The recent arraignment of former United States (US) president, Donald Trump in court expectedly attracted a lot of attention. Expectedly so.
Trump was charged by a New York grand jury with 34 felony counts of falsifying business records. Prosecutors detailed an alleged years-long scheme to use “hush money” payments to suppress damaging information before the 2016 election.
Trump pleaded not guilty to the charges at a hearing in a lower Manhattan courtroom, becoming the first former president to face criminal prosecution. He has denied all wrongdoing and said District Attorney Alvin Bragg, a Democrat, is motivated by politics in bringing the case.
In a 16-page indictment and accompanying statement of facts, prosecutors said Trump “orchestrated a scheme with others to influence the 2016 presidential election by identifying and purchasing negative information about him to suppress its publication and benefit the Defendant’s electoral prospects.”
They said the scheme involved three payments made by Trump allies to conceal damaging stories: $30,000 to a former Trump Tower doorman who said Trump had fathered a child out of wedlock; $150,000 to a former Playboy model who said she had an affair with Trump; and $130,000 to adult film star Stormy Daniels, who also alleged an affair. Trump has denied having affairs with both women, and the company that paid the former doorman determined his story was false.
Michael Cohen, Trump’s former attorney made the payment to Daniels in the days before the 2016 election. Prosecutors said Trump illegally disguised his reimbursement to Cohen by classifying them as legal fees.
“The payment records, kept and maintained by the Trump Organization, were false New York business records. In truth, there was no retainer agreement, and Lawyer A was not being paid for legal services rendered in 2017,” the statement of facts said, referring to Cohen. “The Defendant caused his entities’ business records to be falsified to disguise his and others’ criminal conduct.”
Falsifying business records is typically a misdemeanor under New York law, but can be charged as a felony if done with an “intent to defraud [that] includes an intent to commit another crime or to aid or conceal the commission thereof.” Prosecutors said Trump’s conduct was intended to violate election laws.
At the end of the hearing, the former president was released and soon boarded a flight home to Florida, where he is set to deliver remarks to supporters at his Mar-a-Lago resort.
He has since described the unfolding saga as a political witch-hunt, having declared his intention to return to the White House in 2024. For many, he looks strong to get the Republican Party ticket, where he easily controls the core conservative base.
Beyond the shores of the United States, Trump’s arraignment was a big issue. This was the first time a former United States president, easily one of the most powerful person on earth, would be tried in a court of law.
Although other presidents or heads of governments have been tried in courts, like Jacob Zuma of South Africa and others like late Saddam Husseini who were tried in international courts, not many believe that a US president would one day have to face the jury in court and account for alleged corrupt actions.
The concept of immunity after office, especially for US presidents and other countries that adopt its style of presidential democracy, appears to be shattering with the Trump affair.
The call for former presidents to answer for alleged crimes they committed in office appears to have gotten a boost. And it could be a good thing.
The essence of transparency and accountability for all citizens regardless of status, especially in a democracy, has been topical. With this notion in mind, the hope of walking free after reckless use of power before, during and after office, would begin to fade.
Of course, Trump’s claim of political witch-hunt cannot be dismissed wholly, considering the politically toxic climate of the country which interestingly, the former president was a key contributor to. For those who share the witch-hunt notion, they argue that the timing and intensity with which the system is prosecuting the matter is suspect. Even worse is the involvement of the media that have already found him guilty as charged.
However the fact remains that if a crime has been committed, the process must apply and the notion of justice for all concerned must prevail in the interest of ensuring confidence in the system.
Back home, here in Nigeria, we would expect that the unfolding legal saga of Trump will serve as a warning to all those who believe they are above the law especially in a democracy.
While history won’t be kind to most of them for the pains and sufferings their actions and inactions have caused majority of the people, the era of “powerful persons” having a sense of invincibility from the law to account for alleged misdeeds will gradually but surely come to end.
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