The Times Australia
The Times World News

.

Yes, federal charges against a former president are unprecedented

  • Written by Jared Mondschein, Director of Research, US Studies Centre, University of Sydney
Yes, federal charges against a former president are unprecedented

Since Donald Trump announced his presidential candidacy eight years ago this week, few words have been more overused than “unprecedented”. It was unprecedented for a previously unelected politician who had never served a day in the US military or government to become president. It was also unprecedented for a US president to twice be impeached.

Yet again, there is no historical precedent for the fact that a former US president has been indicted[1] by the federal government. Specifically, for 37 counts and seven separate charges concerning his handling of classified documents after he left the White House.

Compounding this challenge is the unmistakable political reality that the former president, who is currently the leading candidate to win back his old job, is facing the prospect that the US government, which is currently led by his chief political adversary, could imprison him.

From the allegations that the former president colluded with Russia, to Manhattan District Attorney Alvin Bragg’s charges over falsifying business records[2], even many critics of the former president would admit Trump has been unfairly targeted by political opponents.

The norm-shattering former president, they posit, led Trump’s political opponents to engage in reckless behaviour that also shattered norms.

But few, if any, critics of the former president have stepped forward to say that Special Counsel Jack Smith’s indictment is political in nature.

What are the charges?

As detailed in a 49-page indictment[3] released late last week, the charges allege that the former president was fully aware of the laws about classified documents, as well as the fact that the documents he maintained at his residence were not declassified.

The prosecution’s evidence for this include his statements in the 2016 presidential campaign against Hillary Clinton, as well as a recording of a conversation he had at his residence that indicated that he knew[4] some documents in his possession remained classified.

These documents, the indictment alleges, were not merely informal papers that were perhaps over-classified. Instead, they

included information regarding defense and weapons capabilities of both the United States and foreign countries; United States nuclear programs; potential vulnerabilities of the United States and its allies to military attack; and plans for a possible retaliation in response to a foreign attack.

According to former Trump administration Attorney-General Bill Barr, the accusation that these charges are evidence the Department of Justice has been weaponised for political purposes is “ridiculous”. On the contrary, Barr told Fox News that if even half of the “very detailed” and “very damning” indictment is true, then Trump “is toast”.

Mixing the political with the legal

Since becoming a public figure in the 1980s, Trump has been unmatched in his ability to successfully navigate countless investigations and lawsuits, seemingly without ever paying significant political or legal costs.

While few legal scholars are as confident the former president will escape unscathed in this instance, that has not changed Trump’s political strategy. Indeed, the former president’s hiring[5] of a new legal team may be indicative of a change in legal tact. Despite this, his political approach has remained remarkably consistent.

Within hours of being informed he was being indicted, the president and his staff had already broken the news on his Truth Social page. They had also started a fundraising campaign, and put key talking points out to his political supporters and proxies.

This strategy is straightforward: highlight the political nature of a special counsel appointed by Biden administration officials charging the former president; reiterate the lack of a prosecution for the mishandling of classified documents by Hillary Clinton and Joe Biden; and question why these charges were brought the same week that Republicans publicised their reported findings about misdeeds[6] by Biden and his family.

Trump can now enjoy dominating the news for the next week or more. This will leave fellow Republican candidates such as Florida Governor Ron DeSantis and former Vice President Mike Pence stuck in a news cycle about the former president instead of about their own campaigns.

Furthermore, the solid level of support Trump continues to enjoy in the Republican Party has left little alternative but for the majority of the Republican candidates to pledge their support for Trump’s innocence – regardless of what they may say privately about the man.

In the court of public opinion, one recent poll found[7] that 48% of Americans think the former president should have been indicted, 35% think he should not have been indicted, and 17% were unsure.

While Jack Smith will only work in the court of law, he and the Department of Justice will undoubtedly remain conscious of the public’s perception of their case against the former president.

What happens now?

It should be noted that as novel as it may be for a former US president to face a federal indictment, it is by no means unprecedented in the democratic world. As much as the former president and many of his supporters continue to call his indictment “third world country stuff”, the experience of a number of developed democracies such as France[8] and South Korea[9] indicate that political leaders facing prosecution did not fundamentally undermine their democracies.

Nonetheless, Smith appears highly conscious of the global ramifications arising from his indictment of a former president of the world’s oldest and most powerful democracy, saying “our nation’s commitment to the rule of law sets an example for the world”.

No global debate has dominated the past decade of politics more than that about the populist moment that both led to and was fuelled by Americans electing Donald Trump in 2016. Defined by an appeal to ordinary people who feel their concerns are disregarded by elites, one could perceive the charging of the apex of US elites – a former US president – as something that would quell populist sentiment. Speaking to that sentiment, Smith told the public:

We have one set of laws in this country, and they apply to everyone.

Yet, the image that will dominate news this week – that of a former president entering a federal courthouse on Tuesday for arraignment for the first time – is just as likely to reinforce Trump’s political power in the Republican Party.

Such a political grasp, which he famously said would outlast even him shooting someone[10] on 5th Avenue in New York City, remains unprecedented.

References

  1. ^ has been indicted (www.reuters.com)
  2. ^ charges over falsifying business records (www.skynews.com.au)
  3. ^ 49-page indictment (storage.courtlistener.com)
  4. ^ knew (amp.cnn.com)
  5. ^ hiring (amp.cnn.com)
  6. ^ misdeeds (www.foxnews.com)
  7. ^ found (abcnews.go.com)
  8. ^ France (amp.theguardian.com)
  9. ^ South Korea (www.aljazeera.com)
  10. ^ shooting someone (www.smh.com.au)

Read more https://theconversation.com/yes-federal-charges-against-a-former-president-are-unprecedented-but-so-is-trumps-political-power-207408

Times Magazine

Building a Strong Online Presence with Katoomba Web Design

Katoomba web design is more than just creating a website that looks good—it’s about building an online presence that reflects your brand, engages your audience, and drives results. For local businesses in the Blue Mountains, a well-designed website a...

September Sunset Polo

International Polo Tour To Bridge Historic Sport, Life-Changing Philanthropy, and Breath-Taking Beauty On Saturday, September 6th, history will be made as the International Polo Tour (IPT), a sports leader headquartered here in South Florida...

5 Ways Microsoft Fabric Simplifies Your Data Analytics Workflow

In today's data-driven world, businesses are constantly seeking ways to streamline their data analytics processes. The sheer volume and complexity of data can be overwhelming, often leading to bottlenecks and inefficiencies. Enter the innovative da...

7 Questions to Ask Before You Sign IT Support Companies in Sydney

Choosing an IT partner can feel like buying an insurance policy you hope you never need. The right choice keeps your team productive, your data safe, and your budget predictable. The wrong choice shows up as slow tickets, surprise bills, and risky sh...

Choosing the Right Legal Aid Lawyer in Sutherland Shire: Key Considerations

Legal aid services play an essential role in ensuring access to justice for all. For people in the Sutherland Shire who may not have the financial means to pay for private legal assistance, legal aid ensures that everyone has access to representa...

Watercolor vs. Oil vs. Digital: Which Medium Fits Your Pet's Personality?

When it comes to immortalizing your pet’s unique personality in art, choosing the right medium is essential. Each artistic medium, whether watercolor, oil, or digital, has distinct qualities that can bring out the spirit of your furry friend in dif...

The Times Features

How much money do you need to be happy? Here’s what the research says

Over the next decade, Elon Musk could become the world’s first trillionaire[1]. The Tesla board recently proposed a US$1 trillion (A$1.5 trillion) compensation plan, if Musk ca...

NSW has a new fashion sector strategy – but a sustainable industry needs a federally legislated response

The New South Wales government recently announced the launch of the NSW Fashion Sector Strategy, 2025–28[1]. The strategy, developed in partnership with the Australian Fashion ...

From Garden to Gift: Why Roses Make the Perfect Present

Think back to the last time you gave or received flowers. Chances are, roses were part of the bunch, or maybe they were the whole bunch.   Roses tend to leave an impression. Even ...

Do I have insomnia? 5 reasons why you might not

Even a single night of sleep trouble can feel distressing and lonely. You toss and turn, stare at the ceiling, and wonder how you’ll cope tomorrow. No wonder many people star...

Wedding Photography Trends You Need to Know (Before You Regret Your Album)

Your wedding album should be a timeless keepsake, not something you cringe at years later. Trends may come and go, but choosing the right wedding photography approach ensures your ...

Can you say no to your doctor using an AI scribe?

Doctors’ offices were once private. But increasingly, artificial intelligence (AI) scribes (also known as digital scribes) are listening in. These tools can record and trans...