Donald Trump and his lawyers will be at the heart of two major legal proceedings this week. It will be just as relevant and interesting to observe the Republican candidate as the judges and lawyers involved.
In unknown territory
You have read and heard it on multiple occasions: there are no possible historical comparisons with what Americans are experiencing this week.
Not only for the first time has a president undergone a criminal trial, but the Supreme Court will begin, as of Thursday, a reflection on the constitutionality of an alleged total immunity of the executive.
In New York, it will not be alleged that Trump sinned by buying the silence of a former mistress, he will be accused of committing fraud to do so.
In Washington, nothing less than the extent of the executive’s powers is at stake.
- Listen to the American political column with Professor Luc Laliberté via QUB :
Is a president a citizen like any other?
As a teacher and political commentator, I try to forget all the circus of recent years to concentrate on the state of the American system.
Behind the obvious partisan issues for Democrats and Republicans lie fundamental questions.
Should we, or should we in the future, subject a former president to legal proceedings? Is it possible to treat him like any other accused? When we proceed, which is the case in New York, can the accused hope for a fair trial?
Now back to Trump. Here we have the perfect accused to test the system. For what? Because it is his defense strategy and he refuses to consider the repeated warnings of several judges.
An ordinary citizen would already be behind bars for attacking a judge in his courtroom and/or on social networks. Even during jury selection, he was asked not to intimidate witnesses.
Despite the challenge that a defendant like Trump represents, I would agree with his lawyers on one point: when in the jury recruitment pool we know that 82% of citizens preferred Joe Biden, we are sowing doubt.
If we turn to the immunity case which begins on Thursday, you will understand the critics who point out that three of the nine judges of the highest court owe their appointment to the man whose fate they will determine.
One of the most conservative justices, Clarence Thomas, has accepted very generous gifts from Republican donors and is married to a conservative lobbyist and activist. Furthermore, this woman supported the attackers of January 6, 2021 and she interceded with members of the Trump administration to prevent the certification of the results of the 2020 election.
Regardless of who runs for future elections, candidates will act in accordance with the results of what is playing out in New York and Washington. Will Americans, regardless of their allegiance, still have confidence in their institutions? This trust is already seriously undermined.
