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A court rejects Donald Trump’s claim to absolute immunity

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ON THE campaign trail, Donald Trump has been saying he would be a “dictator” on the first day of his second presidency. Mr Trump may be half-joking when he announces this plan to cheering throngs. But the Republican front-runner has a track record of swelling presidential power past its traditional limits, from declaring a national emergency to build a wall on the southern border, to withholding his financial records and White House communications related to the January 6th riot.

On February 6th Mr Trump’s latest pretension—that years after leaving office he is immune from criminal prosecution for actions he took as president—met with thorough rejection by a federal appeals court in Washington, DC. “Former President Trump has become citizen Trump,” the ruling read, “with all of the defences of any other criminal defendant.” The three-judge panel that dismantled Mr Trump’s case included two appointed by Joe Biden and a staunch conservative appointed by George H.W. Bush.

Mr Trump’s pitch for immunity stems from the federal case brought by Jack Smith, the special counsel, concerning the former president’s attempt to overturn the results of the 2020 election. The appeals-court hearing, which began on January 9th after a district-court judge also ruled that Mr Trump did not enjoy the “divine right of kings”, exposed the extraordinary nature of the argument. When asked whether, for example, a president who had a political rival assassinated by SEAL Team Six could face a legal reckoning after leaving office, Mr Trump’s lawyer answered no—unless Congress had impeached and convicted him first. The judges were unimpressed. Making former presidents wholly immune from criminal exposure, they wrote, would abrogate “the primary constitutional duty of the judicial branch to do justice in criminal prosecutions”.

Mr Trump’s lawyers had argued that presidents might be “chilled” into inaction if a blanket of immunity does not await them upon leaving office (a claim Mr Trump repeated after the ruling). And yet, wrote the judges, past presidents have always “understood themselves to be subject to impeachment and criminal liability”, so any purported chilling effect has been in place throughout American history.

Gerald Ford, for example, pardoned Richard Nixon after he resigned—which was necessary only because both men knew that Nixon faced criminal prosecution for his involvement in the Watergate scandal. And Bill Clinton “agreed to a five-year suspension of his law licence and a $25,000 fine” to avoid having criminal charges filed against him after his presidency. Even if some presidents were to temper their actions through fear of “vexatious litigation”, the court wrote, that risk is outweighed by the public interest in holding former chief executives responsible for criminal misdeeds.

After expediting the briefing and oral argument, the DC circuit took nearly a month to issue its ruling. That has delayed Mr Trump’s trial for election interference, originally due to begin on March 4th. Yet the 57-page decision—presented by a united front of ideologically diverse judges—may ultimately help get the trial started in time for a verdict before the presidential election in November.

One more tribunal could stand in the way, however. The DC circuit panel put its ruling on hold until February 12th to give Mr Trump time to request a stay, and ask for full review, by the Supreme Court. If the justices decline, the case will return to the district court and the trial could begin in the spring. But more likely, in a season rife with fraught election-year battles, is an accelerated trip to the Supreme Court.

Stay on top of American politics with The US in brief, our daily newsletter with fast analysis of the most important electoral stories, and Checks and Balance, a weekly note from our Lexington columnist that examines the state of American democracy and the issues that matter to voters.

Correction, February 7th 2024: An earlier version of this article mistakenly referred to Richard Nixon as Gerald Ford’s running mate. Sorry.

Economics

Blockchain and Cryptocurrencies Transforming the Digital Economy

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Blockchain and Cryptocurrencies Transforming the Digital Economy

Blockchain and cryptocurrencies are among the most disruptive technologies of the 21st century. Since Bitcoin’s inception in 2009, these innovations have expanded far beyond their initial use case, spawning an entire ecosystem that underpins decentralized finance (DeFi), sustainable applications, and more. However, their transformative potential is tempered by challenges such as environmental concerns and global regulatory hurdles. This article delves into these topics and examines the future of blockchain technology and cryptocurrencies.


What is Blockchain Technology?

Blockchain is a decentralized digital ledger that records transactions across multiple computers securely and transparently. Its key features include immutability, decentralization, and transparency, making it ideal for applications requiring secure and trustworthy data. The technology powers cryptocurrencies like Bitcoin and Ethereum but has also found use in various industries beyond finance.

Cryptocurrencies, the digital assets based on blockchain, serve as mediums of exchange, stores of value, and investment opportunities. Their decentralized nature eliminates intermediaries like banks, reducing transaction costs and enabling peer-to-peer interactions.


The Evolution of Decentralized Finance (DeFi)

Decentralized Finance, or DeFi, represents a paradigm shift in how financial services operate. Built on blockchain technology, DeFi eliminates intermediaries, allowing users to access financial services like lending, borrowing, and trading directly.

Through platforms like Ethereum and Binance Smart Chain, smart contracts automate these services, ensuring transparency and efficiency. The appeal of DeFi lies in its inclusivity—anyone with an internet connection can access these services without the barriers posed by traditional banking systems.

However, the DeFi ecosystem is not without challenges. Security vulnerabilities in smart contracts have led to significant financial losses, while scalability remains a concern for mainstream adoption. Despite these hurdles, DeFi continues to grow, reshaping global finance and increasing access to financial tools for underserved populations.


Environmental Concerns Over Crypto Mining

The environmental impact of cryptocurrency mining is a pressing issue. Mining cryptocurrencies, particularly those using Proof-of-Work (PoW) algorithms like Bitcoin, requires vast amounts of computational power and electricity. For instance, Bitcoin mining consumes as much energy annually as some small nations, leading to significant carbon emissions.

This energy-intensive process has drawn criticism, prompting calls for greener alternatives. Ethereum’s transition from PoW to Proof-of-Stake (PoS) in 2022 significantly reduced its energy consumption by over 99%. Other blockchain networks, such as Solana and Algorand, are exploring energy-efficient solutions to minimize environmental impact.

Balancing the benefits of blockchain innovation with environmental sustainability remains a critical challenge for the industry. Efforts to power mining operations with renewable energy and improve energy efficiency are crucial for achieving this balance.


Use Cases for Blockchain Beyond Cryptocurrency

Blockchain’s potential extends far beyond cryptocurrencies. The technology’s unique features make it applicable across various industries, driving efficiency, transparency, and security:

  1. Supply Chain Management: Blockchain enhances transparency and traceability, enabling companies to track products from production to delivery.
  2. Healthcare: Secure, decentralized records improve patient data management and privacy while reducing administrative inefficiencies.
  3. Voting Systems: Blockchain provides tamper-proof voting solutions, enhancing transparency and reducing election fraud.
  4. Intellectual Property Protection: Artists and creators can register works on blockchain, ensuring rights protection and fair compensation.
  5. Real Estate Transactions: Digitized contracts streamline property transfers, reducing costs and paperwork.

These applications showcase the versatility of blockchain, providing solutions to long-standing inefficiencies across diverse sectors.


Regulation Challenges in Global Crypto Markets

The regulatory landscape for cryptocurrencies is highly fragmented, reflecting diverse approaches by governments worldwide. Countries like El Salvador have embraced cryptocurrencies as legal tender, while others, including China, have imposed outright bans.

Key regulatory challenges include:

  • Consumer Protection: The crypto market’s volatility makes investors vulnerable to scams and financial losses.
  • Taxation: Governments struggle to establish clear guidelines for reporting and taxing crypto transactions.
  • Cross-Border Transactions: A lack of uniform regulation complicates international cryptocurrency transfers and compliance.

Global collaboration is essential to create a balanced regulatory framework that fosters innovation while protecting consumers. This requires a nuanced approach that addresses risks without stifling technological advancement.


The Future of Blockchain and Cryptocurrencies

Blockchain and cryptocurrencies are poised for significant growth, driven by advancements in scalability, security, and usability. Innovations such as Layer 2 solutions, zero-knowledge proofs, and quantum-resistant algorithms promise to enhance blockchain’s capabilities.

Meanwhile, cryptocurrencies are gaining legitimacy as institutional adoption increases, with major companies like Tesla and PayPal integrating crypto into their operations. Central Bank Digital Currencies (CBDCs), government-backed digital currencies, further highlight the growing importance of blockchain technology.

However, the industry must address challenges related to sustainability, regulation, and security to realize its full potential. With continued innovation and collaboration, blockchain and cryptocurrencies can drive a more inclusive, transparent, and sustainable digital economy.


Conclusion

Blockchain and cryptocurrencies have ushered in a new era of innovation, transforming finance, technology, and beyond. From the rise of DeFi to addressing environmental concerns and exploring non-crypto use cases, their impact is far-reaching. Yet, global regulation and sustainability remain pivotal to the industry’s growth.

As the technology evolves, embracing its opportunities while addressing its challenges will be essential. By fostering collaboration and innovation, blockchain and cryptocurrencies can shape a future defined by transparency, inclusivity, and sustainability.

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Economics

Trump has faced down Republican dissidents in Congress

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REPUBLICANS ON CAPITOL HILL have a reputation for infighting and not getting much done. January 3rd, the first day of the 119th Congress, featured plenty of infighting. Surprisingly, the House GOP also managed to get something done—the formerly simple process of electing their leader. Yet the uneasy victory of Mike Johnson, the House speaker, looks tame compared with the legislative fights to come.

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Economics

Checks and Balance newsletter: Can the tech elite and MAGA come together? 

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This is the introduction to Checks and Balance, a weekly, subscriber-only newsletter bringing exclusive insight from our correspondents in America.

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