Sunday, March 19, 2023

Above the Law?

There is an unmistakable parallel between the International Criminal Court’s arrest warrant for Putin and Trump’s imminent indictment in New York. Trump, of course, has often expressed his admiration for Putin, and tried to emulate his authoritarian tactics after he lost the 2020 election.

Given what happened when Trump incited his supporters to march on the U.S. Capitol on Jan. 6th, 2021, it is deeply disturbing that he is once again calling for protests if and when he is arrested. If violence occurs, we may once again face a Constitutional crisis here in the U.S.

Meanwhile, it is highly unlikely the ICC will be able to enforce its order to arrest Putin anytime in the foreseeable future, so he will remain an alleged war criminal who remains free to commit more crimes.

So what does all of this mean for the principle that no one is above the law?

We’re about to find out. If the rule of law, domestically and internationally, is to remain viable, court orders have to be enforceable and they have to be enforced.

In this context the ICC warrant is one thing — neither Russia nor the U.S. is a signatory to the agreement establishing its jurisdiction.

And in the U.S., although the legal path forward is clearer, no former President has ever been arrested, so if this happens, it will represent an event without precedent.

Stay tuned.

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