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NY Representative, legal expert weigh in on Trump indictment

A man stands at a podium with "Onondaga County Republican Party" on it.
Chris Bolt
/
WAER News
Former president Donald Trump speaking at an Onondaga County Republican Party event.

The indictment of former president Donald Trump has drawn no shortage of political reaction, including from 24th district congressmember Claudia Tenney.  

“I just think all of this is, is really more about show than it is about our system of justice," Tenney said. "And it really concerns me that we're willing to target people based on their beliefs and target people based on who they are and not on whether there's actually a crime."   

However, Syracuse University Law Professor William Banks said the apparent state charges against Trump are not unusual.

“In white collar crime, these kind of cover up so payments for one purpose or another that are surreptitious, are investigated by grand juries and prosecuted by state level prosecutors pretty frequently,” Banks said.

He said what’s a little unusual, but not unprecedented, is the possible connection between a state charge and a federal campaign finance violation.

What is unprecedented, however, is the indictment of a former president. Banks said the Constitution states, and courts have ruled that presidents are not above the law.

“The Constitution provides that a president can be impeached while in office for high crimes and misdemeanors," Banks explained. "And the Constitution also explicitly says that upon the end of his term, or her term, the President is amenable to the law, like all the rest of us may be prosecuted and convicted for crimes as a regular citizen.”

Meanwhile, Banks said Trump’s legal woes may have only just begun. He faces investigations in Georgia, and by US special counsels regarding interference in the 2020 election and his role in the January 6, 2021 insurrection.

Scott Willis covers politics, local government, transportation, and arts and culture for WAER. He came to Syracuse from Detroit in 2001, where he began his career in radio as an intern and freelance reporter. Scott is honored and privileged to bring the day’s news and in-depth feature reporting to WAER’s dedicated and generous listeners. You can find him on twitter @swillisWAER and email him at srwillis@syr.edu.