The news about the first criminal conviction of a former U.S. president has reverberated far and wide. In my view, we should all be breathing a sigh of relief for two reasons: The legal process was allowed to proceed without any major disruptions, and the fundamental American value that no one is above the law prevailed. I am impressed by the backbone of a very capable New York state judge who was unexpectedly thrust into the spotlight, and a jury of 12 average citizens who by all accounts took their job seriously under unique circumstances.
The rule of law is fundamental to our democracy
The founding tenets of our nation included the idea that the rule of law should prevail over an autocratic all-powerful monarchy — a construct at the time known as "the rights of Englishmen." Equal justice under law is an ideal that we fight for today in our democracy. The United States cannot claim to be a true democracy unless the rule of law is applied evenly and fairly to all. The example of Trump’s hush money trial goes some distance toward achieving that end.
Let me be clear: Donald Trump was afforded all the same rights as any other defendant. He was given every opportunity to defend himself in court from the crimes that he was accused of committing. This included the right to “take the Fifth,” not testifying on his own behalf and answering questions under oath, a right he availed himself of. In the end, a jury selected from the citizens of Manhattan delivered their judgment based on the facts and testimony presented.
The response to the conviction by some has been a meltdown, to say the least. It largely mirrors responses we saw from the former president and his supporters during the aftermath of the 2020 presidential election, characterized by a refusal to accept the result and falsely casting blame elsewhere for the loss. Today, instead of the electoral process, the target of the disinformation campaign is the legal process.Note that the main message we are hearing is not that the former president is innocent of the charges against him, but rather that he should not have been held accountable.
It’s irresponsible and dangerous to engage in this kind of disinformation (the charges were dictated by the sitting president, the trial was rigged, the judge was conflicted, etc.). One notable counterpoint to these attacks is President Biden’s son Hunter being convicted of lying on a federal background check form, in a prosecution by a Special Counsel appointed by the Department of Justice. Remarkably, after this conviction, some of President Biden’s political opponents now claim that the prosecution was a scheme designed to “distract” from other allegations against him! These claims will likely increase the polarization that is corroding our politics, with those who are receptive to the message becoming more distrustful of institutions that we all depend upon for maintaining a law-based society.
Can Trump vote now that he has a felony conviction?
One ironic result of the Trump conviction has been increased attention by the media to the widespread problem of felony disenfranchisement. CLC staff working on our nationally respected voting re-enfranchisement program have been widely quoted talking about the complexities of regaining the freedom to vote in our fifty states.
As CLC’s Blair Bowie has pointed out while speaking with reporters about this issue, the specific circumstances of the Trump case make it unlikely that his felony conviction will prevent him from casting a ballot in November. However, more than one million people in Trump’s official state of residence, Florida, cannot vote because of that state’s punitive and complicated felony disenfranchisement scheme, a holdover from the Jim Crow era that disproportionately impacts Black and brown voters. Millions more across our nation are treated as second-class citizens once they complete their sentences and rejoin free society due to a past felony conviction.
A person of Trump’s means can hire top lawyers and pay any financial penalties and therefore more easily regain their freedom to vote if it’s taken away. For too many others, the process is incredibly costly and complicated. That’s why CLC created the Restore Your Vote Campaign, which includes a user-friendly, comprehensive online resource for those who need answers about their eligibility to vote.
Remembering how we got here
The frenzy surrounding Trump’s conviction makes it easy to forget exactly how we arrived at this moment. The core of the case against Trump involved his attempt to hide information from voters in 2016 — that being hidden payments in the closing days of the presidential campaign to conceal an alleged sexual encounter with adult film actress Stormy Daniels.
Voters’ right to know about candidate spending that may affect their decisions at the ballot box has been affirmed by the U.S. Supreme Court through rulings recognizing the need for disclosure around election spending. Unfortunately, when complaints were filed with the Federal Election Commission (FEC) arguing that non-disclosure of the Trump campaign’s spending violated campaign finance laws, FEC commissioners deadlocked on the matter and shut down the investigation in 2021. It’s the sort of thing that has happened all too often at the only federal agency tasked with enforcing federal campaign finance laws.
As a result, it took a prosecutor and a trial in New York to bring out all the facts about the secret 2016 campaign financial transactions. Now, some Trump supporters in Congress are arguing that former presidents should be immune from investigations on any alleged violations of law in state courts. We also await the Supreme Court’s imminent decision on questions of presidential immunity in the January 6 case brought by the Special Counsel in federal court in the District of Columbia. Ensuring that “all persons are equal before the law” will be an ongoing and important battle in this country.
The nonpartisan Campaign Legal Center is dedicated to advancing democracy through law at the federal, state and local levels, fighting for every American’s rights to responsive government and a fair opportunity to participate in and affect the democratic process.
