“Justice and political power: Jesús Rivera Delgado, trial lawyer in criminal cases, reflects on the dismissal of criminal cases against Donald Trump.
By Daniel Rivera Vargas
The dismissal or suspension of several criminal cases against Donald Trump should not be surprising, considering his comfortable victory in the elections and the impact that the United States presidency has on society, said Jesús Rivera Delgado, a litigator in criminal cases at the national level. state and federal.
«That was predictable. There are people who think that the institution of the presidency must be preserved at any cost, perhaps others out of fear of Trump’s promises and the control he has over the American nation. It should be noted that at this moment he won decisively, he basically swept, and that weighs on many people. Now he not only won the electoral college but also the popular vote,” Rivera Delgado mentioned.
Donald Trump was facing two state and two federal criminal cases, but these have been diluted a few weeks after his victory over Kamala Harris, Democratic presidential candidate.
For example, Judge Juan Merchan, a judge of the state court of New York, announced last week that he was leaving sine die – that is, without a defined date – the holding of the sentencing hearing against Trump, related to his conviction last May. on 34 counts of falsifying campaign documents during his race against Hillary Clinton in 2016.
Likewise, on Monday, federal prosecutor Jack Smith announced that he would request the dismissal of federal charges against the recently re-elected president in two criminal cases: the one related to the concealment of confidential files at his Mar-a-Lago residence.
At the time of writing this note, it had not been reported what will happen with the state case in Georgia, also linked to the acts after the 2020 elections. However, Rivera Delgado considers that this case could have an outcome similar to that of the others. .
In his interview with Microjuris, Rivera Delgado noted that, if Trump were eventually sentenced in the New York case or if the Georgia case continued and resulted in a conviction, it is important to remember that the matter could reach the United States Supreme Court . In addition, he stressed that said court will probably rule in his favor, as it has already done on several occasions.
“The Supreme Court rejects 97% of the cases presented to it, but they can choose the cases they want.”
Rivera Delgado stated that this represents a kind of extension of the recent US Supreme Court decision on presidential immunity.
Although the decision limits said immunity to acts carried out during the exercise of presidential office, it specified that many will interpret this doctrine more broadly, extending it to other areas. This could result in even more flexible protection against criminal charges than originally established in case law.
Impact of state ruling against Donald Trump after his re-election as president
“This has spread and it seems that everything he (Trump) does is covered by presidential immunity,” said Rivera Delgado.
The also professor at the University of the Sacred Heart and president of the board of directors of the Legal Aid Society expressed his regret, especially for the decision not to continue with the case related to the so-called insurrection of 2021.
«He is being given the green light to remain unpunished for the actions of January 6. We have to remember that January 6, 2021 was an insurrection, incited by him, in which people died. An insurrection. If that were caused by Latinos, blacks or minority groups, it would have ended in a clean shot, Rivera Delgado said.
«That attacks the institutions. January 6 is the day the president of the United States is officially elected. Obviously the election is the starting point, where everything begins, and in December there is a process where the electoral college is ratified and the last vote is on January 6. That matter of January 6 is more transcendental than it seems, there the process of electing the president was being ratified,” he added.
Likewise, Rivera Delgado said that this process reveals a unique scenario regarding the issue of constitutional rights.
«It is interesting that Trump is taking advantage of constitutional rights, exercising his freedom of expression, but in terms of the message he is announcing he endangers the rights of people who are not at his social level. The rights of the accused, civil and constitutional rights, which are based on human rights, could be at risk for society. In terms of the things that he has said and that the voters of the United States have endorsed, and he is interpreting it as a mandate,” he stated.
He mentioned, for example, the intention to use the army against the civilian population, as in the case of the project to expel undocumented immigrants.
He also highlighted the impact that his plan to reduce the number of federal government employees by 75% would have, considering that this has historically been the government arm in charge of protecting the civil rights of marginalized communities.
“To the extent that you dismantle the federal government, you are dismantling rights,” said Rivera Delgado.
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