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Forum2024-11-07 16:58:00

Interference with justice during political elections: A lesson from the United States through the Trump case!

Shkruar nga Eduard Halimi

Interference with justice during political elections: A lesson from the United

The raising of accusations undoubtedly affects the change of perception among the voters, creating political sides where the force that has the power and the media is widely used for lynching...

Yesterday, the American people, through a historic process, chose to return President Trump to the White House after 5 years, in a historic victory for him and the Conservative Party (right). But in the last 2 years, the United States, the whole world (and us without exception) have witnessed an unprecedented intersection between the justice system and the political election process, especially in relation to former President Donald Trump. More than ever in history (as far as I could tell from Nixon to Sarkozy) the full 91 criminal charges in four separate cases brought by justice against Trump and his close associates (according to WP) and describing his 2 year campaign , did not stop him from maintaining his political influence, securing the nomination of the Republican Party for the presidential elections of 2024 and then winning convincingly.

-Criminal charges against Trump, prosecutors' orders, checks: The battle between lawyers and justice

In the past 2 years, (WP source) Donald Trump has faced 91 criminal charges, including:

• 34 counts of tax evasion and other serious wealth charges filed in New York (March 2023)

• 40 counts of “Keeping classified documents after leaving office and obstructing efforts to recover them, conspiracy and other serious charges

• 10 Georgia conspiracy charges and 4 federal charges of “Attempting to subvert the 2020 election” (August 2023)

• 3 federal indictments in Florida and Washington in June and August 2023 similar to the above.

• 1 Arrest Warrant issued in Georgia (August 2023)

• 1 Home search (August 2022) by the FBI at the Mar-a Lago Residence, Florida (the same place where he was waiting for the result yesterday with close associates).

- Influence on the electoral process and public perception

Raising criminal charges and especially serious ones against political leaders, and then lynching through the media of the opposite political force, undoubtedly defocuses voters during a campaign. Criminal prosecutions against a candidate for President/Prime Minister can affect the perception of voters and create political bias. On the other hand, the candidate, in addition to preparation, has to spend time with lawyers, prosecutors and officials. But despite these accusations, and battles between lawyers and prosecutors, Trump managed to maintain and even strengthen his political position:

- Voter support: Polls and more recently the historic result show that a significant portion of Republican voters continued to support Trump, despite the allegations. Political perception managed to prevail.

-Active campaign and political theses: Despite the legal challenges, Trump has continued to conduct an active campaign, organizing rallies and mobilizing his supporters, meeting them daily and convincing them of his alternative. He found the right conservative theses by offering representation to all those who until yesterday were unrepresented by a government that had liberal theses, and who everywhere and in every Hollywood movie had become believable.

- Presidential Immunity

Debates on the immunity of former presidents for actions during the mandate have important implications for the separation of powers and the rule of law.

-Lessons for other democracies

If we were in a third world country, with a fragile democracy or the Western Balkans, we probably wouldn't be surprised that prosecutors would bring charges during political elections. In Albania, the 2 leaders of the main opposition parties (former KM and former Presidents) on the eve of the political elections are under arrest, without any charges being brought yet, but only that they are "suspected" of a symbolic number compared to the 91 charges against Trump. On the other hand, the 91 criminal charges brought against Trump are not comparable in terms of criminal theory to any history of democratic countries that I was able to read not only in terms of quantity but also federal charges.

The raising of accusations undoubtedly affects the change of perception among the voters, creating political factions where the force in power and the media are widely used for lynching. But the Trump case happened there, in the USA, in the most modern democracy in the whole world.

So Trump offers some lessons for democracies around the world:

- Independence of the Judiciary: It is essential that the system acts independently and without political influences, especially during election processes

- Balance between Justice and Politics: Raising criminal charges against the candidate for Prime Minister (President in the USA) can affect the deviation of the perception of voters, and lead to political bias. It is important to maintain a delicate balance between prosecuting suspected crimes and avoiding undue influence on the political process of elections

-Despite the fact that 91 serious criminal charges can be brought against a candidate for Prime Minister, he is not only presumed innocent until a final decision, but they cannot stop him from winning the hearts of voters if he inspires, works hard, mobilizes the party with a strong discipline, makes an active campaign, finds the right political theses and wins the support of ordinary people, voters tired of rhetoric, taxes, scandals and government delays. 

In conclusion, the USA taught us a lesson of modern times that the interweaving of justice and politics in the case of Donald Trump highlights the challenges facing modern democracies and that our fragile democracies have something to learn!

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