The indictment of a former president

4th April 2023

It would not matter if it were Jimmy Carter or George Bush, Barack Obama or Bill Clinton, Joe Biden or Donald Trump: the fact that a former or sitting president can be indicted, and so thereby is not above or outside the law, is significant.

This is not a partisan point, but a constitutionalist point.

It could be (say) Clinton, but it is Trump.

From a constitutionalist perspective, it does not matter who it is.

But it shows that no president – former or serving – is above the law.

This is a huge moment.

It may well be that Trump is not convicted of the charges against him.

To the extent the charges require proof of dishonesty, that may be difficult to show.

And Trump has spent his business and political careers gaming and manipulating process and leverages.

It is thereby more likely than not that Trump will not get convicted – especially as he now has, as a defendant, due process and constitutional protections on his side.

But.

The fact that it can be shown that he – or any other former president – can be nonetheless subjected to the normal process of law (whatever the outcome) is momentous.

Today is a big day.

It is huge – even if he is acquitted.

Huge.

***

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17 thoughts on “The indictment of a former president”

  1. I am not sure I agree. It was established, at least in principle, that no president is above the law. I agree that this prosecution moves that from a theoretical to a practical possibility. But failure to land a conviction makes this prosecution look partisan which, to an extent it is. And on that basis it opens up a new front in the increasingly negative US political wars which are in danger of moving from impeachment to direct prosecution. I am no Trump fan but this is in danger of leading to exactly the same methods being used against Democrat president and presidential candiduates.
    We are also stuck with the side point that prosecution does not, on its own, disbar Trump from the presidency and, by his calculation at least, simply motivates his base and encourages contributions.
    While politics and law do not mix so much in the UK they are inextricably intertwined in the US and a “constitutional” victory is not necessarily a political one

    1. A comment that begins “I am not sure” usually ends up with the commenter being very sure indeed.

      1. Touché. The real issue here is that when threatened with impeachment or prosecution previous presidents and presidential candidates have resigned or removed themselves from the contest. Trump is determined not to and will push this as far as he can. It does not serve the US constitution well to have these points litigated all the way to their highest courts

      2. Touché!
        The argument that all this mitigates his base and makes him the Rep candidate is massively overblown. The non-trumpistas are turned off by the almost incoherent ranting. Most sane Reps blame Trump and people like MJT for the Congressional elections setbacks – a sure thing turned into a meagre House majority and a lost Senate.

  2. When speaking of the likelihood of conviction in the US, it’s remiss not to mention the effect of the relatively massive funds at his disposal. Like it or not, it makes a big difference, particularly if, like Trump, you have shown in the past a strong inclination to game the justice system.

    The same can be said of the UK, where other biases such as class, social status and position, perhaps less evident in the US, are still very much in evidence. Consider, for example, the Thorpe trial for attempted murder in the 1970s.

    While living in Canada in the 1980s, a poll was published in which, unsurprisingly, a large majority of Canadians thought that the criminal justice system substantially favoured the rich. In another question, a similarly large number of respondents also thought that the criminal justice system was substantially fair. Make of that what you will.

  3. “I look very much forward to showing my financials, because they are huge.” TIME, 14/4/11

  4. I hope the fact that the Grand Jury decided to proceed indicates there’s a fair chance he’ll be found guilty. At least a possibility.

    I hate the fact that we have to be confronted with yet more T***p news reports as if for eternity. I wish he would vanish.

  5. Difficult even to imagine something similar in the UK. As in, literally, difficult to imagine.

    Sometimes imagination, and its limits, can tell us something about the real world.

    1. Well, up to a point, m’lud.
      Johnson? Under the cosh-admittedly a different form of trial – and he too would game the system. Been doing it all his life. Please go away, ex-PM.

      1. My worry is that the collection of low level business charges, which might conceal other transgressions but might not, will not stick. That could make other, more serious, charges against Trump harder to bring.

        His very aggressive attacks on prosecuters are appalling but work because of he can portray them as politically motivated.

  6. I am heartened by this post – as is the case with many other articles you write. The world can seem so grim …..

  7. He looked dumbstruck. Nobody held the door open for him as he walked to the courtroom. The photo in the court was also revealing.

    This is just the first of many cases and probably the least serious. It will run and run probably beyond the next election.

    He may well be the candidate but can he win? It seems beyond belief with all this in the background that is even possible. Maybe stranger things have happened in the USA but I can’t think of one.

  8. Bigly amusing and a constitutional marvel. But I wonder what will come of this showboat, what will we think say two years down the road when the marching band has (I hope) moved on.

    Will the expenditure on printer ink and data bits and bytes have enriched society or merely kept a few scribblers in work for a year or two. Maybe this case will keep a few turnscrews in a job and Mr Trump out the limelight for a while. Or he may walk from court triumphant, who knows.

    But, Mr Trump is a phenomenon. The apex of vulgarity and everything that makes nice middle class types shudder. He seems to unite the self interest of the top 1% and attracts the rednecks as well. Intriguing because that which boosts the 1% tends to screw over the rednecks. Trump is the one ring that binds them all. I doubt this case will quench America’s Bane.

    1. “everything that makes nice middle class types shudder.” I’m sure it makes nice – or even nasty – working class types shudder too!

  9. Agreeing with others on here that I wish Trump, Johnson, Braverman, Putin and all would just disappear, or be consumed by cute baby dragons.

  10. What will be interesting will be if he has to admit to the Stormy affair, something he has managed to fend off or deny till now. His hard core won’t care but the all important centre of both Reps and voters will. Who knows, the christian right might even have doubts.

    The judge might grant a dismissal but Trump is well into hurtling abuse at him and his family so….

    More interesting, the Georgia and secret papers cases seem to be close to indictment time.

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