Donald Trump is above the law – the US justice system has failed

At the end of May, Donald Trump heard this word 34 times in room 1530 on the 15th floor of a New York courthouse. The jury found him guilty on all counts. For the first time in history, a former US president was convicted in a criminal trial. Trump was supposed to find out his sentence next week – but nothing will come of it.

The responsible judge, Juan Merchan, canceled the date for the verdict. Instead, negotiations will take place in December about whether Trump now enjoys immunity in the so-called hush money trial. No one is above the law? Well, Donald Trump certainly does.

The former hush money payment to former porn actress Stormy Daniels was not illegal. But the fact that from 2017 onwards Trump paid the money back to his former lawyer Michael Cohen, who had advanced the payment, as regular legal fees, put Trump in trouble. The jury was convinced that he had deliberately concealed the payment to gain an advantage in the presidential election eight years ago. This is a crime under New York law.

But the re-elected president could now get away with it without punishment. Maybe the verdict will even be overturned entirely. Trump’s lawyers will argue that the repayment occurred during his presidency, which is why he should not be prosecuted at all.

The Supreme Court in Washington made a landmark ruling this year that gave presidents so much power during their term of office that the liberal justices on the court sounded the alarm. US presidents would become “kings above the law” after this ruling, warned Sonia Sotomayor, who contradicted the conservative majority. This is exactly what is now emerging for Trump in New York.

At the beginning of the year there were four cases against Donald Trump. A judge appointed by Trump has already dismissed an indictment in Florida that involved betrayal of secrets. The trial in Washington in which Trump was supposed to answer for trying to overturn the 2020 election is currently being wound up. It is currently unclear whether the process in Georgia, which was also supposed to be about the election four years ago, still has a future – but it probably doesn’t.

The American justice system has failed. She waited too long to bring Trump to justice. Of course, the presumption of innocence would have applied to the trials in Florida and Washington. But the fact that the charges are now simply being shelved is a heavy burden for the American constitutional state – what’s more, it is being massively damaged.

Trump has set a dangerous precedent. The most powerful man in the world can not only manipulate elections, but also divulge state secrets to unauthorized parties and even lead a conspiracy to overturn a constitutional election.

In less than two months, Trump will begin his second term in office. He now knows that he can basically do whatever he wants for four years – no American court will prosecute him if he commits a crime.

But there is still a hint of remaining hope for the justice system.

New York Judge Juan Merchan could rule that Trump does not have immunity and set a sentencing hearing for Jan. 21, 2029, the day Trump’s next term will be over. It would be a small sign that the constitutional state has not given up on itself.