Feb 14, 2025

Trump and The Fight for Immunity

By: Manas Kathir

The Trump administration has settled into the White House for less than a month, taking action on several issues that America is facing. With many problems to tackle, it does not help that President Trump will have to deal with the federal court for the alleged crimes he committed to reverse the 2020 election results. 

Many claim that Trump should have immunity from prosecution because he currently is serving in the most powerful position of the country. However, allowing a pass like this goes against all of what our country believes in and also exemplifies what democratic erosion could look like. Having said that, President Donald Trump must not be immune from prosecution and should undergo the same process in the courts as any other citizen in America. 

Trump’s actions showcase a potential trend towards democratic erosion

In the course, we have discussed that democratic erosion is a step-by-step process that ends up in elected leaders taking advantage of their power and undermining democracy over time. One of the main potential explanations for this occurring is because of the political leaders and the choices they make based on personal attributes. We specifically discussed leaders’ normative preferences and how democracy can only survive if they value democracy. 

In the case of Trump’s 2020 election alleged crimes, the only way to maintain democratic integrity is by treating him like any other citizen. And thankfully, the court wrote that “any executive immunity that may have protected him while he serves as President no longer protects him against this prosecution.” By making this decision, the courts held a standard that nobody is above the law, even the most powerful person in the country.

Trump’s actions threaten the ability to shape a political culture and institution the right way

The federal court’s decision to not give President Trump immunity also shows their hope to sustain a fairer political culture. Throughout the course, we discussed how the outcomes of political culture are determined by attitudes and norms that later shape the behavior. Holding the President accountable for the alleged crimes that he committed in 2020 will demonstrate the hypothesis that citizens can act collectively to hold the elected officials accountable when they possess social capital. The political culture cannot exist if elected officials only accept results when they win. Trump’s actions pose a threat to our democracy and shall not be given a pass just because of his recent election victory. It would also encourage a civic culture that builds on trusting the system and allowing them to do their job, leading to a more sustainable democracy.

Establishing an effective political institution is necessary to keep a sustainable democracy. In order to do this, we discussed that it matters how government institutions enable vertical and horizontal accountability and effectiveness. By holding President Trump accountable for misinforming the public and creating conspiracies around the 2020 results because they did not result in his victory, it holds him accountable for his wrongdoings and warns him of promoting false stories like this in the future. Questioning America’s election process is extremely dangerous because it forces the public to wonder if the political process is even worth participating in. Trump’s attempt to reverse the 2020 election results showcases his inability to promote consensus and power-sharing, making it more difficult to survive as a democracy. This could also lead to a party system collapse because a side is unwilling to believe that the other party won, leading to populist demagogues taking power.

Trump’s actions promoted violence and a social divide in the country

Everyone is aware of what took place on January 6th, 2020. Several Trump supporters stormed the Capitol protesting in support of President Trump after he falsely claimed to try and overturn the results. Labeled as a mob, five people died during the riot and the fault lies directly on President Trump. In a NBC’s “Meet the Press” interview, Trump claimed that he did receive counsel from multiple people that the 2020 election was not stolen but still decided to carry on with his false claims.

Trump specifically pushed false claims of voter fraud, voting machines switching votes, and “dead people” having votes submitted. Even when state and federal officials informed him of his loss, he ignored their facts and pushed his own agenda. And this agenda ultimately ended up in him persuading several of his supporters to promote violence. It is important to ask ourselves: Is this a healthy way of sustaining our democracy? Allowing this behavior to not face the consequences in court because of power showcases the government’s lack of accountability. It is important that we discourage this selfish behavior so that we can prevent our democracy from eroding in the future.

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2 Comments

  1. Nina Cassinello

    Hi Manas! I think you bring up some very good points centering around the fact that democracy will only flourish if it is being exemplified by the very leader of the democracy, the President. You’re right, the courts set the correct tone by making it clear Trump would not be held on a pedestal when it comes to the crimes he has committed, but it is important to also address the rebuttal to that argument which is that he still has control over bureaucracies and political institutions that allow him to make political decisions that are either irrational or simply not allowed. I appreciated the point you made about political culture and how it should exist even when elected officials lose, which contributed to the other point you made about how power sharing is important. I agree that it does more harm than good when elected officials who lose stop having faith in the government or state of the nation. That just leads to dismantling of civic culture and lack of trust in systems.

  2. Brighid Montes

    Hello, I really enjoyed your blog. This teaches us among other important things that democracy is only as strong as the institutions and standards upholding it. The decision of the federal court that Trump lacks immunity supports the concept that, regardless of their position, democratic integrity has to be maintained by making all leaders answerable. The legitimacy of democratic government is threatened by a justice system that applies the law according on political power instead than legal excellence.

    Moreover, it is true that Trump’s activities help to explain the democratic deterioration. I believe the fall of democratic always starts with leaders who aim to control institutions for either political or personal benefit. This trend is best shown by Trump’s ongoing attempts to question the validity of the 2020 election—despite overwhelming data demonstrating otherwise. He has created a political environment in which losing is connected with fraud by erasing confidence in elections, therefore compromising the basic basis of electoral democracy.

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