America’s Courts, Swinging between the Left and the Right

The United States has a long-established democratic system based on the separation of powers among the executive, legislative and judicial branches. In separating these powers, the Founding Fathers established a foundation that has endured for more than 200 years. However, after Donald Trump transitioned from business to politics and entered the White House, he continually violated the foundational principles the country was built on. In particular, the string of legal dramas before this year’s presidential election continually pose a challenge to the bottom line of the American justice.

It is abundantly clear that President Joe Biden’s Democratic camp wants to use the courts to impede Trump’s campaign, be it the Capitol riot, classified documents case or hush money charges. Trump brought these all upon himself and has no one else to blame. While these cases implicate politics as well as personal ethics, it is understandable that the courts address these matters in an orderly fashion and stick to the basic principle on which a country governed by the rule of law operates.

The presidential election is in November, however, and with Trump involved in numerous litigious cases, both the Democrats and Republicans have taken advantage of using judicial procedures to their advantage. The independence of the judiciary has been fully tested in this battle and, so far, remains firm.

An obvious example of using politics to influence judicial decisions took place at the end of last year when the three Democratic-led states of Colorado, Illinois and Maine cited Section 3 of the 14th Amendment to argue that Trump was ineligible to run for president. This section provides that that anyone who has sworn to uphold the Constitution and later “engage[s] in insurrection or rebellion against the same” cannot serve in Congress or hold any office under the United States, understood to include the presidency and the vice presidency. A majority of Colorado’s Supreme Court held that this disqualified Trump from holding office and that his name should be removed from the ballot.

This amendment, proposed after the Civil War, has long been controversial. The Democratic-led states obviously and intentionally singled out this amendment; they will not give up a chance to diminish Trump’s power. Fortunately, the Supreme Court clearly ruled in March when it overturned Colorado’s Supreme Court and maintained that Congress should decide this issue. Essentially, this allows Trump to remain an eligible candidate.

The Trump executive immunity case would also drag the justices into the political swamp. Department of Justice Special Counsel Jack Smith is trying Trump in connection with the Jan. 6, 2021, Capitol riot, while Trump asserts that the president should have immunity from criminal prosecution. This case has also made its way to the Supreme Court. While the justices have yet to decide unanimously, the conservative justices believe the president should have partial immunity, a view that favors Trump. The Supreme Court has clearly indicated it will not decide the cases before the election, which will help the court avoid entering the political fray.

Similar situations have also played out in elsewhere. A federal judge in Florida has postponed Trump’s trial on charges connected to the taking of classified documents, and in Georgia, Trump’s election interference case has also been postponed indefinitely — all of which benefits Trump.

Currently, the case that has been unstoppable is the hush money case, ongoing now for 14 days, trapping Trump in a New York courthouse. Powerless, Republican members of Congress have taken turns showing support at the courthouse and campaigning for Trump. Even House Speaker Mike Johnson showed up on May 14 in a dramatic demonstration of support.*

The Constitution provides that the House speaker is the third most powerful figure behind the president and the vice president. At the courthouse, Johnson proclaimed the trial to be a “miscarriage of justice” — an unprecedented action by a speaker. This is no small matter. Doesn’t it shake a country’s foundation when the leader of the legislature accuses the country’s judiciary of being unfair? The Associated Press has pointed out how rare this is in America’s political history.

Every day, the drama of this election, which has extended into the courtroom, is being played out in front of the world, and the final act is yet to come. The independence of the American judiciary, swinging between the selfish interests of both parties, is being severely tested. Others, as well as Taiwan, can learn from America’s experience.

*Editor’s note: On May 30, a New York jury found Donald Trump guilty of all 34 charges in the hush money case.