By Cindy Toh
Five years of investigations, witness testimony, and unrelenting attacks from conservative politicians and the media. But alas, Manhattan District Attorney Alvin Bragg and his team criminally indicted former U.S. President Donald J. Trump. on the week of April 9th, 2023, the first-ever U.S. President to face this reality. Trump was formally charged with 34 felony counts of falsifying business records, in portraying hush money payments to porn star Stormy Daniels as legal instead of “corporate” payments. If found guilty, he is expected to be sentenced to one to four years of prison, typical for class E felonies such as this.
I may not be an American, but as a woman who escaped the Burmese military dictatorship, I’ve seen a democratic system implode, as the misdeeds of those in power go unchecked by the justice system. Trump’s indictment is a signal that all individuals will be held accountable regardless of power or status. While this notion is challenged by the lack of indictment while Trump was president, it is nonetheless justified: existing Department of Justice (DOJ) policy precluded his indictment exists to prevent an image that the justice system was weaponized for political purposes.
But now that Trump is no longer president but a sovereign private citizen, this policy does not stand. Thus, he should be subjected to the justice system and its procedures as impartially as any other sovereign private citizen: if a crime is found, the best course of action under this law is to face prosecution. This is exactly what has occurred with this indictment.
However, Trump’s supporters are clinging to the phrase, “If they can do this to Trump, they can do this to you,” accusing the prosecutors of being politically charged.
To that, I say, “Darn right, they could,” for the law applies equally to all in a republic like the United States. And while it is true that the judiciary has increasingly been politically weaponized, this characterization does not apply to this case. Alvin Bragg, the lead prosecutor in this case, was elected as a nonpartisan individual on a nonpartisan platform.
Trump as a defendant, like any other in the American justice system, is also presumed innocent before guilty. He has the chance to disprove the documentary evidence stacked against him and will be not guilty if there is reasonable doubt of his guilt. A politically charged trial would be one in which the right to a free trial, due process, and the defendant’s and Miranda’s rights are null and void. Trump has all of the above.
Moreover, while trials are not meant to be conducted based on public opinion, it is nonetheless worth noting that public opinion is on the side of the prosecution: a majority support the indictment. So contrary to what the MAGA world claims, this indictment isn’t political theatre orchestrated by a select few liberals.
But above all, the stakes of not charging Trump could tarnish the justness of a legal system. A few individuals with power and influence such as Trump skirt the law, undermining the very notion in the United States the law applies equally to all. And as historical patterns suggest, systems devoid of democracy are where political persecution is more common. Take it from me, a survivor of an authoritarian regime.
Five years of undertaking one of the hardest prosecutions to date in American history. But alas, the mission was accomplished for the rule of law.