Analysis | The presidential prosecution of Donald J. Trump

Former President Donald J. Trump’s unprecedented legal challenges and their ramifications — the indictment of a former president and upcoming presidential candidate. Photo collage by EMI THOMAS, Staff Photographer

This March, Donald J. Trump became the first president in the history of the nation to get indicted. He proceeded to break that record three more times in the following months.  

Trump is facing 91 counts of criminal charges across four states. In New York, he faces 34 felony counts related to his alleged fabrication of documents to conceal payments made to silence Stormy Daniels, a porn star who claimed to have had a sexual encounter with him. In Florida, Trump is facing 40 felony counts for supposedly stashing classified documents and obstructing their retrieval. A Washington grand jury has charged Trump with four felony counts in connection to the Jan. 6 attack on the Capitol. And finally, the former president faces 13 felony counts in Georgia regarding his alleged attempts to overturn the state election.  

Trump criticized U.S. District Judge Tanya Chutkan, who is overseeing the federal election case, in a Truth Social post, calling her “highly partisan” and “VERY BIASED & UNFAIR!” based on her previous comments in a separate case involving the Capitol riot. This came three days after a protective order was imposed by Chutkan, limiting public disclosure of evidence due to the potential for witness intimidation and jury pool contamination.   

Trump surrendered at Fulton County Jail on Aug. 24 and was booked on felony charges for the Georgia case. This marked his fourth arrest and the release of a groundbreaking mugshot.   

Since then, Trump’s administration has used the mugshot for the sale of merchandise, having generated more than $7 million as of Aug. 28. Theoretically, there may be legal disputes concerning the ownership of the mugshot in accordance with U.S. copyright law.  

The mugshot is a symbol being embraced by individuals across the political spectrum.  It functions as a tangible representation of supporters' allegiance, while also serving as a minor victory for critics who consider his arrest a symbol of accountability for his allegedly illegal actions. 

“I see the Republican leaders’ support of Trump as a pure example of politics over governance,” said Lisa Leitz, the chair of Chapman University’s Department of Peace Studies. “Instead of doing the job of running a country or whatever area you're supposed to be in charge of, you'd rather get votes. It's about power instead of policy. And that's damaging to our whole country.”  

On the other hand, some argue that Republican leaders’ support of Trump stems from their belief in his innocence and the will of their constituents. 

“I think the majority of the GOP, and other legal experts, find the charges against Trump to be frivolous, and this is evident in recent poll numbers, which show Trump’s dominating lead within the Republican party,” said Kate Robinson, the vice president of Chapman Republicans and a columnist for The Hesperian. 

While Trump is the first U.S. president to be indicted, he is not the first to be arrested. The 18th president of the United States, Ulysses S. Grant, was arrested for a misdemeanor — speeding on horseback — despite having received a warning from a law enforcement officer the day before his arrest. Additionally, the 1972 Watergate scandal involving former President Richard Nixon marked the closest a president came to facing indictment and arrest since Grant's incident. Although Nixon was never formally charged, the gravity of the accusations led him to resign from the presidency. 

Eugene V. Debs, the Socialist Party's candidate in the 1920 election, made history by amassing nearly a million votes, all while being incarcerated in Atlanta, serving a 10-year sentence for sedition. At the time, Debs was a seasoned political figure, having run for president on the Socialist Party ticket five times since 1900.

Although Trump is not a convicted felon, his legal issues are intersecting with his presidential campaign. According to the U.S. Constitution, there are no explicit disqualifications that would prevent incarcerated individuals from seeking the presidency.

However, Section 3 of the 14th Amendment adds a layer of complexity to the situation as it stipulates that individuals who have taken an oath as “an officer of the United States" are disqualified from holding office if they have "engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof."

Ergo, if Trump were to be convicted for his alleged involvement in efforts to overturn the 2020 election, he could potentially be barred from the presidency.

“I think if Trump is legally not allowed to run for office, there will be massive protests from Americans across the country,” Robinson told The Panther.

The impact of a former United States president’s arrest extends across domestic and international realms.  

“It speaks to the kinds of disconnects that we have in our society,” Leitz said. “One of the root causes is a loss of community. We don't know each other.”

This is anticipated to have profound implications for the country's political landscape, as it aggravates political polarization and hinders bipartisan cooperation. 

“Personally, I think Trump’s greatest accomplishment was that he revealed the corruption in our government while also implementing an impeccable ‘America First’ agenda,” Robinson said.

“With that being said, Trump’s rhetoric is sometimes offensive and divisive, and when he makes certain comments, I think it has a tendency to paint the GOP as a whole in a poor light,” Robinson continued. “Overall, Trump is a fighter like we have never seen before, and I truly believe his ability to connect with the average American is why he is still so popular.” 

Additionally, the highly publicized trials of Trump and his associates are anticipated to further divide public opinion.  

“One of the biggest problems with democracy is that it is hard to maintain, and countries can backslide into authoritarianism,” Letiz told The Panther. “So, for believers in democracy around the globe, it might give people hope if he (Trump) can be arrested and if there are consequences for a leader who breaks the law.”  

This establishes the legal precedent of holding every individual — regardless of status — accountable for their actions, leading American and global democracy to an unparalleled milestone.  

The indictments and arrests of Trump represent a seismic shift in the political landscape of the world. As he faces this historic presidential prosecution, the nation and the world grapple with the implications of this high-stakes legal battle.