Analysis: The Intersection of Politics and Justice in the Hunter Biden and Trump Trials
As Hunter Biden's legal proceedings blur the lines between the courtroom and the campaign trail, concerns arise over the politicization of justice. Explore the implications of this troubling trend with insights from W. James Antle III.
W. James Antle III, executive editor of the Washington Examiner magazine and author of “Devouring Freedom: Can Government Ever Be Stopped?” shares his views in this commentary. The opinions expressed are his own. You can find more opinions on CNN.
Jury selection for Hunter Biden’s gun trial started on Monday, highlighting a concerning trend where courtrooms are becoming like campaign trails. This is not a positive development.
W. James Antle III
W. James Antle III
Biden's trial follows the recent historic conviction of former President Donald Trump on 34 felony counts of falsifying business records. Trump also has three other criminal cases pending against him. This sets the stage for an election showdown between the current president, whose son is facing federal criminal charges linked to a 2018 firearm purchase, and a convicted felon.
In a time where political divisions are strong, we may be going in a troubling direction. The idea of the justice system being seen as influenced by politics could be very harmful, let alone if it actually happens.
Back in 2016, Democrats were shocked when Trump backed the chants of “lock her up” directed at Hillary Clinton, who was running for president as a Democrat. The issue revolved around Clinton’s handling of emails with classified information, which was under investigation at the time (although she was not charged). Many people viewed the chants at the rallies as a way to punish a political opponent.
In 2024, Trump faced charges from a Democratic district attorney in New York named Alvin Bragg. Bragg had promised to take on Trump in court and hold him accountable, winning the case with a unanimous jury verdict. However, Bragg used unconventional legal theories to turn Trump's minor bookkeeping errors into serious felonies, a departure from the usual practice of the district attorney. The judge in the case, Juan Merchan, had made small political contributions to Biden, raising concerns about impartiality due to state judicial ethics rules.
Legal experts were divided on the case, with some questioning the actions taken. Both state and federal investigators had investigated Trump's hush money payment to Stormy Daniels before the 2016 election but had chosen not to prosecute him for campaign finance violations. Even if the payment to Daniels was considered a campaign expenditure, it was not the only questionable one in recent American politics. In 2022, Clinton and the Democratic National Committee were fined for failing to disclose financial support for the controversial Trump-Russia dossier.
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Trump is okay with the possibility of prison time or house arrest, but he is uncertain if the public would approve. Additionally, some people have been celebrating the idea of Trump being convicted, with prominent liberals even suggesting it should be a key focus in the Democratic campaign messaging. Early signs indicate that President Joe Biden may go along with this approach.
It's common for candidates to bring up their opponent's criminal convictions during a campaign. Some voters may think that calling Trump a "convicted felon" was more about politics than actual legal concerns. Democrats managed to bring one of Trump's criminal cases to trial before the election, knowing that the appeals process could drag on past Election Day. If the conviction is overturned, it will likely happen after the election, just like the other three cases Trump is trying to delay.
Some Democrats suspect that the cases against Hunter Biden were only brought forward to satisfy Republicans who accused the justice system of being used against Trump.
Hunter Biden had a plea deal with the federal government for his tax and gun charges, but it fell apart when congressional Republicans criticized it as unfair and part of a system that favors certain individuals over others. This was in contrast to how the Justice Department and other authorities treated Trump.
The cases against Trump and Hunter Biden, whether driven by political motivations or not, will undoubtedly have political implications. Trump is facing criminal charges and is on the verge of receiving a sentence. On the other hand, the Hunter Biden trial is expected to cause trouble for the president during an election year.
Once the system’s credibility is damaged, it can be challenging to restore. Democrats emphasized the importance of upholding certain political and institutional norms during Trump’s presidency. These norms are not necessarily laws, but they play a crucial role in maintaining the credibility of the rule of law.
While the cases against Trump may be handled separately by different jurisdictions, in the current political climate, they appear to some members of the public as a legal onslaught. This collection of efforts to hold Trump accountable may be viewed as a haphazard attempt to target him by any means necessary. Failing to exercise prosecutorial discretion in the New York case could potentially weaken all the cases politically, if not legally. Concerns about the justice system have already been raised, as seen in the scrutiny of Hunter Biden’s jury selection process.
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Democrats might regret setting a precedent with the first felony conviction of a former president if Trump wins and behaves as warned. Some experts believe this case was the weakest of all.
Trump and his associates have discussed seeking revenge. If he is re-elected, there is a chance that this threat may not be forgotten as easily as his promise to "lock her up" was. However, a more blatant politicization of the justice system would be even more concerning.
Compared to most politicians, Trump and Hunter Biden have been under the spotlight for a long time. Their risky behavior over the years has caused some people to lack sympathy for their legal troubles.
But if highly charged prosecutions in a partisan political environment become more normal, we will all regret it.
Editor's P/S:
The article delves into the concerning trend of politicization in the justice system, as exemplified by the high-profile trials of Hunter Biden and former President Donald Trump. The author argues that the use of courtrooms as political battlegrounds undermines the credibility of the rule of law and sets a dangerous precedent.
The article highlights the potential consequences of allowing political motivations to influence criminal prosecutions, such as the potential for revenge and further erosion of public trust in the justice system. It also raises questions about the fairness and impartiality of trials when political agendas are at play, as evidenced by the scrutiny surrounding the jury selection process in Hunter Biden's case. The author emphasizes the importance of upholding political and institutional norms to maintain the integrity of the legal system and prevent the weaponization of justice for partisan gain.
