Otago Daily Times

Start of Trump’s legal troubles

The second impeachmen­t is just the start of United States President Donald Trump’s legal woes, writes Thomas Klassen.

- Thomas Klassen is a professor in the School of Public Policy and Administra­tion at York University, Canada.

BY becoming the first United States president to be impeached twice, Donald Trump’s divisive term as president is reaching a surreal ending.

Although he will likely remain in office and finish his term on January 21, the impeachmen­t is the opening salvo of investigat­ions and allegation­s of wrongdoing that will define his legacy.

Trump was impeached yesterday, as 10 of his fellow Republican­s joined Democrats in the House of Representa­tives to vote 232197 to charge him with inciting an insurrecti­on in last week’s rampage in the Capitol.

He faces a Senate trial, but not before he leaves office.

After Joe Biden becomes president, Trump may also face criminal and civil charges at federal and state levels for actions before and during his term as president.

He is reportedly so nervous about ongoing investigat­ions that discussion­s with advisers about pardoning himself and his children have intensifie­d since last week’s raid on the Capitol.

The federal scene

As president, Trump is protected from prosecutio­n because of a longstandi­ng Justice Department policy that sitting presidents cannot be charged with unlawful behaviour while in office.

Congress, via impeachmen­t, has the power to punish a president for wrongdoing.

But with the end of Trump’s presidency, Biden’s US attorneyge­neral could charge him with such criminal wrongdoing.

The federal government could begin to investigat­e Trump for income tax evasion, a long tradition that includes the likes of gangster Al Capone.

Before last week, it seemed improbable the next administra­tion would consider criminal charges. Biden said last year it probably would not be good for democracy ‘‘to be talking about prosecutin­g former presidents’’.

Even after Trump’s behaviour during the last weeks of his presidency and his impeachmen­t, and even if there is evidence of tax evasion, it is unlikely Biden will authorise the federal criminal charges against him.

An enormous investment in political capital would be required, and a ferocious backlash from Republican­s would ensue while placing Trump firmly back in the spotlight.

But failing to charge Trump if sufficient evidence is uncovered to warrant charges creates a situation in which presidents solidify their immunity.

The state of New York

State charges, however, are another story.

New York is conducting criminal investigat­ions into Trump and his businesses, including probes into potential bank, tax and insurance fraud, as well as falsificat­ion of business records.

It also has a civil investigat­ion of tax fraud.

The decision to charge Trump in New York could be made from the Oval Office, given the political ramificati­ons and precedents­etting nature of charging a former president. State charges provide a degree of cover and distance for Washington Democrats.

However, it is doubtful Biden will see much benefit in Trump being charged in New York.

The civil landscape

Two women are suing Trump for defamation for calling them liars after they accused him of sexually assaulting them before he was elected. Sitting presidents do not have immunity from civil lawsuits for acts committed before taking office.

These are the weakest of the legal cases Trump will face, given he is merely accused of lying. Twentysix other women have accused him of sexually assaulting them.

At the moment, it is probable these cases will result in a monetary payment or apology.

Some might hope Trump’s second impeachmen­t and the potential legal proceeding­s will bring a measure of censure and closure to his term in office.

But this is not likely to happen, as the political cost of prosecutin­g an expresiden­t is extraordin­arily high and runs the risk of making him a martyr to his base. — theconvers­ation.com

 ?? PHOTO: REUTERS ?? Hammer time . . . United States House Speaker Nancy Pelosi presides over the vote in the House of Representa­tives in Washington yesterday to impeach President Donald Trump for a second time
PHOTO: REUTERS Hammer time . . . United States House Speaker Nancy Pelosi presides over the vote in the House of Representa­tives in Washington yesterday to impeach President Donald Trump for a second time
 ?? PHOTO: REUTERS ?? US President Donald Trump visits the USMexico border wall, in Alamo, Texas, on Tuesday.
PHOTO: REUTERS US President Donald Trump visits the USMexico border wall, in Alamo, Texas, on Tuesday.

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