The indictment of former President Donald Trump is a first in US history, but it could be much more than the end point of months of investigation led by Manhattan prosecutor Alvin Brigg.
The unprecedented gesture could above all mark the beginning of a series of other criminal charges against the populist. To regain a seat in the White House, he will now have to deal with the presence of American justice in his electoral campaign, launched with great fanfare last Saturday in Waco, Texas, which the New York grand jury has just brought in suddenly. in greater uncertainty.
“We are witnessing a historic event: this is the first time that a former American president has been accused of a crime”, summed up in an interview with the Duty Eric Orts, professor of law and specialist in political ethics at the Wharton School of the University of Pennsylvania.
“This will inevitably compromise his candidacy [en vue de la présidentielle de 2024]. It will be difficult for him to campaign, with possible imprisonment! adds Mr. Orts. And even if he is released on bail, after his official arrest, for photo taking and fingerprinting [qui pourrait survenir au début de la semaine prochaine], defending yourself in a criminal case will certainly monopolize her time and attention in the weeks and months to come. »
The announcement of the impeachment of the ex-president, late in the evening Thursday, was received with surprise by the campaign team of Donald Trump who, since the beginning of the week suggested that Alvin Brigg had finally decided to release the noose he had put around the populist, in the case of paying money to silence porn actress Stormy Daniels in 2016. The bribe was intended to cover up a story of adultery. New York justice has been investigating for months whether the $130,000 payout, orchestrated by Donald Trump’s ex-lawyer Michael Cohen, violated the Republican’s campaign finance rules at the time. , in addition to having led to falsification of documents on his part.
Recall that on March 18, Donald Trump wrongly implied that his indictment was scheduled three days later. An anticipated indictment which, by not occurring, fueled the defiant then rebellious behavior of the ex-president and above all multiplied his accusations and his thinly veiled threats against the Manhattan prosecutor.
On Thursday morning, sources close to the grand jury responsible for assessing the solidity of this case mentioned a postponement until the end of April of the decision whether or not to indict the ex-president in this case, the said jury having other business to deal with, reported several media.
“Donald Trump, who is already the only president to face impeachment proceedings twice [une pour sa tentative de manipulation de la présidence ukrainienne de Volodymyr Zelensky afin d’attaquer Joe Biden et une autre dans la foulée de l’insurrection du 6 janvier 2021]now becomes the only ex-president in American history to be criminally charged,” summarizes James Sample, a law professor at Hofstra University in New York, in an interview, “which puts him on the same line as Aaron Burr and even Richard Nixon.
Burr was Thomas Jefferson’s vice president between 1801 and 1804. He was charged with treason, only to be acquitted. As for Nixon, he could have faced criminal charges, in the wake of Watergate, but his successor, Gerald Ford, preferred to forgive him, to preserve social peace.
“Constitutionally, there is nothing to prevent an accused or an accused, or even a convicted and incarcerated individual, from running for or serving as president,” continued Mr. Sample. Of course, many believe that the core of his most loyal supporters could be galvanized by this indictment. But, while that indictment doesn’t necessarily rule him out of the race, his criminal issues are sure to pose practical challenges to his campaign, particularly if he’s under travel restrictions. »
“They brought this false, corrupt and shameful accusation against me only because I am on the side of the American people and they know that I cannot get a fair trial in New York”, denounced Donald Trump on his social network within minutes of announcing his criminal indictment. A first step of justice against the populist believes Eric Orts, who could however bring down several other accusations.
“Several cases hang over him in Georgia among others, where his attempt to interfere illegally in the results of the elections could earn him another indictment, recalls Mr. Orts. The US Department of Justice could also be charged for failing to comply with repeated requests for the return of highly classified documents he stole and stored at his private residence in Mar-a-Lago, Florida. And then there is January 6, 2021 and his attempt to lead a coup broadcast live on television.” At the end of its work, the Congressional Commission of Inquiry into this attack on the Democracy Dome by the billionaire’s supporters recommended that American justice last December hold Donald Trump criminally responsible for inciting the insurrection and to obstruction of due process. Among others.
“Trump’s arrest for committing all these crimes could certainly end his political career, and it should lead to that,” hopes Eric Orts. Because how can an American president take an oath and ensure that he will uphold the law when he himself is accused of serious criminal activity? »
“Of course, he and his supporters will try to present this as proof that the justice system works politically, rather than neutrally,” he continues. “This assertion, like many of him, has no basis and mere fear of a political reaction to an indictment should never be a reason to refuse to bring criminal charges. Because only the application of the law can now be the counterforce necessary to dissuade Donald Trump from trying again to overthrow the constitutional order of the country, ”concludes the professor.