No society can long thrive if its leaders jettison the moral precepts that truly make nations great. This publication condemns any behaviors, alleged or otherwise, that would break sacred marital bonds of fidelity. And, if former President Donald Trump violated campaign laws or any other laws, he should be prosecuted.
No one, not even presidents or former presidents, are above the law.
And yet, if the 34 counts brought against Trump on Tuesday by Manhattan District Attorney Alvin Bragg would not have been brought against others in analogous situations — or should be prosecuted as misdemeanors rather than felonies — it’s better that the charges never should have been filed.
In the United States, no one is above the law, but also, no one is below the law; no one ought to be subject to unjust scrutiny or punishment simply because of who they are, their politics or their unpopular persona.
Equal justice, the consideration of a fair application of laws to all, is vital to maintaining public trust in the judicial system. And if political motivations drive the actions of those with judicial responsibilities, it threatens the fabric of the United States.
The case against Trump, in this instance, has already raised the eyebrows of legal experts. The 34 counts all concern falsifying business records in the first degree, and they all revolve around alleged hush-money payments to porn actress Stephanie Clifford, known professionally as Stormy Daniels, as well as payments to two others. She received $130,000 in 2016, allegedly to keep her from disclosing an affair with Trump, an affair he denies.
Prosecutors say Trump undermined the integrity of the 2016 election by disguising false payments as legal expenses or attempting to violating state tax law, and working to keep damaging information quiet, all of which violated not only business-records laws, but, because of its timing, election laws or other laws.
Violations of laws concerning business practices are generally handled as misdemeanors in New York state. The breaking of campaign finance laws is a felony. Prosecutors face a challenge building a legal connection between those two and therefore stating why this ought to be prosecuted as a felony rather than a misdemeanor.
As former federal prosecutor Ankush Khardori recently wrote for The New York Times, “It is far from clear how this case will end.” Federal prosecutors apparently considered this case when Trump left office and decided not to prosecute. Trump, if he acknowledges an affair, might plausibly argue he was trying to keep information from reaching his wife.
The prosecution’s case may rely on the questionable credibility of former Trump attorney Michael Cohen, who served time in prison for tax evasion and campaign-finance violations.
The case is reminiscent of the trial of former presidential candidate John Edwards, which ended in a mistrial in 2012. He was accused of accepting more than $900,000 from two donors to conceal an affair with a woman who worked on his campaign, and who subsequently became pregnant. Jurors were deadlocked over the question of whether the money was used to help his campaign or to keep his wife, who had cancer, from finding out.
Utah’s two senators have both said the charges against Trump violate the concept of equity under the law.
“This isn’t justice, solemnly and blindly carried out,” Sen. Mike Lee tweeted. “This is using the law to selectively punish for political gain.”
Sen. Mitt Romney, who twice voted to impeach Trump, said, “No one is above the law, not even former presidents, but everyone is entitled to equal treatment under the law. The prosecutor’s overreach sets a dangerous precedent for criminalizing political opponents and damages the public’s faith in our justice system.”
And that is the main danger here. These charges are the first ever leveled against a former president, and especially against one who is seeking reelection. Such a precedent may unleash questionable prosecutions as a partisan weapon. Trump once led chants of “Lock her up!” against his 2016 Democratic opponent Hillary Clinton, but nothing ever came of that. The fear now is that a Republican prosecutor may someday feel free to go after a Democratic candidate, searching and searching until something questionable is found.
None of which should keep prosecutors from holding former presidents accountable for serious crimes against the American people. Other possible cases brewing against Trump are being considered — did he try to alter the results of the 2020 election? What was his role in the lead-up to the mob attack on the Capitol Building on Jan. 6, 2021? If prosecuted, those allegations may concern threats to the U.S. system of government, as well as evidence of an abuse of executive power.
A precedent that appears politically motivated could open the door for similar tactics in the future. But a precedent concerning serious and substantive crimes against the American people would set a much higher bar.
To be clear, Tuesday’s arraignment unquestionably concerns allegations of a sordid episode beneath the dignity of the office of president of the United States. As the nation learned from Bill Clinton, extramarital affairs can compromise more than morals and dignity.
But when prosecutors reach below the line applied to all citizens in regard to the law, the nation suffers just as much as when the law is ignored for someone in a position of power, making that person above the law.