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.
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