Efforts to prosecute President-elect Donald Trump during and after his presidency have unintentionally fortified his legal position, raising concerns about the broader implications for presidential accountability.
The legal cases initially aimed to hold Trump accountable for alleged misconduct during his first term have largely faltered. As Trump enters a second term, experts suggest these developments could shield him and future presidents from legal consequences for actions taken in office.
Special counsel Jack Smith announced Monday the dismissal of two high-profile cases against Trump: one involving allegations of attempting to subvert the 2020 election results and another concerning alleged mishandling of classified documents.
Meanwhile, the New York business records case, in which Trump faced 34 fraud-related charges, has postponed its sentencing indefinitely, casting doubt on its eventual resolution.
The election interference case remains unresolved in Georgia but has shown little movement.
A pivotal Supreme Court ruling diminished the cumulative impact of these cases. The court determined that former presidents are immune from prosecution for "official acts," which will limit future efforts to hold former presidents accountable for actions taken while in office.
While the exact boundaries of the ruling remain undefined, its implications are profound. Legal analysts believe it protects future presidents from prosecution for their conduct in office, making it exceedingly difficult to hold them accountable after leaving the White House.
Critics argue the Justice Department may have mishandled its approach by moving too slowly to prosecute Trump. Smith was not appointed until late 2022, nearly two years after President Joe Biden took office. His first indictment came just over six months later.
"If they had acted sooner, they might have been able to secure a precedent-setting ruling clarifying the definition of an 'official act,'" some Democrats and liberal legal analysts contend. Without such legal groundwork, they argue, prosecutors struggled to make charges stick, particularly those related to Trump's actions surrounding the Jan. 6 Capitol riot.
As a result, Trump returns to office on solid legal footing. Despite being the first former president convicted of a felony, the cumulative victorious outcome of four trials and dozens of charges has dampened future liberal lawfare.
The backfiring of these prosecutorial efforts has sparked debate among legal experts and political observers. While some argue the cases reflect the challenges of pursuing accountability at the highest levels of government, others view them as a cautionary tale of missed opportunities and strategic missteps.
The truth always remains. Under Biden, the criminal justice system cannot deliver justice, protect democracy, or even earn voters' trust by engaging in the pretense of lawfare.
Jim Thomas ✉
Jim Thomas is a writer based in Indiana. He holds a bachelor's degree in Political Science, a law degree from U.I.C. Law School, and has practiced law for more than 20 years.
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