indictment and the rule of law
the paramount importance of peers
You likely know that the Southern District of New York acknowledged last night that it will unseal an indictment of former President Donald J. Trump by Tuesday of next week. That is the date when he needs to surrender for common legal processing and assumably arrangement. None of us outside of the SDNY know what the indictment charge is, how many charges there are, nor the outcome of this criminal proceeding.
Former President made his declaration of innocence earlier but will have the opportunity to provide evidence to the jury in court in the course of the trial.
Politicians and pundits of all stripes are discussig this uprecedented case; none know much more than we do, though they voice many opinions with undue confidence.
Many critics claim this is ‘weaponinsing’ the legal system in the United States, arguing the White House is prosecuting and persecuting Biden’s former (and probable as of now) opponent for President in 2020 and 2024, respectively. Those approving of the indictment cite America’s reputed commitment to the rule of law.
What makes this unique and not partisan politics is that a jury of twelve peers, rather than specially chosen friends or avowed enemies, will hear the prosecution and defense cases. The Constitution says one is entitled to a speedy trial before a local and impartial jury.
Former President Trump is a polarising figure so it will be challenging according to the defendant will likely be finding that jury. The Government will desire that impartial jury because anything else could lead to a mistrial but it still seems likely that will be the crux of the former President’s case because he continues arguing this is a witch hunt. Those twelve impartial jurors thus become pivoal.
Buckle up. This will be the most closely watched trial in our lifetimes. It is crucial for our democracy that it be as technically correct as possible. The challenges are substantial but we have the capacity to navigate this as a democratic society if we so choose. It is incumbent on us to make sure that choice is a positive one for our nation’s future. To do otherwise dooms us.FIN