Indicting Trump: Politics or Justice Served?

A Manhattan grand jury has indicted Donald Trump on charges related to hush money payments made during the 2016 presidential campaign. This is the first time in U.S. history that a sitting or former president has been charged with a crime. The indictment was lodged under seal and will be made public within the next few days. Three "catch and kill" allegations involving the suppression of negative stories are included in the indictment.

The indictment comprises 34 criminal counts relating to payments for silence made prior to the 2016 presidential election. The indictment alleges 34 counts of first-degree felony falsification of business records, each carrying a maximum sentence of four years in prison. Additionally, the indictment contains a $30,000 payment to a Trump Tower doorman who claimed the former president had an illegitimate child.

As he campaigns for re-election in 2024, Trump confronts a number of investigations, including a criminal probe into the discovery of top-secret documents at his Florida estate.

Background

An indictment is a formal accusation or allegation of a crime against a person. In the American legal system, a grand jury is a group of citizens convened by a court to investigate a crime and determine whether sufficient evidence exists to press charges against an individual. If the grand jury concludes sufficient evidence, it will issue an indictment, initiating the criminal trial procedure.

Mr. Trump is the subject of three additional and distinct investigations: his management of classified documents, allegations of election meddling in Georgia, and his role in the Capitol riot on January 6, 2021. Trump's team is reportedly more concerned about the Mar-a-Lago classified documents case and the Georgia elections investigation than his indictment.

Another possible offence is tax fraud. In 2020, The New York Times published an explosive report revealing that Trump paid little to no federal income tax for several years and was under investigation by the Manhattan District Attorney's office for potential tax fraud. This investigation is ongoing, and if Trump is indicted for tax fraud, it could have serious legal and financial consequences for him.

Analysis

If Trump were to be indicted, it would be a momentous occasion for the United States, as no incumbent or former president has ever been charged with a crime. However, this does not imply that no other world leaders have faced similar accusations. Former Brazilian President Luiz Inácio Lula da Silva, also known as Lula, is one of the most prominent examples. He was convicted of corruption and money trafficking in 2017 and sentenced to nearly ten years. Lula was able to appeal his conviction and was ultimately released from prison, but the charges tainted his reputation and political legacy, nonetheless.

Another example is the former South Korean President Park Geun-hye, who was impeached in 2016 and subsequently convicted of bribery, abuse of power, and coercion. She was given a 24-year prison sentence and fined billions of won. This case was significant for South Korea because it highlighted the country's ongoing struggle with corruption and the authority of the chaebols, which have a significant impact on the economy and politics of the country.

Prime Minister Benjamin Netanyahu of Israel also stands indicted for fraud, bribery and breach of trust along with his wife. Many allege that his current efforts to impose the writ of the legislature upon the judiciary has its root in his fear of being imprisoned.

These instances demonstrate that even high-ranking officials are not exempt from the law and can be held accountable for their actions. However, the prospective indictment of Trump would have far-reaching consequences, not only for him personally but also for American politics as a whole.

The ramifications of Trump's indictment are still developing, and it is too soon to predict what will occur next. The three additional and distinct investigations (classified documents, election meddling and Capitol riot) could result in additional legal issues for the former president. An indictment of a former president would be unprecedented in American history and signify yet another dubious distinction for Trump, who has already been removed from office twice. It may also encourage other prosecutors to investigate Trump's business dealings.

Trump's indictment could significantly affect the 2024 presidential election, placing the electoral fight, never a pleasant business, into uncharted territory. His supporters have called the indictment a political gambit, acknowledging the former president's influence over the voters who will decide the GOP contest next year. This could be compared to the desperate efforts in Pakistan to somehow disqualify Imran Khan from elections as the ruling coalition, the PDM, fears an electoral rout due to Khan’s current popularity.

More than a year remains until the 2024 election, but candidates and those rumoured to be running are already attempting to reach voters. Some speculate that the indictment helped persuade Trump to run for president in 2024. If Trump is indicted and accused, the case will proceed to jury selection, which could be time-consuming and exhausting. Trump could face a maximum of four years in prison if convicted of any of the 34 felony allegations. The judge did not issue a prohibition order but cautioned Trump against making comments that could incite civil unrest.