Donald Trump Would Be in Prison if the USA Were a Democracy. But It Isn’t

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Donald Trump’s political career and his legal troubles offer a stark illustration of how the United States functions as an amalgamation of an oligarchy and a plutocracy rather than a pure democracy. Despite allegations of unprecedented criminal efforts to overturn his 2020 election defeat, Trump remains a free man. This reality underscores the structural failings of the American political and judicial systems, which prioritise the protection of power and wealth over accountability.

Special Counsel Jack Smith’s Findings

The report by Special Counsel Jack Smith laid bare a litany of actions that, in a more equitable democratic society, would almost certainly result in imprisonment. Smith’s investigation into Trump’s post-election conduct highlighted:

  1. Encouraging Violence: Trump is accused of inspiring his supporters to commit acts of physical violence during the January 6th Capitol riots. His rhetoric and actions directly contributed to an insurrection that disrupted the democratic process.
  2. Spreading Falsehoods: Trump knowingly propagated false narratives about widespread fraud in the 2020 election, undermining trust in democratic institutions.
  3. Subverting State Legislatures: Trump contacted state legislators and executives, urging them to ignore vote counts and alter results in his favour.
  4. Fraudulent Electors Scheme: He and his co-conspirators orchestrated a plan to use fraudulent electors in seven states he had lost, submitting false certifications to Washington, D.C.
  5. Pressuring Vice President Pence: Trump repeatedly pressed then Vice President Mike Pence to exploit his ceremonial role as President of the Senate to overturn the election outcome.

Despite the gravity of these actions, Trump has evaded accountability due to the structural protections afforded to the elite in the United States.

How an Oligarchic and Plutocratic System Shields Trump

The American political system, often labelled a democracy, reveals characteristics of an oligarchy—rule by a few—and a plutocracy—rule by the wealthy. These systemic features ensure that figures like Trump remain shielded from the consequences of their actions.

1. Judicial Immunity for the Powerful

One of the most significant barriers to holding Trump accountable is the legal immunity granted to those in power. Trump’s legal team argued successfully before the conservative-majority Supreme Court that his actions as President were protected from prosecution. This ruling exemplifies how the judiciary often favours the powerful, placing them above the law.

2. Wealth and Influence in Politics

Trump’s vast wealth has enabled him to mount a relentless legal defence, employing top-tier lawyers to delay and obstruct judicial proceedings. His influence over political allies further insulates him, as they often rally to his defence to maintain their own positions within the power structure.

3. Corporate Media and Propaganda

The role of corporate media in shaping public opinion cannot be understated. Trump has used his media presence to portray investigations into his conduct as partisan attacks, framing himself as a victim of a political witch hunt. This narrative resonates with his base, ensuring continued support and complicating efforts to hold him accountable.

4. Partisan Politics

The hyper-partisan nature of American politics also contributes to the lack of accountability. Republican lawmakers have largely shielded Trump from scrutiny, prioritising party loyalty and electoral success over democratic principles. This partisanship reflects an oligarchic tendency, where power is concentrated within a narrow elite that operates above the fray of democratic norms.

Democracy vs. America’s Reality

In a genuine democracy, Trump’s actions would likely have led to swift legal repercussions. Democracies operate on the principle that all citizens are equal under the law, with no special treatment for the wealthy or powerful. The United States, however, fails to meet this standard due to structural flaws:

1. Electoral College and Minority Rule

The Electoral College system enables a minority of voters to determine the presidency. This undemocratic mechanism allowed Trump to win in 2016 despite losing the popular vote, granting him the power to reshape the judiciary and undermine democratic norms.

2. Campaign Finance

The influence of money in American elections ensures that only the wealthy or those backed by powerful interests can compete effectively. This plutocratic system perpetuates inequality and shields elites like Trump from accountability.

3. Judicial Appointments

Trump’s appointment of conservative judges to the federal bench, including the Supreme Court, has created a judiciary that often prioritises ideological loyalty over impartial justice. These appointments have had a lasting impact, shaping rulings that protect elites.

Specific Examples of Trump’s Immunity

1. The January 6th Insurrection

Trump’s role in inciting the Capitol riots is well documented. Yet, despite extensive evidence, he has not faced criminal charges directly related to the insurrection. In any functioning democracy, such actions would constitute treason or sedition, leading to immediate prosecution.

2. The Stormy Daniels Case

While Trump was convicted in the Stormy Daniels hush money case, the sentencing was lenient compared to the potential consequences faced by an ordinary citizen. This disparity underscores the systemic inequality in the judicial system.

3. The Special Counsel Report

Special Counsel Jack Smith’s report concluded that sufficient evidence existed to convict Trump, yet his re-election in 2024 halted the pursuit of justice. This outcome illustrates how political power can override legal accountability in the United States.

International Comparisons

In contrast to the United States, other democracies have held their leaders accountable for criminal behaviour. For example:

  • South Korea: Former Presidents Park Geun-hye and Lee Myung-bak were imprisoned for corruption.
  • France: Nicolas Sarkozy faced legal consequences for corruption and campaign financing violations.
  • Brazil: Luiz Inácio Lula da Silva was convicted on corruption charges, though his conviction was later annulled.

These examples highlight the stark contrast between functioning democracies and the American system, where elites like Trump evade justice.

The Way Forward

For the United States to function as a true democracy, systemic reforms are necessary:

  1. Abolish the Electoral College: Replacing it with a popular vote system would ensure that the presidency reflects the will of the majority.
  2. Campaign Finance Reform: Implementing public financing for elections would reduce the influence of wealth in politics.
  3. Judicial Accountability: Reforming the judiciary to ensure impartiality and accountability is essential for restoring trust in the legal system.
  4. Strengthen Anti-Corruption Laws: Ensuring that public officials face swift and severe consequences for misconduct would deter abuses of power.

Donald Trump’s ability to avoid imprisonment, despite significant evidence of wrongdoing, is a testament to the oligarchic and plutocratic nature of the American political system. His case exposes the systemic flaws that prioritise the protection of power and wealth over democratic principles. For the United States to fulfil its democratic ideals, it must confront these structural issues and strive towards a more equitable and accountable society.

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