US democracy at risk without an accountable presidency

The US Declaration of Independence includes the famous line that "all men are created equal." However, recent rulings by US courts have raised questions about this principle, as the federal justice department has determined that the nation's president, unlike other citizens, is shielded from criminal prosecution, News.az reports citing Deutsche Welle.

This disparity is further highlighted by the return of Donald Trump to the White House, this time as the first convicted felon to become president.

Trump faced no constitutional barriers to taking the highest office, and his November election victory was uncontested by the opposing party .

Despite this, observers continue to question whether Trump should have been handed a custodial sentence for his conviction, whether other charges against him should have been pursued, and what his return to the presidency as a felon means for the rule of law in the US.

Recap: the trials of Donald Trump

Trump was found guilty by a New York jury on 34 felony counts in a scheme to illegally influence the 2016 election through a hush money payment scheme to adult film actress Stormy Daniels.

In January 2025, Judge Juan M. Merchan sentenced him to an unconditional discharge, meaning he is unencumbered by any penalties. Trump pled not guilty and will appeal the conviction. If unsuccessful, he will likely use his presidential pardon provisions for himself.

Trump also faced three other criminal indictments.

Two of those were federal cases, which have since been abandoned by the Department of Justice (DoJ) due to a long-standing policy of not prosecuting a sitting president.

Those cases related to his involvement with attempts to overturn the 2020 election result, and being in possession of classified documents post-presidency. Special prosecutor Jack Smith published and released a report as he prepared to exit these cases, saying Trump would have likely been convicted had they gone to trial.

The third was a separate trial in Georgia, US, but looks unlikely to proceed due to an ongoing scandal in the prosecutor's office.

Separately, Trump was also found liable in two civil defamation lawsuits brought by journalist E. Jean Carroll. As with the New York case, Trump maintained his innocence and plans to appeal these verdicts.

News.Az