US Breaks Myth of Zero Criminal Prosecutions for Former Presidents... 'Trump Faces Possible Criminal Charges'

Trump Faces Various Allegations from Obstruction of Justice to Tax Evasion
Biden Administration Faces Challenge Over Trump's Status
Missteps Could Politically Benefit Trump

[Asia Economy Reporter Naju-seok] Will Donald Trump, the President of the United States, face legal punishment after leaving office? With the U.S. administration changing on the 20th of next month, attention is focused on whether President Trump will face criminal charges. One media outlet has even predicted that, following the eradication of the novel coronavirus (COVID-19) and overcoming economic difficulties, the issue of former presidents will become one of the three major tasks of the Biden administration.

[Image source=Yonhap News]

According to a compilation of U.S. media reports on the 15th (local time), several important facts have been confirmed. One is that an unbridgeable divide exists between President-elect Joe Biden and President Trump following the post-election refusal to concede. President Trump has broken the long-standing American political tradition where the loser concedes and the winner declares victory, refusing to drop his claims of election fraud. Moreover, Trump supporters have taken to protests, continuing the threats. In other words, it is unlikely that President-elect Biden will defend or pardon President Trump to help him avoid legal responsibility.

Additionally, having experienced the turbulent times during the Trump era, American society feels the need to prevent Trump’s comeback at all costs to avoid repeating the mistakes of the Trump era.

Another point is the strong possibility that President Trump committed legal violations. He has been accused of tax evasion even before his inauguration. Furthermore, during his presidency, he allegedly obstructed judicial activities in response to related allegations against him. Robert Mueller’s special counsel report specifically cites acts of obstruction of justice. It is believed that if he were not a sitting president, it would have been difficult for him to avoid legal punishment. Moreover, not only federal prosecutors but also local prosecutors in New York and Washington D.C. are investigating allegations of legal violations related to Trump’s business activities.

Ultimately, the issue of President Trump’s legal punishment is a task that must be addressed during President-elect Biden’s term. As is well known, no former U.S. president has ever been punished. Former President Richard Nixon came close but avoided legal punishment through a self-pardon after handing over the presidency to the vice president. During Barack Obama’s presidency, there were legal issues related to torture inflicted on terror suspects, but these were avoided with the logic of "looking forward, not backward."

One important issue is the attitude of the next administration’s Department of Justice. Sally Yates, former Deputy Attorney General and a leading candidate for Attorney General in the Biden administration, has said in the past, "Even in cases less serious than this (President Trump’s case), legal punishment should be imposed," and "If he were not the President of the United States, he would not have avoided indictment."

[Image source=Yonhap News]

Because of this, there is speculation that the Republican Party is preparing for the confirmation hearing of the next Attorney General. If the Attorney General takes a stance to criminally prosecute President Trump, it may be difficult to pass the hearing. Therefore, the Georgia Senate election on the 5th of next month could also influence the indictment of President Trump. If the Democrats become the majority in the Senate, there is a high possibility that a hardline Attorney General will be appointed. Conversely, if the Republicans maintain the majority, there could be a fierce battle over the Attorney General appointment.

There is also much assessment that President-elect Biden will find it difficult to actively pursue legal punishment. Considering the customs of Washington politics and the stance during President Obama’s administration, it is unlikely that President-elect Biden will actively pursue criminal charges against President Trump. However, the seriousness of Trump’s issues and the high public demand for punishment remain challenges.

For this reason, there is growing speculation that the U.S. House of Representatives may launch an independent investigative committee to conduct investigations related to President Trump and build a legal basis for punishment. Although the majority in the Senate may change depending on the Georgia election, the Democrats hold the majority in the House.

However, there is also speculation that legal punishment against President Trump could actually give him wings. Trump already defines himself as a victim of election fraud. If legal charges follow, he could frame it as political persecution. Moreover, as he is considered a potential candidate for the next presidential election, the indictment could become a political justification for his future presidential bid.