Today, ex-President Donald Trump was arraigned in Manhattan on 34 felony counts of falsifying business records.

 

I was a criminal defense attorney for 27 years before coming to Congress, and I can tell you that criminal charges are traumatic for all parties involved. And in this case, there’s a trauma that is being inflicted against our system of government as Donald Trump is the first former president to ever face criminal charges.

 

Whatever the outcome of the case, we are in new territory, somewhere we as a nation did not tread in nearly two and a half centuries — until this afternoon.

 

The criminal defense lawyer in me thinks it’s important to focus on the fundamentals of our criminal justice system at a time like this. Donald Trump is entitled to the same protections as every other defendant under the law, regardless of background, regardless of title, regardless of status, regardless of race (though we must continue to work to better our system in this regard).

 

Trump is entitled to a presumption of innocence — a presumption which can only be lifted by a jury of his peers finding that the prosecution has proven his guilt beyond a reasonable doubt.

 

I’m not about to circumvent the justice system and proclaim Trump guilty before a trial. That would show just as much contempt as Trump has historically shown for our system — a system which is now protecting him.

 

But mark my words: Donald Trump is not above the law. In our democracy, no person can be above the law, not even a former president.

 

This is a sobering and consequential day in American history. But I draw comfort from the fact that our system of laws will now take over.

 

Let justice be done,

 

Hank Johnson

he/him