America's Rule Of Law: Trump's Prosecution Decision

During his time in office, former US President Donald Trump was accused of undermining the rule of law and the Constitution through a series of controversial actions. These included the firing of public servants, dissolving federal agencies, and interfering with investigations into his conduct. Trump's potential criminality has raised questions about whether he should be prosecuted, with some arguing that failing to do so would send a dangerous message about the country's commitment to the rule of law. However, others suggest that prosecuting Trump would keep him in the limelight and that he should instead be allowed to fall out of public attention. As Trump's actions continue to be scrutinized, the debate over whether America can restore its commitment to the rule of law without prosecuting him remains a complex and divisive issue.

Trump's potential criminality

Since launching his campaign for the presidency in 2015, Donald Trump has been credibly accused of committing at least 56 criminal offences. These include allegations relating to his time in or running for office, as well as his business dealings.

Some of the most notable potential instances of criminality include:

• Trump's involvement in the payment of hush money to Stormy Daniels, an adult-film actress who claimed she had sex with Trump, which he denies. Providing hush money is not illegal, but the case centred on how the payment was recorded as legal fees in Trump's accounts.
• Trump's attempt to abolish the citizenship rights of American-born children, enshrined in the 14th Amendment of the US Constitution. Legal experts and judges denounced this as blatantly unconstitutional.
• Trump's obstruction of the FBI's investigation of Russian interference in the 2016 election and the subsequent special counsel investigation.
• Trump's unlawful possession of government records at Mar-a-Lago after leaving office.
• Trump's attempt to overturn the 2020 election result, including through the alleged scheme to sway the election and his refusal to accept the result.
• Trump's impoundment of congressionally-appropriated funds at federal agencies, in violation of federal law.
• Trump's removal of experienced FBI and Justice Department officials, including FBI Special Agents and analysts, and his threats to fire others.
• Trump's plan to restore gun possession rights to convicted felons and persons with domestic violence convictions.
• Trump's belligerence towards the courts, including his refusal to obey a federal judge's order compelling him to restore the DACA program.

The potential consequences of Trump's actions are profound and threaten the very foundation of American democracy. As such, it is essential that the Department of Justice and prosecutors uphold the rule of law and pursue criminal charges if warranted.

Trump's abuse of power

The Trump administration has been marked by a series of controversies and allegations of abuse of power. One of the most prominent examples is the allegation that Trump used his position to influence the outcome of the 2020 presidential election. In the final weeks of his term, Trump directed the weight of the government's executive branch towards his re-election efforts. He turned the White House into a stage prop for the Republican National Convention, participating in a naturalization ceremony and pardoning a former prisoner as part of the festivities. Even after contracting Covid-19, Trump held a campaign rally on the South Lawn of the White House.

Trump has also been accused of abusing his power by targeting his political opponents for punishment and attempting to influence the justice system. He publicly criticized and attempted to intimidate judges who ruled against him, such as Judge James Boasberg, whom he accused of trying to "usurp the power of the presidency." Trump also lashed out at members of his administration, such as Attorney General Barr, for not using their power aggressively enough on his behalf, even calling on Barr to arrest his political rivals, including Biden.

Trump has also been criticized for his handling of personnel and his disregard for established norms and procedures. He removed or transferred experienced career officials from the FBI and the Department of Justice, including FBI Special Agents and analysts, and pushed out five inspectors general charged with overseeing the conduct of the government. He also appointed Chad F. Wolf as the acting director of the Department of Homeland Security, bypassing the Senate confirmation process, despite concerns about the legality of Wolf's appointment.

Trump has also been accused of abusing his power by signing a series of illegal and unconstitutional executive orders. One notable example is his attempt to abolish the citizenship rights of American-born children enshrined in the 14th Amendment of the US Constitution. Legal experts and judges have denounced this action as blatantly unconstitutional. Additionally, Trump has issued executive orders against powerful law firms that have challenged his actions or employed lawyers who have, seeking to strip them of business and block their attorneys from government buildings.

Trump's administration has also been marked by a disregard for the rule of law and the Constitution. They have violated federal law by impounding congressionally-appropriated funds at federal agencies and firing federal prosecutors. They have also ignored congressional statutes and run roughshod over the Constitution, as seen in their attempt to gut the Public Integrity Section of the Justice Department, which helps investigate and prosecute corrupt public officials.

Overall, the Trump administration has been characterized by a pattern of testing the limits of presidential power and a strikingly aggressive approach to authority, which has pushed the country into fraught territory and led to concerns about a constitutional crisis.

Trump's ties to Russian money laundering

In 2018, the Peter Tatchell Foundation reported that Donald Trump was involved in Russian money laundering, citing his real estate dealings and business ties with Russian oligarchs and mobsters. One notable example is the sale of his Palm Beach, Florida home, which he sold for a $54 million profit to a Russian oligarch, despite no significant increase in its value. Trump's real estate transactions were frequently funded by Russian money, often funnelled through anonymous shell companies. Additionally, 77% of Trump Soho apartments were purchased in cash by similar companies, and at least 13 people linked to Russian oligarchs or mobsters resided in Trump properties.

Trump's former campaign chairman, Manafort, was forced to resign in 2016 due to questions about his business dealings in Ukraine. Manafort was later indicted on multiple criminal charges, including money laundering, conspiracy, and failure to register as a foreign agent. Manafort's associate, Gates, was also indicted on charges of money laundering, tax evasion, and fraud relating to foreign lobbying before, during, and after the 2016 campaign. Gates pleaded guilty to making false statements to the FBI and conspiracy to defraud the United States.

In 2023, Trump Media, the company behind Trump's Truth Social platform, came under federal investigation for potential money laundering violations linked to an $8 million loan with Russian ties. The payments originated from Paxum Bank, partly owned by Anton Postolnikov, who is connected to Aleksandr Smirnov, an ally of Russian President Vladimir Putin. These allegations could potentially impact Trump's 2024 campaign, even without resulting in criminal charges, as his 2016 campaign was also scrutinized for alleged Russian ties.

Furthermore, a Senate report in 2020 described close ties between the 2016 Trump campaign and Russia, including the hiring of Konstantin V. Kilimnik, a Russian intelligence officer. Republican political operative Jesse Benton was convicted of funneling Russian money to the Trump campaign. These revelations underscore the financial and political connections between Trump and Russia, raising concerns about potential money laundering activities.

Trump's undermining of the Constitution

Since his first term as President, Donald Trump has been accused of undermining the Constitution and the rule of law in the United States.

One of the most prominent examples of this is the absolute immunity from criminal prosecution for official acts that was granted to him by the chief justice of the US Supreme Court, John Roberts. This ruling gave Trump free rein to carry out his duties without fear of legal repercussions, and he took full advantage of this during his first month back in office. He fired tens of thousands of federal workers, ignored congressional statutes, and dissolved federal agencies—all while giving Elon Musk access to sensitive data on tens of millions of Americans.

Trump has also been accused of attacking the independence of the judiciary and the rule of law. He has fired inspectors general, pardoned violent criminals, and defied the authority of the other two branches of government. He has also initiated plans to gut the Public Integrity Section of the Justice Department, which helps investigate and prosecute corrupt public officials, and to restore gun possession rights to convicted felons and domestic abusers.

In addition, Trump has signed a series of executive orders that are illegal and unconstitutional. One of the most notable examples is his attempt to abolish the citizenship rights of American-born children, as enshrined in the 14th Amendment of the US Constitution. Legal experts and judges have denounced this action as a blatant disregard for the Constitution.

Trump's administration has also been marked by a haphazard approach to governance, with serious mistakes made in court proceedings due to a lack of staff in the Justice Department. This has only served to undermine the administration's own legal agenda and make it harder for the Supreme Court to side with Trump.

The dilemma of prosecuting Trump

Donald Trump's presidency has been marked by a series of controversies and unprecedented actions that have tested the foundations of American democracy and the rule of law. From the outset of his second term, Trump has continuously undermined the Constitution, creating a dilemma for those seeking to restore the rule of law in America. The question arises: can this restoration occur without prosecuting Trump?

Trump's actions have included the impoundment of funds at federal agencies, the removal of experienced officials, interference in investigations, and the signing of unconstitutional executive orders. He has also pardoned prisoners, defied court orders, and made baseless claims of illegal activity by his opponents. These actions have led to concerns about potential criminality and abuse of power. Some observers note that Trump's behaviour as a businessman, his campaign finances, and his public conduct as president have all been questionable, with one potentially illegal act leading to another.

The stakes of prosecuting a former president are undoubtedly high, but so are the costs of not doing so. Failing to prosecute Trump would send a dangerous message about America's commitment to the rule of law, implying that even the president is above the law. This could set a precedent for future leaders and significantly weaken the country's democratic foundations. However, there are also risks associated with prosecuting Trump. Some argue that it would keep him in the limelight, potentially allowing him to maintain his influence and make another run for office in 2024.

The decision to prosecute Trump is a complex one, with valid arguments on both sides. On the one hand, holding him accountable for any wrongdoing would send a strong message about the rule of law and help restore faith in the system. On the other hand, the potential fallout, both political and legal, could be significant, and there is a risk of further emboldening Trump and his supporters. Ultimately, the decision rests with the relevant legal authorities, who must weigh the benefits of prosecution against the potential consequences.

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