WASHINGTON DC, KOMPAS.com – As President of the United States, Donald Trump have privileges or privileges, including protection from legal action — both civil and criminal.
This privilege will soon be revoked following his defeat in the 2020 presidential election.
Once the privileges are revoked, Trump will be a regular citizen.
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“Once he leaves the White House, the atmosphere will immediately change,” said Daniel R Alonso, a former federal prosecutor and prosecutor in the state of New York, told BBC.
“There is no power left that can protect him from legal investigations,” said Alonso.
Of particular concern for Trump and his real estate company, the Trump Organization, are the criminal investigations that law enforcement officials carry out in New York.
Beyond that, there are other cases that await, and may be continued after Trump is no longer president, including cases of suspected fraud and sexual harassment.
Adult magazine model Playboy, Karen McDougal, and a porn star, Stormy Daniels, claiming to receive money as payment so they don’t expose their sexual relationship with Trump, ahead of the 2016 presidential election.
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This case is known as the “hush money” scandal.
When McDougal and Daniels discovered the existence of “hush money” in 2018, law enforcement officials launched a criminal investigation.
The focus of the investigation is Michael Cohen, Trump’s personal lawyer.
When investigated, Cohen admitted to arranging payments to McDougal and Daniels.
The court ruled the payments to the two women were campaign finance offenses and Cohen was sentenced to three years in prison in 2018.
Apart from the investigation against Cohen, there are still cases handled by law enforcement agencies in New York.
Manhattan prosecutor Cyrus Vance is investigating whether the Trump Organization faked company documents related to payments to McDougal and Daniels.
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In New York, falsifying company documents is a criminal offense with a maximum penalty of one year in prison.
The problem is, in New York, minor crimes such as falsifying company documents have a time limit of two years, while the payments to McDougal and Daniels were made more than two years ago.
Former federal prosecutor Daniel Alonso said maybe prosecutors in Manhattan could not bring Trump to court in this case.
However, that does not mean the case is completely closed.
In New York, falsifying company documents can be filed in court if it is done to conceal a more serious crime, such as tax evasion.
The duration of the investigation for this more serious crime is longer and the punishment imposed is also heavier.
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2. Cases of alleged sexual harassment
Trump has been accused of sexually abusing several women over the decades.
Trump himself rejected all charges, describing them as a black campaign to destroy his reputation.
Many of these women opened their voices during the 2016 presidential election campaign.
At the time, Trump promised to sue them, but so far he has not taken that step.
In fact, two women have sued Trump.
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One of them, E Jean Carroll, columnist for the magazine She, who accused Trump of raping her in the locker room of a luxury store in 1990s Manhattan. Trump rejects this claim.
In the lawsuit, Carroll said, Trump defamed himself because Trump said it was impossible to rape because Carroll was not his type.
Carroll asked for compensation and urged Trump to retract his words.
A lawsuit was also filed by Summer Zervos, a former participant on Trump’s television show, The Apprentice.
Zervos accused Trump of sexual assault during a meeting to discuss job openings at a hotel in Beverly Hills in 2017.
Trump dismissed these allegations and described Zervos as fabricating the case to become famous.
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Zervos filed a libel suit in 2017 and demanded compensation of at least US $ 3,000 (Rp.42.1 million).
Trump’s lawyers are trying to thwart the lawsuit on the grounds that as president, Trump should have immunity.
“This argument by itself will no longer apply on January 20 (when Trump’s term ends),” Barbara L. McQuade, professor of law at the University of Michigan, told BBC.
3. Kasus Mary Trump
The lawsuit by Mary Trump, President Trump’s nephew, went to court in September.
In this lawsuit, Mary accused Donald Trump and his siblings of fraud against her over the family estate and company.
The lawsuit says Donald Trump and his siblings took action to divert funds that should have belonged to Mary Trump.
It was also stated in the lawsuit that they deceived him by not revealing the true value of the inheritance he should have received.
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Mary Trump is demanding compensation of at least US $ 500,000 (Rp. 7 billion).
So far there has been no response from Donald Trump.
What is clear, if the prosecutor later asks for documents or testimony, Donald Trump can no longer use the presidential duties as an excuse to be absent.
4. Using position for personal gain
Trump has been accused of gaining personal gain by exploiting his position as a public official.
A prohibition on using public office for personal gain is written in the United States constitution.
There are rules in the constitution that require all federal officials, including the president, to obtain congressional approval before accepting benefits or benefits from other states.
There are three lawsuits in Washington that accuse Trump of not seeking Congressional approval.
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One of them, entertaining official state guests at the Trump International Hotel in Washington DC. Trump’s action is considered a violation of the law.
Trump reasoned, however, that the incumbent president also had to earn a living, beyond his salary as a state official.
However, many are pessimistic that this case will continue.
Trump’s alleged violation of the constitution by using public office for personal gain may only become an academic debate.
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United States President Donald Trump listens during Operation Warp Speed at the Rose Garden, White House, Washingtin DC, on November 13, 2020.-
Two other cases
Apart from these four cases, there are cases of tax evasion that have also been accused of Trump.
The attorney in Manhattan, Cyrus Vance, has requested Trump’s financial statements, including tax payment documents during Trump’s tenure as president in the past eight years.
In court, Trump’s team rejected Vance’s request on the grounds that the case was politically motivated. In October, the federal appeals court dismissed Trump’s reasons.
Vance said Trump’s tax payment documents were very important.
When asking for tax payment documents last August, Vance mentioned allegations of bank and insurance fraud at the Trump Organization.
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Trump is expected to appeal and bring the case to the Supreme Court.
There is still one more case involving Trump and Cohen, his personal lawyer.
In February 2019, Cohen told members of Congress that Trump inflated the value of property assets to get loans and downplayed the value of these assets to reduce the amount of taxes he had to pay.
Trump’s side said the authorities were carrying out “political revenge” by investigating this case.
The case was handled by New York prosecutors, Letitia James. He still needs documents and testimony from Trump if he wants to advance the investigation.
While serving as president, Trump said he was too busy to face this case.
When he is no longer president, he certainly cannot use this excuse.
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