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A court-certified felon president

America in its 250-year history has never confronted such a dilemma
10:46 PM Jan 19, 2025 IST | Prof. M. R. Dua
America in its 250-year history has never confronted such a dilemma

When for the first time in over 250-year history of the United States of America a court   certified former president, Donald J. Trump, as ‘felon’, convicted him of numerous criminal offences and found him guilty of 34 felony counts of business fraud as ‘part of his illegal scheme to influence the 2016 presidential election by marking payments to suppress a sordid tale of sex with a porn star’ in June last year, an indelible stain, a blemish was delivered on the world’s insuperable, oldest, overweening democracy, the mighty USA.

Though the New York trial judge Juan M. Merchan convicted Trump of various felony charges, he gave only a symbolic punishment and because of the office of the presidency, leniency was due to Trump, not as the man, but the president who will soon hold the title. And ironically, as The New York Times howled: “Arms crossed, scowl set, President-elect Donald Trump avoided jail (term of at least four years) but became a felon.” The judge awarded only a so-called unconditional discharge…as permissible under U.S. constitution.

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Meanwhile, since the 78-year-old Donald John Trump was reelected on November 5, 2025, as the U. S. President as a Republican Party candidate defeating his opponent, Democratic Party candidate, Kamala Harris, the then  vice-president.

Donald Trump would be sworn in on January 20, 2025, as the 47th President of the United States of America and proudly occupy the most powerful office in the world, White House.

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However, while receiving the judgement in the court’s ecosystem, Donald J. Trump, as seen on the television screens, was unusually quiet.  Trump looked bored, blurred, and bleary-eyed. But no apparent aggression or morose; visibly only somber.

It would be appropriate here to recall the background of the case that arose from a 2016 ‘hush-money’ payment to an adult porn star, Stormy Daniels, who was ‘selling her story of a sexual encounter’ with Donald Trump. Since the Republican Party candidate Donald Trump was contesting against Democratic Party’s Hillary Clinton in the 2016 White House race, had she (Stormy Daniels) gone public, Trump would be deemed to be in a sex scandal and thus his chance to win could be endangered. She was paid hush money $134,000 through a Trump aide. Trump reimbursed the amount, and directed the records be falsified to keep the payment under the wraps. Despite many prolonged legal battles, none of it worked. And Trump didn’t give up; but of the dozens of criminal charges, about ‘one replete with the intimate details of sex scandal,’ the judge issued an ‘unconditional discharge, removing much of the suspense from the proceeding.’ But as per legal provisions ‘the criminal conviction for falsifying business records is someday overturned, Trump will have felonies on his criminal record, which will affect some of his rights.’

Later as with the turn of events, armed with an abundant win from the November 5, 2024 White House race, Donald Trump roared back with broad smiles and frisking his mighty fists in the air. He was then the ‘President-elect. ‘And now, Donald Trump is ready to be ‘crowned’ on coming Monday, January 20, 2025, as the President of the United States and begin his second four-year White House term, 2025-2028.

But, meanwhile, it’s also the time when common Americans are asking: Will their nation’s highest office be occupied by a court-certified felon president... Kriss Davis, an active political thinker was bitter about it and burst out: ‘Nothing to really say. Sad. Trump’s skill as a con man and grifter! Too many people cannot see through his constant lies.’ You see’, Kriss Davis continued: ‘People want things to be better and he promises that with no plan on making that happen. And our news media does not push for details.’

A trained and highly qualified information scientist, and an extremely vocal, Dr. (Ms.) Dana Christensen, said: ‘I’m beyond disappointed that a man can get away with being convicted of 34 felonies avoiding any sort of punishment whatsoever… how the judge determined that the president-elect cannot be, at least fined for his actions…this is the most extreme and dangerous example yet. I’m genuinely scared of where this country is heading.’

Billionaire businessman, India-origin and ‘a rising Republican star’, Vivek Ramaswamy said: ‘Donald Trump is an American badass’ and added that ‘Donald Trump’s appeal lies in his defiance of expectations and his connection with the strength and exceptionalism of the American people…. Trump isn’t an ideologue or a policy wonk…he is an American badass. They tried to disqualify him, imprison him, and even kill him twice –none of it worked. They underestimated him… they underestimated the American people.’

As Donald Trump assumes world’s most powerful presidency as the U.S.’s first certified criminal felon president, what constitutional rights and privileges he’ll be entitled to?

It’s indeed remarkable the America state in its 250-year history has never confronted such a dilemma. However, experts opine that Trump will not go to jail; ‘under federal law, people convicted of felonies are not allowed to possess firearms.’ Trump has to give T DNA sample; Trump can hold office with a felony conviction, federal allows that. As president, Trump will have a diplomatic passport for foreign travel for official business and can also keep tourist passport. Trump’s felony conviction could bar him from holding liquor license but not stop him from his casino business. Trump being the New York resident, only New York governor has the power to pardon from his conviction.

Though at the end of it all (for now only!), Trump has said that he ‘did not do any wrong,’ and described the case against him as a ‘hoax’ perpetrated by his rivals.

Delivering his judgement, Justice Juan M. Merchan used remarkably cautious words. He said: “Extraordinary protections of presidency insulate Trump from more substantial – Donald Trump, the ordinary citizen, Donald Trump, the criminal defendant, would not be entitled to considerable protections…Those protections do not reduce the seriousness of the crime or justify its commission in any way.’’

 

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