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Opinion: The election shredded the rule of law

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Opinion: The election shredded the rule of law

Being elected president truly is a get-out-of-jail-free card for Donald Trump, but the greater concern should be for what this means for the rule of law in this country. On Friday, New York Judge Juan M. Merchan upheld Trump’s 34 felony convictions for falsifying business records. Merchan set sentencing for Friday, Jan. 10, and indicated that he would likely take the very unusual step of unconditionally discharging Trump’s sentence. In plain English, this means that Trump will face absolutely no legal consequences from his convictions — not prison, not probation, not a fine.

Trump’s lawyers are trying to halt even the signaled unconditional discharge while they appeal. But Merchan realistically has no alternative.

A prison sentence is incompatible with Trump serving as president of the United States. The appellate courts surely would overturn a prison sentence, holding that, under the Constitution, being elected president preempts the ability of a state to interfere with that by imprisonment. Trump could not perform his constitutional duties as president from a prison cell in New York. Nor would it make sense for a state judge to put the president on probation and supervise his actions with the threat of revocation and imprisonment.

Trump faced up to four years in prison for the crimes for which he was convicted in New York. A study by the New York Times found that of 30 convictions for falsifying business records in Manhattan in the last decade, no other defendant received an unconditional discharge. All but five received sentences such as jail and prison time, probation and fines; some who entered into plea deals received sentences involving specific conditions, such as paying restitution or completing community service.

Indeed, Michael Cohen, the person who arranged the payment of the hush money that led to Trump’s conviction, was sentenced to three years in prison and served 13 months in custody. Trump, who the jury found orchestrated and was responsible for authorizing the payments, will never serve a day in jail.

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But this is only a part of Trump’s get-out-of-jail-free benefit. He was indicted in the U.S. District Court for the District of Columbia for his acts in attempting to undermine the results of the 2020 presidential election. Had Trump lost in November, he would have been tried and faced a prison sentence if convicted. But the charges were dismissed after Trump was elected because of a Justice Department rule that a sitting president cannot be prosecuted.

This also was the basis for dismissing the indictment against Trump in federal court in Florida for improper handling of classified documents. The charges against him were serious: evidence tampering, willfully retaining national defense information and lying to investigators. If convicted, these charges also would likely have led to a significant prison sentence.

And it must be remembered that last summer the Supreme Court, in Trump vs. United States, ruled that Trump could not be prosecuted for anything he did using official powers granted to the president by the Constitution or a statute. This led to the dropping of some charges against him. The court’s decision provides protection for any official acts taken during his first term, and he assumes office knowing he faces little possibility of prosecution for any illegal acts in the next four years.

It is impossible to reconcile all of this with the most basic notion of the rule of law, the core of which is that no one, not even a president or former president, is above the law. It is captured in the idea, uttered from the beginning of American history, that we are “a country of laws, not people.” The last thing that the framers of the Constitution wanted was to create a president who could not be held accountable for breaking the law.

Trump still faces civil liability for some of his past conduct. Last week, a federal court of appeals upheld a $5-million verdict against Trump for his sexual assault of E. Jean Carroll. Another jury awarded Carroll $83.3 million against Trump for defamation. That verdict is now on appeal. Also, Trump is appealing a $355-million verdict for business fraud against him and his company.

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But none of these civil suits involve the crimes he committed or was charged with. Nor does there seem any way to ever punish him for those felonies.

The assault on the rule of law is also reflected in Trump’s promise to pardon those who participated in the Jan. 6, 2021, attack at the Capitol. So far, more than 1,500 individuals have been charged with federal crimes in connection to Jan. 6. Most of those were misdemeanors, such as trespassing, but hundreds have pleaded guilty to or were convicted of assault or other felonies. The conduct of all was illegal and unconscionable in a democracy, yet they could be absolved of criminal liability.

It is perhaps too easy to ignore that this situation is unique in our republic’s history. Never before has a convicted felon become president. Never before has election as president meant the dismissal of criminal charges. It flouts the very essence of the rule of law that election as president could be a get-out-of-jail-free card.

Erwin Chemerinsky, a contributing writer to Opinion, is dean of the UC Berkeley Law School.

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Video: Virginia Voters Approve New Map Favoring Democrats

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Video: Virginia Voters Approve New Map Favoring Democrats

new video loaded: Virginia Voters Approve New Map Favoring Democrats

Virginia voters approved a new map that could flip four House seats away from Republicans going into the 2026 midterm elections. It was the latest fight in the national redistricting war.

By Shawn Paik

April 22, 2026

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WATCH: Sen Warren unloads on Trump’s Fed nominee Kevin Warsh in explosive hearing showdown

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WATCH: Sen Warren unloads on Trump’s Fed nominee Kevin Warsh in explosive hearing showdown

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Sparks flew on Capitol Hill as Sen. Elizabeth Warren, D-Mass., accused Federal Reserve nominee Kevin Warsh of being a potential “sock puppet” for President Donald Trump.

Warsh, tapped by Trump in January to lead the Federal Reserve, faced a two-and-a-half-hour confirmation hearing before the Senate Banking, Housing, and Urban Affairs Committee.

If confirmed, he would take the helm of the world’s most powerful central bank, shaping interest rates, borrowing costs and the financial outlook for millions of American households for the next four years.

WHO IS KEVIN WARSH, TRUMP’S PICK TO SUCCEED JEROME POWELL AS FED CHAIR?

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Kevin Warsh, nominee for chairman of the Federal Reserve, listens to ranking member Sen. Elizabeth Warren, D-Mass., make an opening statement during his Senate Banking, Housing and Urban Affairs Committee confirmation hearing on Tuesday, April 21, 2026. (Tom Williams/CQ-Roll Call, Inc via Getty Images)

In her opening remarks, Warren sharply criticized Warsh’s record and questioned his independence, arguing he is “uniquely ill-suited for the job as Fed chair” and warning he could give Trump influence over the central bank.

She accused Warsh of enabling Wall Street during the 2008 financial crisis, which fell during his tenure as a Federal Reserve governor when he served from 2006 to 2011.

“In our meeting last week, we discussed the 2008 financial crash, where 8 million people lost their jobs, 10 million people lost their homes and millions more lost their life savings,” Warren said. “Giant banks, however, got hundreds of billions of dollars in bailouts… and he said to me that he has no regrets about anything he did.”

She added that Warsh “worked tirelessly to arrange multibillion-dollar bailouts” for Wall Street CEOs, with nothing for American families.

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The hearing grew more tense as Warren pivoted to ethics concerns, pressing Warsh over his undisclosed financial holdings and questioning him over links to business dealings connected to the late convicted sex offender Jeffrey Epstein.

The two spoke over each other and raised their voices in a heated exchange on Capitol Hill.

WARSH’S $226 MILLION FORTUNE UNDER SCRUTINY AS FED NOMINEE FACES SENATE CONFIRMATION

Sen. Elizabeth Warren: The Fed has been plagued by deeply disturbing ethics scandals in recent years. It’s critical that the next chair have no financial conflicts — none. You have more than $100 million in investments that you have refused to disclose. So let me ask: do the Juggernaut Fund or THSDFS LLC invest in companies affiliated with President Trump or his family, companies tied to money laundering, Chinese-controlled firms, or financing vehicles linked to Jeffrey Epstein?

Kevin Warsh: Senator, I’ve worked closely with the Office of Government Ethics and agreed to divest all of my financial assets.

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Warren: Could you answer my question, please? You have more than $100 million in undisclosed assets. Are any of those investments tied to the entities I just mentioned? It’s a yes-or-no question.

Warsh: I have worked tirelessly with ethics officials and agreed to sell all of my assets before taking the oath of office.

Warren: Are you refusing to tell us if you have investments in vehicles linked to Jeffrey Epstein? You just won’t say?

Warsh: What I’m telling you is those assets will be sold if I’m confirmed.

Warren: Will you disclose how you plan to divest these assets? The public might question your motives if, for example, someone who profits from predicting Fed policy cuts you a $100 million check as you take office.

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Sen. Elizabeth Warren questions Kevin Warsh during his Senate Banking, Housing and Urban Affairs Committee confirmation hearing on Tuesday, April 21, 2026. (Tom Williams/CQ-Roll Call, Inc via Getty Images)

Warsh: I’ve reached a full agreement with the Office of Government Ethics and will divest those assets before taking the oath.

Warren: I’m asking a very straightforward question. Will you disclose how you divest those assets?

Warsh: As I’ve said, I’ve worked with ethics officials.

Warren: I’ll take that as a no.

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In a separate exchange, Warren invoked Trump’s past statements about the Fed and challenged Warsh to prove his independence in real time.

She insisted that Warsh answer whether he believes Trump won the 2020 presidential election and if he would name policies of the president with which he disagrees. The hopeful future Fed chair dodged the question and said he would remain apolitical, if confirmed.

THE ONE LINE IN WARSH’S TESTIMONY SIGNALING A BREAK FROM THE FED’S STATUS QUO

Warren: Donald Trump has made clear he does not want an independent Fed. He has said, “Anybody that disagrees with me will never be Fed chairman.” He’s also said interest rates will drop “when Kevin gets in.” Let’s check out your independence and your courage. We’ll start easy. Mr. Warsh, did Donald Trump lose the 2020 election?

Warsh: Senator, we should keep politics out of the Federal Reserve.

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Warren: I’m asking a factual question.

Warsh: This body certified the election.

Warren: That’s not what I asked. Did Donald Trump lose in 2020?

Warsh: The Fed should stay out of politics.

Warren: In our meeting, you said you’re a “tough guy” who can stand up to President Trump. So name one aspect of his economic agenda you disagree with.

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Kevin Warsh listens to a question during a Senate Banking, Housing, and Urban Affairs Committee confirmation hearing on Tuesday, April 21, 2026. (Graeme Sloan/Bloomberg via Getty Images)

Warsh: That’s not something I’m prepared to do. The Fed should stay in its lane.

Warren: Just one place where you disagree.

Warsh: I do have one disagreement — he said I looked like I was out of central casting. I think I’d look older and grayer.

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Warren: That’s adorable. But we need a Fed chair who is independent. If you can’t answer these questions, you don’t have the courage or the independence.

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Commentary: He honked to support a ‘No Kings’ rally. A cop busted him

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Commentary: He honked to support a ‘No Kings’ rally. A cop busted him

On March 28, a sunny Saturday in southwestern Utah, Jack Hoopes and his wife, Lorna, brought their homemade signs to the local “No Kings” rally.

The couple joined a crowd of 1,500 or so marching through the main picnic area of a park in downtown St. George. Their signs — cut-out words on a black background — chided lawmakers for failing to stand up to President Trump and urged America to “make lying wrong again.”

After about an hour, the two were ready to go home. They got in their silver Volvo SUV, but before pulling away, Jack Hoopes decided to swing past the demonstration, which was still going strong. He tooted his horn, twice, in a show of solidarity.

That’s when things took a curious turn.

A police officer parked in the middle of the street warned Hoopes not to honk; at least that’s what he thinks the officer said as Hoopes drove past the chanting crowd. When he spotted two familiar faces, Hoopes hit the horn a third time — a friendly, howdy sort of honk. “It wasn’t like I was being obnoxious,” he said, “or laying on the horn.”

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Hoopes turned a corner and the cop, lights flashing, pulled him over. He asked Hoopes for his license and registration. He returned a few moments later. A passing car sounded its horn. “Are you going to stop him, too?” Hoopes asked.

That did not sit well. The officer said he’d planned to let Hoopes off with a warning. Instead, he charged the 71-year-old retired potato farmer with violating Utah’s law on horns and warning devices. He issued a citation, with a fine punishable up to $50.

Hoopes — a law school graduate and prosecutor in the days before he took up potato farming — is fighting back, even though he estimates the legal skirmishing could cost him considerably more than the maximum fine. The ticket might have resulted from pique on the officer’s part. But Hoopes doesn’t think so. He sees politics at play.

“I’ve beeped my horn for [the pro-law enforcement] Back the Blue. I’ve beeped my horn for Black Lives Matter,” Hoopes said. “I’ve seen a lot of people honk for Trump and for MAGA.”

He’s also seen plenty of times when people honked their horns to celebrate high school championships and the like.

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But Hoopes has never heard of anyone being pulled over, much less ticketed, for excessive or unlawful honking. “I think it’s freedom of expression,” he said.

Or should be.

Jack and Lorna Hoopes made their own protest signs to bring to the “No Kings” rally in St. George, Utah.

(Mikayla Whitmore / For The Times)

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St. George is a fast-growing community of about 100,000 residents set amid the jagged red-rock peaks of the Mojave Desert. It’s a jumping-off point for Zion National Park, about 40 miles east, and a mecca for golf, hiking and mountain-bike riding.

It’s also Trump Country.

Washington County, where St. George is located, gave Trump 75% of its vote in 2024, with Kamala Harris winning a scant 23%. That emphatic showing compares with Trump’s 59% performance statewide.

St. George is where Hoopes and his wife live most of the time. When summer and its 100-degree temperatures hit, they retreat to southeast Idaho. The couple get along well with their neighbors in both places, Hoopes said, even though they’re Democrats living in ruby-red country. It’s not as though they just tolerate folks, or hold their noses to get by.

“Most of my friends are conservative,” Hoopes said. “Some of the Trump people are very good people. We just have a difference of opinion where our country is going.”

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He was speaking from a hotel parking lot in Arizona near Lake Havasu while embarked on an annual motorcycle ride through the Southwest: four days, a dozen riders, 1,200 miles. Most of his companions are Trump supporters, Hoopes said, and, just like back home, everyone gets on fine.

“Right?” he called out.

“No!” a voice hollered back.

Actually, Hoopes joked, his charitable road mates let him ride along because they consider him handicapped — his disability being his political ideology.

Hoopes is not exactly a hellion. In 2014, he and his wife traveled to Africa to participate in humanitarian work and promote sustainable agriculture in Kenya and Uganda. In 2020, they worked as Red Cross volunteers helping wildfire victims in Northern California.

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Virtually his entire life has been spent on the right side of the law, though Hoopes allowed as how he has racked up a few speeding tickets over the years. (His career as a prosecutor lasted four years and involved three murder cases in the first 12 months before he left the legal profession behind and took up farming.)

He’s never had any problems with the police in St. George. “They seem to be decent,” Hoopes said.

A department spokesperson, Tiffany Mitchell, said illicit honking is not a widespread problem in the placid, retiree-heavy community, but there are some who have been cited for violations. She denied any political motivation in Hoopes’ case.

“He must’ve felt justified,” Mitchell said of the officer who issued the citation. “I can’t imagine that politics had anything to do with it.”

And yes, she said, honking a horn can be a political statement protected by the 1st Amendment. “But, just like anything else, it can turn criminal,” Mitchell said, and apparently that’s how the officer felt on March 28 “and that’s the direction he took it.”

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The matter now rests before a judge, residing in a legal system that has lately been tested and twisted in remarkable ways.

A pair of hands resting on a traffic citation given for alleged excessive honking

Jack Hoopes’ case is now before a judge in St. George, Utah.

(Mikayla Whitmore / For The Times)

As he left an initial hearing earlier this month, Hoopes said his phone pinged with a fresh headline out of Washington. Trump’s Justice Department, it was reported, was asking a federal appeals court to throw out the convictions of 12 people found guilty of seditious conspiracy for their roles in the Jan. 6, 2021, insurrection.

“We have a president that pardons people that broke into the Capitol and defecated” in the hallways and congressional offices, Hoopes said. “Police officers died because of it, and yet I get picked up for honking my horn?”

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Hoopes’ next court appearance, a pretrial conference, is set for July 15.

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