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william cooper
Donald Trump is finally on trial. And many think he may finally pay for his crimes (or at least some of them). Some believe that if Trump wins the November election, a conviction and prison sentence could prevent him from holding the office of president again.
If I wish, it will happen.
Donald Trump isn’t going to jail. And the only thing between him and his Oval Office is the ballot box.
Of course, Trump has committed numerous crimes. He deserves to serve time. And the world would be better off if he were forced out of the campaign.
But that doesn’t matter. Trump is not going to prison because the burden on prosecutors to keep him in prison is too great. In a little-noticed case in 2020, the U.S. Supreme Court ruled that a unanimous jury verdict is always required to convict someone of a serious crime. Justice Gorsuch, writing for the court, explained that this principle is rooted in the U.S. Constitution, saying, “This court has repeatedly recognized over the years that the Sixth Amendment requires unanimity.” .
For prosecutors to obtain a conviction, all six to 12 jurors (depending on the jurisdiction) must not only find the defendant guilty, but also believe that he is guilty beyond a reasonable doubt. Must agree. This is a good standard for a wider range of people. There should be a very high bar to convicting someone of a crime. But this is quite a loophole for a politician with a historically loyal support base and a national party rallying behind him. Even in the face of clear guilt, it is highly unlikely that President Trump will not be able to secure a single pending jury.
So the United States is drowning in yet another emergency created by President Trump, hurtling toward a nebulous crisis whose shape and size are unclear. Will he reach an agreement with prosecutors? Will he be elected president? Will his other trials take place before or after the election? There are a lot of difficult questions. However, the conclusion is easy to reach. A unanimous jury would not convict him.
But America’s conscience has already been indicted. That Trump’s criminal conduct, whether or not it results in a conviction, does not preclude his return to the presidency is indeed a worrying commentary on the American polity. In a country that incarcerates more people per capita than any other industrialized nation, the man who tried to overturn the presidential election not only walked free, but became the Republican presidential nominee.
Thousands of years ago, Aesop is said to have made an insightful observation about criminal justice: “We hang petty thieves and appoint great men to public office.”
Oh, how little has changed.
William Cooper is the author of How America Works … And Why It Doesn’t.
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