The case, which is being investigated by special prosecutor Jack Smith, has been suspended until the Supreme Court rules on the issue of the former president’s criminal immunity.
The Republican defense presents such immunity as necessary for the president “performs its functions properly” and emphasizes that none of Donald Trump’s predecessors have been prosecuted.
“This indictment is a historic first due to the particular seriousness of the alleged conduct,” the special prosecutor explained in his written arguments. He said the “severity, scope and damage to democracy caused by the alleged crimes are unique in American history.”
Presidential immunity
So what can presidential immunity cover? If it was in France, Articles 67 and 68 of the Constitution specify the jurisdictional status of the President of the Republic.
Article 67 indicates that the head of state “is not responsible for actions performed in this capacity”and that he is“may not, during his term of office and before any French court or administrative authority, be required to testify or be the subject of any action, act of notification, instruction or prosecution.”
And Article 68 specifies, however, that the head of state can be dismissed, but only “in case of violation of his duties that are clearly incompatible with the performance of his mandate”. For example, insanity, bad image of function, betrayal, etc.
In this case, if he were in France, Donald Trump could be convicted of high treason.
Lawyers are safe
As a result, the vast majority of legal experts in the United States predicted a bitter failure for Donald Trump, at first instance and then on appeal, despite the conservative majority of the Supreme Court, of which he appointed three of the nine members.
For his part, Steven Schwinn, a professor of constitutional law at the University of Illinois at Chicago, told AFP he expected “majority and perhaps unanimous decision against Donald Trump”.
“But even if the Court gives Trump a decisive and final defeat, I think the prosecution will have a hard time getting to trial before the election”he clarified.
The immunity of presidents, especially after the performance of their functions, is a topical issue in Africa as well. This is the case in Guinea at the trial for the massacres of September 28, 2009, during which former head of state Dadis Kamara was tried.
According to human rights organizations, this question explains why certain leaders cling to power forever.
Related Posts
why overeducated Muslims choose exile
tanker hit by a missile near Yemen
