An election is not a jury verdict, and winning an election doesn’t make you any less guilty.
One of the many troubling consequences of Donald Trump’s reelection is that he will largely avoid responsibility for his conduct in his four criminal cases. No other criminal defendant in American history has had the power to shut down his own prosecution. This is an unprecedented and wrenching affront to the principle that no one is above the law.
The potential exception is the New York State case. In May, a jury found Trump guilty of 34 felony counts related to falsifying business records to cover up hush-money payments to the adult-film star Stormy Daniels prior to the 2016 election.
Justice Juan Merchan recently granted the parties’ joint request to pause the New York proceedings while both sides consider what should be done in light of Trump’s reelection. Trump’s attorneys claim that the case must be dismissed altogether to avoid “unconstitutional impediments to President Trump’s ability to govern.” Even the district attorney’s office said it wants time to consider how the court should balance the “competing interests” of the jury verdict and the needs of the office of the presidency.
Out of an abundance of caution, Merchan avoided a preelection sentencing that potentially could have influenced the election. But the election result changes nothing about the criminal case. Now that the election is over, sentencing should proceed promptly.
Once in office, Trump may cancel federal prosecutions of himself and his allies. He has threatened to use the Justice Department to pursue political opponents. He may seek to bend the justice system to his will in unprecedented ways. But that doesn’t mean the DA or Merchan should “obey in advance” by abandoning the jury’s verdict.
Trump’s attorneys are essentially arguing that the election wipes the slate clean, that the people have spoken and all criminal matters must be dismissed. His former attorney general William Barr made a similar point in an interview with Fox News, where he called on prosecutors to drop all the pending criminal cases. “The American people have rendered their verdict on President Trump,” Barr argued. Prosecutors, he said, should “respect the people’s decision and dismiss the cases against President Trump now.”
What nonsense. The election was not a “verdict” on Trump’s criminality. A majority of voters apparently concluded that Trump’s criminal cases were not disqualifying—just as the sexual assaults, pandemic response, efforts to overturn the last election, and many other things apparently were not disqualifying. That doesn’t mean they didn’t happen or that Trump is not legally and morally responsible.
