Former President Donald Trump has been indicted by a grand jury convened by Manhattan District Attorney Alvin Bragg. The charges are still under seal, meaning that the details of the indictment are unknown, but Trump is expected to appear before a Manhattan court for arraignment on Tuesday, April 4. Bragg's push for indictment is unprecedented in US history and, as such, has unleashed a torrent of division in the nation that matches the unique nature of the situation.
The Bedrock of American Jurisprudence
Every citizen in the United States is guaranteed the presumption of innocence until proven otherwise in a court of law. While not explicitly spelled out in the nation's founding documents, it is a concept that dates back to Coffin v. United States in 1894 and is supported by the 5th, 6th, and 14th Amendments. Not only that, Article 11 of the Universal Declaration of Human Rights – created by a committee chaired by Eleanor Roosevelt in 1948 – expressly states that "Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence."
Why then are elected lawmakers already making public statements regarding Donald Trump's guilt?
First in line to dismiss 45's natural rights was former House Speaker Nancy Pelosi (D-CA), who posted on Twitter, "The Grand Jury has acted upon the facts and the law. No one is above the law, and everyone has the right to a trial to prove innocence. Hopefully, the former President will peacefully respect the system, which grants him that right."
"trial to prove innocence?" This post was flagged on the social media outlet with a "context" explainer: "Ms. Pelosi mistakenly says that Trump can prove his innocence at trial. Law in the US assumes the innocence of a defendant and the prosecution must prove guilt for a conviction." Mrs. Pelosi was not the only public official to waive that most crucial presumption.
Others Join the Trump Indictment Wave
Rep. Adam Schiff (D-CA) noted that "The indictment of a former president is unprecedented. But so too is the unlawful conduct in which Trump has been engaged." Again, we have an elected official categorically stating that Donald Trump committed illegal acts. Mr. Schiff has a certain amount of form in this area, having previously announced that he had personally seen evidence of crimes and then failed to produce such proof. The California Democrat has also not been averse to attributing statements to others that turned out to be false.
"A nation of laws must hold the rich and powerful accountable, even when they hold high office. Especially when they do. To do otherwise is not democracy," Schiff concluded. Perhaps a nation of laws should also afford the presumption of innocence, even when they hold high office. Perhaps even especially so.
The Right Reacts
There is little as powerful as a cause to unite disparate factions, and the indictment appears to be just that for the GOP. Republicans were quick to get their hot takes on record, from former VP Mike Pence, who denounced the charges as an "outrage," to Florida governor and potential 2024 contender Ron DeSantis. "The weaponization of the legal system to advance a political agenda turns the rule of law on its head," DeSantis tweeted. "It is un-American."
DeSantis specifically went after Bragg, as he has done before, over the DA’s connections to progressive billionaire George Soros. "The Soros-backed Manhattan District Attorney has consistently bent the law to downgrade felonies and to excuse criminal misconduct," he argued. "Yet, now he is stretching the law to target a political opponent."
House Speaker Kevin McCarthy (R-CA) echoed DeSantis delivering harsh words for the Manhattan DA. He wrote:
"Alvin Bragg has irreparably damaged our country in an attempt to interfere in our Presidential election.
"As he routinely frees violent criminals to terrorize the public, he weaponized our sacred system of justice against President Donald Trump."
McCarthy continued by referencing a House investigation into Bragg's actions, saying, "The American people will not tolerate this injustice, and the House of Representatives will hold Alvin Bragg and his unprecedented abuse of power to account."
Alvin Bragg (Photo by Michael M. Santiago/Getty Images)
What of the American Public?
It is clear that the division runs deep among politicians, but regular folks also appear equally torn. A Quinnipiac poll, concluded on March 27, asked: "Do you think the Manhattan DA's case involving former President Trump is mainly motivated by politics or mainly motivated by the law?"
The results don't look good for DA Bragg or the broader Democratic establishment. Sixty-two percent (62%) of respondents believed the case was "motivated by Politics,” compared to just 32% who said it is "motivated by law." Breaking down the party affiliations also poses a problem for the left. Unsurprisingly, 93% of Republican voters opted for the political persecution option, but so too did almost 30% of Democrats and a staggering 70% of the all-important independent voters.
American voters have forgiven innumerable sins from the political classes on both sides of the divide, but is perceived political prosecution a step too far?
Where's Joe Biden?
With so many prominent voices on the left declaring Trump's guilt, the perception of a politically biased indictment may become a beast that can't be controlled. And it is almost certainly an event from which – despite his current silence - President Joe Biden cannot escape untarnished. At some point, the White House will have to respond, and when it does, it will most likely claim the mantle of a disinterested observer waiting for justice to deliver an answer.
Whether right or wrong, the actions of Alvin Bragg are irrevocably tied to the political left of which Joe Biden is the figurehead. While the media prognosticates the final downfall of Donald Trump, it is perhaps the current president who faces his most seminal moment.
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