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Donald Trump indictment sends American politics into uncharted waters

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Supporters of former U.S. president Donald Trump protest outside the Manhattan district attorney’s office in New York City on March 21.LEONARDO MUNOZ

American presidents have traduced civil liberties, committed perjury, obstructed justice, and fostered corruption. They have acted in contempt of Congress, condoned arms smuggling and violated campaign-spending laws. They have committed and covered up crimes. But never before has anyone who occupied the country’s highest office – one who has sworn in public to “preserve, protect and defend the Constitution of the United States” – been criminally indicted.

With this presidential precedent shattered by the indictment of Donald Trump, American politics is entering uncharted waters, without buoys, day beacons, safe-water marks or fog signals.

Mariners and swimmers know that the Potomac River, which runs through Washington and defines the capital’s boundary on the left descending bank, is regarded as perhaps the most dangerous of navigable waters. Until now, presidents – who from Abraham Lincoln (who suspended habeas corpus during the Civil War) and Grover Cleveland (accused of rape) to John F. Kennedy (implicated in the assassination of a president of Vietnam) and Richard Nixon (who presided over the Watergate cover-up if not the crime itself) – have negotiated the strong underwater currents of one of the nation’s most fabled rivers. All of Mr. Trump’s 43 predecessors have avoided criminal indictment, none has been arrested, and most have even evaded serious threats to their reputations in the court of public opinion.

Trump supporters and critics gather outside of a Manhattan courthouse on March 23. The former president faces new, extraordinary and unparalleled legal threats even as he embarks on his third White House campaign.Spencer Platt/Getty Images

Mr. Trump, who signalled that he expected the dramatic development, has called on his supporters to undertake protests to “take our nation back,” a potentially incendiary prompt that was as an echo of his remarks minutes before the 2021 siege at the Capitol and that could lead to fresh dangerous street confrontations

He faces new, extraordinary and unparalleled legal threats even as he embarks on his third White House campaign, leads the race to win the Republican presidential nomination, and is a strong contender to become the first chief executive since Cleveland himself to win nonconsecutive presidential terms in next year’s general election.

The legal action against Mr. Trump comes in the face of long-standing custom that presidents are not charged with crimes; for generations, Americans have resisted criminalizing political behaviour, and in 1973, as the Watergate scandal was unfolding, an internal memo prepared by the Justice Department’s Office of Legal Council argued that sitting presidents could not be indicted. A quarter century later, the independent counsel in the Bill Clinton imbroglio growing out of his affair with a White House intern decided to pass on the option of indicting the president.

Neither the Justice Department nor the Supreme Court has ruled on whether former presidents can legally face indictment. There are, moreover, no bars to an indicted or convicted individual becoming president or continuing to serve as president. The Constitution provides such a barrier only through impeachment in the House of Representatives and conviction in the Senate. Mr. Trump was impeached twice but was not convicted in either occasion.

GIORGIO VIERA

Supporters of former U.S. president Donald Trump protest near Mar-a-Lago in Palm Beach on March 21.GIORGIO VIERA

Now Mr. Trump – and the country he led for four stormy years – must navigate waters that the former president already has roiled with his incendiary style, his devoutly loyal political base, and his quiet signals of approbation to his sliver of violence-prone vigilantes.

All this in a New York case that even Mr. Trump’s most ardent critics might concede is a peripheral crime, far less publicly consequential than encouraging the Jan. 6, 2021, insurrection on Capitol Hill, seeking to overturn the 2020 election, or squirrelling away secret government documents at his Mar-a-Lago home.

Mr. Trump will be charged with involvement in a $130,000 hush-money payment to the porn star Stormy Daniels, with whom he is alleged to have conducted a sexual affair – a relative misdemeanour, in the view of his opponents, after a presidency of felonies, the political equivalent of indicting the gangster Al Capone, implicated in bootlegging and mass gang murders, for tax evasion in 1931. The indictment comes as separate criminal charges are being weighed in investigations in Georgia and by the U.S. Justice Department.

In the first breath of the First World War, the German battleship Goeben escaped British Royal Navy pursuit across the eastern Mediterranean and found safe refuge in Constantinople, prompting Winston Churchill to reflect in his war memoir that “The terrible ‘Ifs’ accumulate.” Now, “The terrible ‘Ifs’ accumulate” in peacetime American politics – and many of the heretofore forbidden, and incontrovertibly forbidding, questions are accumulating in the choppy waters of United States civic life.

Will Trump’s indictment, in a bizarre twist, enhance his appeal among members of his base?Spencer Platt/Getty Images

Could Mr. Trump face imprisonment? Will the Trump indictment on a peripheral charge seem gratuitous and vengeful? Will it hurt the former president’s political prospects?

Or will it, in a bizarre twist, enhance his appeal among members of his base the way the twin indictments – for bribery and mail fraud – of Boston Mayor James Michael Curley, whose political style shared elements of Mr. Trump’s, only boosted his supporters’ devotion after his imprisonment in 1947. (The Republican governor of Massachusetts and the state’s Republican legislature feared that declaring the mayoralty vacant would create a populist backlash that would only increase Mr. Curley’s popularity. The mayor eventually was pardoned by President Harry Truman, a course that president Gerald Ford followed after Mr. Nixon resigned in 1974 and that President Joe Biden might find himself considering in this case.)

Mr. Trump’s opponents, his closest aides, the Manhattan district attorney’s office, New York State court officers and the Secret Service all have anticipated this moment, with the various parties, suddenly transformed into contending interests, conducting the civilian equivalent of military war games on how to handle this development and its fallout. There are few if any precedents to confront the political dimensions of this development – and no buoys to guide Americans’ passage.

 

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Trudeau says ‘all sorts of reflections’ for Liberals after loss of second stronghold

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OTTAWA – Prime Minister Justin Trudeau say the Liberals have “all sorts of reflections” to make after losing a second stronghold in a byelection in Montreal Monday night.

His comments come as the Liberal cabinet gathers for its first regularly scheduled meeting of the fall sitting of Parliament, which began Monday.

Trudeau’s Liberals were hopeful they could retain the Montreal riding of LaSalle—Émard—Verdun, but those hopes were dashed after the Bloc Québécois won it in an extremely tight three-way race with the NDP.

Louis-Philippe Sauvé, an administrator at the Institute for Research in Contemporary Economics, beat Liberal candidate Laura Palestini by less than 250 votes. The NDP finished about 600 votes back of the winner.

It is the second time in three months that Trudeau’s party lost a stronghold in a byelection. In June, the Conservatives defeated the Liberals narrowly in Toronto-St. Paul’s.

The Liberals won every seat in Toronto and almost every seat on the Island of Montreal in the last election, and losing a seat in both places has laid bare just how low the party has fallen in the polls.

“Obviously, it would have been nicer to be able to win and hold (the Montreal riding), but there’s more work to do and we’re going to stay focused on doing it,” Trudeau told reporters ahead of this morning’s cabinet meeting.

When asked what went wrong for his party, Trudeau responded “I think there’s all sorts of reflections to take on that.”

In French, he would not say if this result puts his leadership in question, instead saying his team has lots of work to do.

Bloc leader Yves-François Blanchet will hold a press conference this morning, but has already said the results are significant for his party.

“The victory is historic and all of Quebec will speak with a stronger voice in Ottawa,” Blanchet wrote on X, shortly after the winner was declared.

NDP Leader Jagmeet Singh and his party had hoped to ride to a win in Montreal on the popularity of their candidate, city councillor Craig Sauvé, and use it to further their goal of replacing the Liberals as the chief alternative to the Conservatives.

The NDP did hold on to a seat in Winnipeg in a tight race with the Conservatives, but the results in Elmwood-Transcona Monday were far tighter than in the last several elections. NDP candidate Leila Dance defeated Conservative Colin Reynolds by about 1,200 votes.

Singh called it a “big victory.”

“Our movement is growing — and we’re going to keep working for Canadians and building that movement to stop Conservative cuts before they start,” he said on social media.

“Big corporations have had their governments. It’s the people’s time.”

New Democrats recently pulled out of their political pact with the government in a bid to distance themselves from the Liberals, making the prospects of a snap election far more likely.

Trudeau attempted to calm his caucus at their fall retreat in Nanaimo, B.C, last week, and brought former Bank of Canada governor Mark Carney on as an economic adviser in a bid to shore up some credibility with voters.

The latest byelection loss will put more pressure on him as leader, with many polls suggesting voter anger is more directed at Trudeau himself than at Liberal policies.

This report by The Canadian Press was first published Sept. 17, 2024.

The Canadian Press. All rights reserved.

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NDP declares victory in federal Winnipeg byelection, Conservatives concede

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The New Democrats have declared a federal byelection victory in their Winnipeg stronghold riding of Elmwood—Transcona.

The NDP candidate Leila Dance told supporters in a tearful speech that even though the final results weren’t in, she expected she would see them in Ottawa.

With several polls still to be counted, Conservative candidate Colin Reynolds conceded defeat and told his volunteers that they should be proud of what the Conservatives accomplished in the campaign.

Political watchers had a keen eye on the results to see if the Tories could sway traditionally NDP voters on issues related to labour and affordability.

Meanwhile in the byelection race in the Montreal riding of LaSalle—Émard—Verdun the NDP, Liberals and Bloc Québécois remained locked in an extremely tight three-way race as the results trickled in slowly.

The Liberal stronghold riding had a record 91 names on the ballot, and the results aren’t expected until the early hours of the morning.

This report by The Canadian Press was first published Sept. 16, 2024.

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Another incumbent BC United MLA to run as Independent as Kirkpatrick re-enters race

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VANCOUVER – An incumbent BC United legislative member has reversed her decision not to seek re-election and has announced she’ll run as an Independent in the riding of West Vancouver-Capilano in the upcoming British Columbia election.

Karin Kirkpatrick has been a vocal critic of BC United Leader Kevin Falcon’s decision last month to suspend the party’s campaign and throw support behind the B.C. Conservatives under John Rustad.

Kirkpatrick announced her retirement this year, but said Monday that her decision to re-enter the race comes as a direct result of Falcon’s actions, which would force middle-of-the-road voters to “swing to the left” to the NDP or to move further right to the Conservatives.

“I did hear from a lot of constituents and a lot of people who were emailing me from across B.C. … that they didn’t have anybody to vote for,” she said. “And so, I looked even at myself, and I looked at my riding, and I said, ‘Well, I no longer have anybody to vote for in my own riding.’ It was clearly an issue of this missing middle for the more moderate voter.”

She said voters who reached out “don’t want to vote for an NDP government but felt deeply uncomfortable” supporting the provincial Conservatives, citing Rustad’s tolerance of what she calls “extreme views and conspiracy theorists.”

Kirkpatrick joins four other incumbent Opposition MLAs running as Independents, including Peace River South’s Mike Bernier, Peace River North’s Dan Davies, Prince George-Cariboo’s Coralee Oakes and Tom Shypitka in Kootenay-Rockies.

“To be honest, we talk just about every day,” Kirkpatrick said about her fellow BC United incumbents now running as Independents. “We’re all feeling the same way. We all need to kind of hold each other up and make sure we’re doing the right thing.”

She added that a number of first-time candidates formerly on the BC United ticket are contacting the group of incumbents running for election, and the group is working together “as good moderates who respect each other and lift each other up.”

But Kirkpatrick said it’s also too early to talk about the future of BC United or the possibility of forming a new party.

“The first thing we need to do is to get these Independent MLAs elected into the legislature,” she said, noting a strong group could play a power-broker role if a minority government is elected. “Once we’re there then we’re all going to come together and we’re going to figure out, is there something left in BC United, BC Liberals that we can resurrect, or do we need to start a new party that’s in the centre?”

She said there’s a big gap left in the political spectrum in the province.

“So, we just have to do it in a mindful way, to make sure it’s representing the broadest base of people in B.C.”

Among the supporters at Kirkpatrick’s announcement Monday was former longtime MLA Ralph Sultan, who held West Vancouver-Capilano for almost two decades before retiring in 2020.

The Metro Vancouver riding has been a stronghold for the BC Liberals — the former BC United — since its formation in 1991, with more than half of the votes going to the centre-right party in every contest.

However, Kirkpatrick’s winning margin of 53.6 per cent to the NDP’s 30.1 per cent and the Green’s 15.4 per cent in the 2020 election shows a rising trend for left-leaning voters in the district.

Mike McDonald, chief strategy officer with Kirk and Co. Consulting, and a former campaign director for the BC Liberals and chief of staff under former Premier Christy Clark, said Independent candidates historically face an uphill battle and the biggest impact may be splitting votes in areas where the NDP could emerge victorious.

“It really comes down to, if the NDP are in a position to get 33 per cent of the vote, they might have a chance of winning,” McDonald said of the impact of an Independent vote-split with the Conservatives in certain ridings.

He said B.C. history shows it’s very hard for an Independent to win an election and has been done only a handful of times.

“So, the odds do not favour Independents winning the seats unless there is a very unique combination of circumstances, and more likely that they play a role as a spoiler, frankly.”

The B.C. Conservatives list West Vancouver School District Trustee Lynne Block as its candidate in West Vancouver-Capilano, while the BC NDP is represented by health care professional Sara Eftekhar.

Kirkpatrick said she is confident that her re-entry to the race will not result in a vote split that allows the NDP to win the seat because the party has always had a poor showing in the riding.

“So, even if there is competition between myself and the Conservative candidate, it is highly unlikely that anything would swing over to the NDP here. And I believe that I have the ability to actually attract those NDP voters to me, as well as the Conservatives and Liberals who are feeling just lost right now.”

This report by The Canadian Press was first published Sept. 16, 2024.

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