The former President, Donald Trump, has been indicted in multiple jurisdictions for crimes he allegedly committed at the tail-end of his presidency. An individual is presumed innocent until proven guilty in a court of law. Donald Trump has the right to a fair trial and the opportunity to defend himself to the best of his ability. The rule of law is a fundamental principle that ensures that all individuals, including those in a position of power, are subject to the same laws and procedures. Although Trump was a former president, the judicial system must treat him not above or beneath the law but just like everyone else in society, regardless of wealth or poverty. The justice system must proceed fairly and impartially. The recent indictments and arraignments of Donald Trump and his renewed bid for the White House have highlighted the potential for a sitting president to pardon himself if re-elected, creating a constitutional crisis. As I watched one cable news after the other, I could not wrap my head around the unbearable punditry that if the former President were found guilty but re-elected, he could make all the legal cases against him disappear. Many legal scholars have resigned themselves to the eventuality. The issue of self-pardon by the President presents a profound challenge to our Constitution. The United States Constitution grants the President the power to issue pardons to others for federal offenses under Article 11, Section 2. However, its text does not explicitly address whether a president can self-pardon. But if viewed tenably, the lack of clarity on self-clemency challenges the concept that no one is above the law. IN ITS INTERNAL MEMO, the US Department of Justice concludes it could not indict a sitting president. However, this conclusion raises a constitutional conflict as the Constitution does not explicitly prohibit such indictments. This conflict highlights the potential discrepancy between the administrative document of the executive branch and the Constitution. The DOJ has never tested the MEMO against the Constitution. I am not a lawyer, and I do not play one here. But the Constitution of the United States is the supreme law of the land. Therefore, any policies, memos, or interpretations contradicting the Constitution would likely be invalid. Thus, any sitting president who commits a crime must face legal consequences during their term in office. However, the counterargument is that indicting a sitting president could disrupt the functioning of the executive branch and the government. But it has never been put to the test before. So, the excuse of time constraints for a president to defend himself in any lawsuit while in office is speculative. In American jurisprudence, there is the principle that no one should be the judge in their case, which also goes against the fundamental notions of checks and balances. Additionally, self-pardon questions the basic principles of equal rights and fairness that our Constitution seeks to safeguard. The implications of a president above the law threaten the integrity of our democratic system and raise concerns about the role of the judiciary and the mechanisms for holding them accountable legally – aside from the political impeachment of a sitting president by Congress. Thus, if Congress could impeach an erring president, the judiciary should also indict him. After all, each branch of government should check on the excesses of the other. At the heart of a functioning democracy lies the principle that no one, not even the President, is above the law. Today, we face a critical moment that will define the future of our nation’s justice system. If we allow a Republican President to evade accountability now, we risk setting a dangerous precedent that a Democratic President could further exploit. And that is how democracy dies. Our democracy cannot afford such a breakdown. In conclusion, it is essential to note that Donald Trump’s alleged crimes and prosecution preceded his bid for the 2024 ballot, making it imperative to uphold the rule of law. Please tell us your thoughts below. Written by: Nicholas A. Owoyemi President, Author & Human Rights Advocate Moderate Voices of America 30 Wall Street, 8th Floor New York, New York 10005 212 406-1958 www.moderatevoices.org. | 