Trump On Trial

The indictments just keep on coming. As do the claims of political motivation.

From outside the United States, the question has always been why Donald Trump hadn’t been asked to account for some of his actions that seemed to skirt the law. In a democracy, even the President (or the Prime Minister of Canada) has to follow the rules or face the consequences.

Trump has famously disagreed with that assessment. Whether it is boasting of sexual assault or suggesting he could get away with murder, the impression is that he believes he is above the law. After all, he is Donald Trump.

The last time I looked, he had been indicted on four sets of charges in four jurisdictions. Will that be the end of it? His popularity seems to be soaring, no matter how serious the charges. Do Americans no longer care about right and wrong, about the rule of law?

Trump says it is all political, that the Democrats are behind the charges with the goal of derailing his 2024 election campaign. I agree that political considerations may have been involved, but not the way Trump claims.

If politics wasn’t an issue, charges would have been laid a couple of years ago. I suspect prosecutors were reluctant to lay charges against a presidential candidate for fear of influencing the election.

If I said the charges against Trump were part of a political witch hunt, half of the American populace would accuse me of attempting to undermine the justice system. They feel the president is not above the law.

The other half of the populace would want to put up statues of me for stating what they think is so obvious: their candidate is being persecuted to stop him from winning the 2024 election. The country is pretty much split right down the middle, if the polls can be believed.

It really is the American justice system, not Donald Trump, that will be on trial, should any of these charges actually wind up in court. It is important to remember that just because charges have been laid doesn’t mean there will be a trial. And if there is a trial, that doesn’t mean justice will be done. We have seen that in Canada.

Back in the early 1970s, Dr. Henry Morgentaler flaunted Canada’s abortion laws by performing therapeutic abortions outside of a hospital. He was charged. On more than one occasion. There was no doubt he had committed the crime.

Morgentaler faced a jury of his peers though, and they wouldn’t convict him. Even when instructed by judge that there was no alternative to a guilty verdict. Juries in our system require a unanimous verdict. Given the prevailing social mood, that wasn’t going to happen. Eventually the Supreme Court overturned Canada’s abortion law.

Which has me wondering what a jury would do should Donald Trump actually go to trial. A large percentage of Americans apparently think he is related to God – he can do no wrong, therefore cannot be guilty as charged.

How do you find an impartial jury in such a polarized environment? Is it possible for Donald Trump to receive a fair trial? Have prosecutors thought that far ahead? Are there 12 American citizens who haven’t already made up their mind about Trump’s guilt or innocence?

How does the justice system handle such a case? It will be curious to watch it unfold.

3 comments

  1. Phil allan's avatar
    Phil allan · · Reply

    I believe it was Robert Kennedy who noted that while he was president of all Americans as he walked down a road 50% of the people he faced did not support him

    Trump is no kennedy

    1. Lorne Anderson's avatar

      John Kennedy maybe

      1. phil@wsibparalegal.com's avatar
        phil@wsibparalegal.com · ·

        Yes. Brain not functioning at that time of night

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