lJustice gave way in the United States even before Donald Trump returned to the Oval Office. By calling for the cessation of prosecutions in two federal investigations whose legitimacy was beyond any doubt: the role of the former president in the assault by his followers against the Capitol on January 6, 2021, to prevent the coming to power of Joe Biden and the tenacious retention of classified documents after his departure from power: special prosecutor Jack Smith took note of a political balance of power that had become unsustainable.
The rule of law will be affected for two reasons. On the one hand, this defeat of accountability places citizen Donald Trump – now president-elect – above the law due to past events. On the other hand, the continuation of these investigations would also have made it possible to clarify the scope of the immunity granted on 1Ahem July by the conservative majority of the Supreme Court to a tenant of the White House in the exercise of his duties. The president of the highest judicial body in the United States, John Roberts, assured that it cannot be total. In the absence of clarification, immunity, which Donald Trump only understands in its maximalist form, could well rhyme with impunity for future acts.
The composition of the future administration clearly indicates what part of its role will be: ensuring the protection of the Republican. The fate of the federal police, subjected to scrutiny during the search of his residence in Florida, in 2022, will be resolved with this criterion. Nearly eight years ago, he harbored an insatiable grudge against his attorney general, Jeff Sessions, the first Republican senator to join him, for failing to play this shielding role. By placing Republican-funded lawyers who fought for him in court at the head of the Justice Department, he dispelled any ambiguity, if any remained.
The Ukraine question
The transition is already marked by the desire to free ourselves from norms. The opacity of its financing, highlighted by the New York Timestestifies to it. The president-elect renounced the planned federal funds to preserve the possibility of receiving an unlimited amount of donations from private financial interests certainly motivated by considerations other than the common good, without having to make the names of the donors public.
The impunity suggested by the transition will not only affect American internal affairs. The selection of Fox News reporter Pete Hegseth to lead the Pentagon is another potential example of deregulation. In this case, it is a possible waiver of the limitations imposed by the laws of war, which would extend beyond the borders of the United States, if the Senate does not obstruct this designation.
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