Mr. Trump is the first former president to be charged with a crime in the US. But in many other countries, there are former leaders who have been investigated, prosecuted, and even imprisoned.
On May 30, the jury of Manhattan criminal court, New York declared former President Donald Trump “guilty” of falsifying business records to cover up his relationship with a human film actress. Big Stormy Daniels. This makes him the first former US President in history to be convicted of a criminal offense. On July 11, the court will announce the sentence for Mr. Trump.
Although the trial has ended, Mr. Trump still faces three other prosecutions, including a lawsuit against Mr. Trump and 18 others accused of conspiring to overturn the results of the 2020 election in Georgia; A federal grand jury in Washington indicted Mr. Trump for conspiring to overturn the 2020 election results; and the federal prosecution accused Mr. Trump of illegally keeping confidential documents at his Mar-a-Lago resort after the end of his presidency, as well as obstructing efforts to recover these documents.
Mr. Donald Trump. Photo: New York Times
In fact, in other countries, former leaders are often investigated, prosecuted, and even imprisoned. In March 2021, former French President Nicolas Sarkozy was sentenced to 1 year in prison for corruption and influence-peddling. At the end of 2021, a trial began against Israeli Prime Minister Benjamin Netanyahu related to breach of trust, bribery, and fraud, and this trial is still ongoing. Or Mr. Jacob Zuma, former President of South Africa, who was charged with money laundering and fraud, may have to stand trial in 2025 after many years of delay.
In principle, everyone must obey the law. But prosecuting presidents or prime ministers is often seen as political and divisive, since they are the people trusted by a country’s citizens or parties to choose their leaders.
Worth mentioning, Israel is also a testament to the rule of law. Because the country did not wait until Prime Minister Netanyahu left office to investigate wrongdoing. But some court proceedings have been delayed, in part because Netanyahu used state power to fight what he called a “witch hunt.”
Impact from prosecutions
According to The Conversation, research on prosecutions of world leaders shows that prosecution activities pose risks at different levels.
Mr. Sarkozy is the second French president in modern times to be convicted of corruption, after Mr. Jacques Chirac in 2011 for accepting bribes and trying to bribe a judge. France is not affected by both judgments. Mr. Sarkozy is even facing accusations of illegal election campaign financing from Libya.
Former French President Nicolas Sarkozy (middle). Photo: Channels TV
Prosecuting leaders can strengthen the rule of law. Typically, South Korea investigated and convicted five former presidents starting in the 1990s. The wave of political prosecutions culminated in the impeachment of President Park Geun-hye in 2018, followed by convicted and imprisoned his predecessor Lee Myung-bak.
Mature political institutions are competent, and the judicial system is independent enough to prosecute politicians for wrongdoing. But prosecutors or judges can still abuse the prosecution. But prosecutorial abuse is more likely, and potentially more damaging, in young institutions. Because the judiciary is weaker, it is easier for leaders to exploit loopholes to expand their power or bring down opponents.
Former President Luiz Inácio “Lula” da Silva was jailed in 2018 for accepting bribes. Many Brazilians believe that the prosecution is a politicized attempt to end his career. But Mr. Lula was re-elected in October 2022 against his opponent, incumbent president Jair Bolsonaro. Currently, Mr. Bolsonaro is under investigation related to allegations of fraud in dealing with the Covid-19 pandemic.