The American justice system folded even before Donald Trump returned to the Oval Office. By requesting to dismiss the proceedings in two federal investigations whose legitimacy was well-established – regarding the former president's role in his supporters' assault on Capitol Hill on January 6, 2021, to prevent Joe Biden from taking office, and his stubborn refusal to return classified documents after leaving office – Special Counsel Jack Smith has acknowledged a political balance of power that has become untenable.
The rule of law will suffer for two reasons. First, this defeat of accountability places citizen Trump – now the president-elect – above the law for his past actions. Second, the continuation of these investigations would also have clarified the scope of the immunity granted on July 1 by the conservative majority of the Supreme Court to a sitting president for actions taken while in office. Chief Justice John Roberts assured that this immunity could not be absolute. In the absence of further clarification, presidential immunity, perceived by Trump, may end up leading to impunity for any future misconduct.
The composition of the future administration makes it clear that part of its role will be to protect Trump. The fate of the FBI, which Trump lambasted for the search of his Florida residence in 2022, will be evaluated through this lens. Nearly eight years ago, Trump harbored an inextinguishable grudge against his attorney general, Jeff Sessions, the first Republican senator to back him, for failing to play the role of shield. By appointing the lawyers paid for by Republican donations who fought for him in court to lead the Justice Department, he dispelled the remaining ambiguity, if there was any left.
The Ukraine question
The transition has already been marked by a desire to free itself from established norms. The lack of transparency in its financing, highlighted by the New York Times, supports this observation. The president-elect chose to forgo federal funds in order to retain the possibility of receiving an unlimited amount of donations from private financial sources, certainly motivated by interests that do not prioritize the common good, without having to make public the names of the donors.
The impunity hinted at by the transition will not be limited to American domestic affairs. The choice of Fox News journalist Pete Hegseth to head the Pentagon is another potential indication of deregulation. In this case, it could signal a possible abandonment of the constraints imposed by the laws of war, which may extend beyond the borders of the US unless the Senate intervenes to block this nomination.
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