Donald Trump seems to be a mega-criminal. The presumption of innocence does not apply to political judgments.
Moreover, Section 3 of the 14th Amendment applies not just to Trump, but also to his many accomplices.
The presumption of innocence in the case of Donald Trump applies only to his trials and eventual criminal convictions. It does not apply to political judgments about his actions.
There is a common misconception that it is improper to speak of an individual as having committed a crime unless and until he is convicted of a criminal offense in a court proceeding. The “presumption of innocence”, however, applies only to the trial and criminal conviction of a defendant charged with committing a crime. It does not apply to making political or moral judgments, outside of this judicial context, about an individual’s actions. This fact is particularly relevant when there is abundant evidence in the public record of the individual having committed the crime.
One reason people shy away from calling a crime a crime and a criminal a criminal is their fear of being sued for libel and defamation.
Newspapers and others use the formulaic term of “alleged crime(s)” in order to protect themselves from the costs and distractions of defending themselves against lawsuits for libel and defamation. Legally, absent actual malice (knowingly making a false statement), they have the right to speak of “crimes”, pure and simple, in the case of a public figure such as Trump. This is constitutionally-protected free speech under the 1964 Supreme Court case of New York Times v. Sullivan. Individuals can similarly avoid the inconvenience of litigation by using the “alleged crime” formula.
These legal issues, however, should not prevent us from forming political judgments about crimes and those who have apparently committed them.
Consequently, we don’t need a court of law to declare Donald Trump guilty of the many crimes he appears to have committed,1 often in broad daylight, in order for us to be able to speak of his apparent crimes.2 His guilt appears tobe amply confirmed by the evidence in the public record, including that referred to in the 91 criminal indictments against him.3
We are speaking about making political judgments here, not about his formal criminal conviction in a court of law.
Trump seems to be the political equivalent to a mafia boss, using bevies of lawyers to delay all proceedings against him until after the November 5, 2024 election. If he wins, he is likely to discontinue all federal criminal proceedings against him and his accomplices. He has said that he would pardon many of those who have been convicted of criminal offenses related to the January 6, 2021 insurrection and invasion of the Capitol
Trump appears to be a mega-criminal. The public and the voting electorate should feel free to consider Trump guilty, as a matter of political opinion, in all cases where the public evidence is strong. He is apparently a mega-felon, and if justice is allowed to run its course, he is extremely likely to be convicted of the crimes for which he has been charged.
The American electorate should not be misled to believe that they may not consider Trump to be a criminal until he is formally convicted of criminal offenses in a court of law. The American people, and our political system, are not that stupid.
Moreover, Trump should not even be allowed to run for the presidency, given the express wording of Section 3 of the 14th Amendment to the Constitution, which provides:
Fourteenth Amendment Equal Protection and Other Rights
Section 3 Disqualification from Holding Office
No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.4
If, despite the plain wording of Section 3, the Supreme Court allows Trump to run in the November presidential election, and if he wins, we will have elected an apparent mafia-style crime boss and his henchmen to run the United States.
A further word regarding Section 3 of the 14th Amendment is in order.
Section 3 would appear to apply not only to Trump, but also to all of the Senators and House Members and other federal and state officials who, having taken an oath to uphold the Constitution of the United States), “have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof.”
Consequently, all such officials should be barred from running for public office under Section 3 of the 14th Amendment.
If citizens are paying attention, a large number of lawsuits should be initiated to prevent such persons from running for public office.
The issue here is whether the citizens of a democracy such as the United States will act forcefully to defend that democracy against those who would overthrow both the Constitution and the Rule of Law.
See, e.g., David A. Graham, ”The Cases Against Trump: A Guide; Fraud. Hush money. Election subversion. Mar-a-Lago documents. One place to keep track of the presidential candidate’s legal troubles,” The Atlantic, January 17, 2024.
See, also Derek Hawkins and Nick Mourtoupalas, “Breaking down the 91 charges Trump faces in his four indictments,” Washington Post, Updated August 15, 2023 (1:03 pm EDT).
See, e.g., “Democracy on Trial,” Frontline (PBS), January 30, 2024.
See James Rowles, “Trump appears barred by Section 3 of the 14th Amendment from running for president,” Trenchant Observations, January 4, 2024.
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