts to overturn the 2020 election. Additionally, discussions about Trump’s mishandling of classified documents may be limited, given ongoing legal complications.
The Justice Department traditionally maintains a cautious stance on commenting about ongoing cases to avoid influencing them. Harris’ campaign maintains that her focus remains on the November election, with a campaign official stating, “Vice President Harris has a simple message: there is one way to stop Donald Trump and his harmful Project 2025 agenda and it’s at the ballot box this November.”
In response, the Trump campaign criticized Harris and Biden, claiming their actions are an abuse of the justice system. Despite accusations from Trump and Republican lawmakers, the charges against him are pursued by an independent special counsel.
Similarly, another special counsel appointed during the Biden administration secured a conviction against Hunter Biden on gun charges, while a third investigated Biden’s handling of classified documents but did not pursue charges.