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Donald Trump also won a reprieve from justice

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IT WAS A high-stakes election for all Americans, most of all Donald Trump. Had he lost, there was a fair chance that he would have gone to prison. He faces four separate sets of criminal charges, each with a prospect of jail time. Instead, once back in the White House, Mr Trump will be able to quash his two federal indictments and the two state cases against him are all but certain to be frozen.

That Mr Trump has managed to largely evade legal accountability is partly a result of his stalling for time, in anticipation of this very outcome. His strategy was aided by the Supreme Court, a third of whose justices he appointed. And yet his supporters see a justice system that is pliable and easily weaponised. To some in MAGA world, Mr Trump’s threats to train it against his political enemies now sound eminently reasonable.

The first post-election piece of business in Mr Trump’s trials will come in the hush-money case in Manhattan, where, barring further delay, he is due to be sentenced on November 26th. In May he was convicted on 34 counts of falsifying business records to conceal a payment to a porn star. Each charge carries a maximum of four years in prison. Yet there is hardly any chance of the judge imposing jail time—constitutional scholars agree that a sitting president cannot be locked up. In any event Mr Trump’s lawyers will probably ask to postpone sentencing until after his term in office ends.

Next come the two federal cases brought by Jack Smith, a special counsel in the Department of Justice (DOJ). Mr Trump stands accused of refusing to return classified documents upon leaving the White House and of attempting to overturn his defeat after the 2020 election. He denies wrongdoing in both. DOJ policy says that a president cannot be prosecuted while in office. Extinguishing these cases is simple: Mr Trump can fire Mr Smith and direct DOJ lawyers to drop them. He can do this even before his attorney-general is confirmed, notes Mary McCord, a former federal prosecutor.

In Georgia, meanwhile, Mr Trump faces charges in state court over his meddling in the 2020 election. The case is on hold while an appeals court weighs whether the prosecutor who brought the charges should be removed for alleged impropriety. If it ever gets going again, it will not include Mr Trump so long as he is the sitting president. But his 14 remaining co-defendants could still stand trial.

Then there is the civil litigation against Mr Trump for his role in the January 6th riot. Several Capitol police officers have sued him, alleging that he instigated the attack; courts are in the middle of sorting out whether his conduct is immune from civil liability. If they say it is not immune, precedent suggests that civil suits against a sitting president can proceed.

Soon enough attention will turn from Mr Trump’s legal jeopardy to that of his opponents, whom he has vowed to target. At a MAGA victory party attended by your correspondent, shortly before the conga line started, several of his supporters suggested that Joe Biden ought to drop the federal prosecutions against Mr Trump as a show of goodwill. Then one gleefully added that she would love to see their man “take the Bidens down”.

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Economics

Ballot-measure results reveal the power of state policy

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WIPING AWAY tears, Lauren Brenzel, who led Florida’s campaign to enshrine a constitutional right to an abortion, claimed one victory: “A majority of Floridians…just voted to end Florida’s abortion ban.” Though 57% of Floridians supported the amendment, it fell short of the 60% threshold required in the state. Florida’s current law banning abortion after the sixth week of pregnancy, with limited exceptions, will stand. The proposed amendment would have made abortion accessible until about 24 weeks from conception. The loss will affect 4m women in Florida and millions more across America’s south-east, where the procedure is highly restricted.

Nine other states voted on abortion measures on November 5th. South Dakotans rejected even a limited loosening of their strict ban. Nebraskans enshrined a 12-week ban into their constitution. Some states voted the other way: a slim majority of Missourians threw out the state’s complete prohibition. In Arizona, Montana and Nevada amendments passed easily. At an election-night party in Phoenix, Laura Dent, campaign manager of the pro-abortion-rights side, lamented the fragmented policy landscape that resulted in victory in Arizona and defeat in Florida. The failures mark the first times abortion-rights supporters have lost a state ballot campaign since the Supreme Court overturned a national right to the procedure in 2022.

Abortion amendments were among the most prominent of nearly 150 initiatives on America’s ballots on November 5th. Such measures allow voters to decide their own policies on everything from criminal justice to climate policy. About $1.2bn was spent campaigning for and against them. Some states have yet to finish counting votes. Abortion aside, the results so far suggest that Americans were aligned on several issues. For the most part, voters repudiated ranked-choice voting (RCV), barred non-citizens from voting and strengthened criminal penalties.

Seven states and Washington, DC, voted on whether to adopt RCV or open primaries, in which all candidates are listed on one ballot regardless of party affiliation. Campaigners hoped such constitutional amendments could help boost moderate candidates over more extreme ones, despite emerging evidence that RCV’s effects on partisanship are minimal. The nation’s capital was the only place that chose to adopt such a system, while Missourians voted to pre-emptively reject the practice. At the time of writing, a measure to repeal Alaska’s relatively new RCV-and-open primaries combo was narrowly leading.

Each of the eight (Republican-leaning) states that weighed whether to bar non-citizens from voting endorsed the idea. These results are a political signal, not a policy change. Before the poll, Donald Trump and Republicans began to question the results of the election by arguing, incorrectly, that illegal immigrants were voting en masse. In reality, the practice is already unlawful except in very few local jurisdictions. A more consequential vote came from Ohioans, who decided not to create an independent redistricting commission for congressional and legislative races. It is the third time in a decade that voters there have tried and failed to stamp out rampant partisan gerrymandering.

Californians will be counting votes for some time, but a controversial measure to strengthen penalties for some thefts and drug crimes seems to have passed with widespread support. In Colorado voters opted to increase funding for police, deny bail for people facing first-degree murder charges and delay parole for violent offenders. These results are part of a broader shift away from milder criminal-justice policies in Democratic states. Arizonans voted to allow police to arrest people for crossing the border illegally. The measure was modelled on a similar law in Texas which is tied up in the courts.

All these votes together offer a mishmash of policies in states that can differ greatly from one another. But the results still provide lessons. The biggest? Americans fed up with what is happening in Washington should look to the states: that’s where a lot of the action is.

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Economics

Democrats suffer in statehouse races, too

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In February Democrats in Wisconsin celebrated when Tony Evers, the Democratic governor, signed into law new maps for the state legislature and Senate. The maps were the result of Democrat-aligned judges becoming the majority on the state Supreme Court, and the signing undid 13 years in which Republicans won lopsided majorities on thin vote margins. It constituted a “sea change”, said Ben Wikler, the state’s Democratic Party chairman, and on November 5th voters would have a real chance to throw out their Republican legislative leaders for the first time.

They didn’t. With several seats still undetermined, Republicans controlled 52 of the 99 seats in the state legislature—a big drop from their previous 64, but still a solid majority. They lost their supermajority in the state Senate, but retained control. Wisconsin reflected dashed hopes for Democrats down-ballot across America. Whereas in 2022 four state legislatures flipped to Democratic control, this time Republicans clawed some back. Overall, the result was a slight increase in divided government.

In Michigan Democrats lost their narrow trifecta, and that seemed likely in Minnesota as well, where two races are heading for recounts. In Pennsylvania, where the governor is a Democrat and his party controlled the House but not the Senate, they were on track to lose it. In New Hampshire, in one of the few competitive governor’s races, Kelly Ayotte, a Republican, beat her Democratic opponent comfortably, which means the party should retain its trifecta. Democrats also seemed unlikely to make good on hopes of taking the Arizona House of Representatives for the first time since the 1960s.

The news for Democrats was not universally bleak. They won the governorship of North Carolina, where Josh Stein defeated Mark Robinson, who was revealed to have described himself as a “black Nazi”. They also won the offices of the lieutenant-governor, attorney-general and superintendent of public schools and broke the Republican Party’s supermajority there, meaning that the state’s Republicans will have to negotiate with Mr Stein if they want to get legislation passed over his veto. Democrats also held onto their supermajorities in the state legislatures in New York and Illinois, despite the surges for Donald Trump in the presidential races there. Republicans did not add any states to the 22 they already completely control.

What does it mean? State governments are powerful. In Minnesota and Michigan, for example, taking control of governments in 2022 allowed the Democratic governors to pass swathes of legislation—legalising cannabis, introducing free school meals, expanding abortion rights, tightening gun-control laws and giving more power to trade unions. Had Democrats held or increased the number they controlled, they might have been able to mitigate some of Mr Trump’s national policies. Instead, the governors of those two states, Gretchen Whitmer and the losing vice-presidential candidate, Tim Walz, will probably finish their terms with fewer bills to sign.

Elsewhere, expanded Republican majorities may lead to more aggressive legislating. In Texas Greg Abbott, the governor, said he now has “more than enough votes” to pass a school-voucher programme, which he has tried and failed to get through the legislature, stymied by rural Republican holdouts. But Democratic strategists in several Republican-dominated states say the losses could have been far worse: with Joe Biden at the top of the ticket, some expected a “tidal wave” of new supermajorities. Chaz Nuttycombe, the president of State Navigate, which crunches data on state races, reckons that this year there may well have been more ticket-splitting, where voters chose Mr Trump and their local Democrat, than in 2020.

Polling from Pew published in May showed that voters consider the inability of Republicans and Democrats to work together to be the second-worst problem facing America, behind only inflation (which is now easing). In recent decades divided government had in fact been receding. The bounceback is modest, but division is going to be more entrenched.

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Economics

How we will cover a second Trump presidency

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This is the introduction to The Economist this week, a free weekly newsletter that includes a note from our editor-in-chief, Zanny Minton Beddoes.

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The world has just witnessed a historic turn. Donald Trump’s election as America’s 47th president was not a fluke: his victory was decisive. By securing more than 70m votes, he has won the popular vote for the first time in three attempts. The Republican Party now runs the Senate and is likely, within days, to secure control of the House. Add that the Supreme Court will be firmly entrenched with MAGA values for a generation. All this constitutes a stunning comeback and provides a powerful mandate for Mr Trump; in our cover leader we call him the most consequential American president since Franklin D. Roosevelt.

Our weekly edition considers what a second Trump presidency means. If Mr Trump has wrecked the old order, what will take its place? Will the return of Trumponomics spark a global trade war? How will Mr Trump handle the conflicts in Ukraine and the Middle East? His sweeping victory could set the tone for fellow nationalist populists such as Marine Le Pen, who hopes to secure France’s presidency in 2027. Mr Trump was too easily dismissed as an aberration in his first term. Not now. He has defined a new political era, for America and the world.

Subscribers can now sign up to participate in our live digital event on Friday November 8th, where our editors will discuss the election’s aftermath and what comes next. I also recommend the US in brief, our daily newsletter devoted to the most important matters in American politics.

Wherever you live, Mr Trump’s presidency will affect you. Over the next four years, we will report on and analyse the effects of the second Trump presidency on policy, business, economics and more—in America and around the world.

I invite you to be a part of this. If you already subscribe to The Economist, thank you.

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