Under Donald Trump s theory of the case, Nikki Haley should already be on her way to jail.

For months, the coup-attempting former president has claimed that President Joe Biden has been orchestrating the multiple criminal investigations of Trump because Biden fears facing his leading opponent in next autumns election.

But if Trumps claim was accurate, the Department of Justice and state prosecutors in Georgia and New York should be going after Haley, not Trump.

Recent polls of hypothetical 2024 matchups show that the former South Carolina governor and, more recently, Trumps ambassador to the United Nations presents Biden a tougher challenge than Trump . In fact, of the GOP candidates tested against Biden, Trump polls the worst.

Its clear if the GOP nominates anyone other than Trump, the race will be a referendum on Biden, and the GOP nominee will win going away, said Henry Barbour, a Republican National Committee member from Mississippi. If we nominate Trump, the race will be a referendum on Trump and give Biden his best chance at remaining in power.

Trumps staff did not respond to HuffPost queries as to why Biden had failed to open criminal probes into Haley or, for that matter, against Florida Gov. Ron DeSantis back when he was actually ahead of Trump in Republican primary polls.

Longtime Democratic consultant David Axelrod had a simple explanation as to why there is no investigation into Haley: She apparently hasnt broken the law!