A felon in the presidency

On Monday, President-elect Donald J Trump will take the oath of office as the 47th President of the United States (US), cementing his place in history as a leader of unparalleled controversy. He enters the presidency not only with the distinction of being a convicted felon—marked by a New York court’s “unconditional discharge” for falsifying business records tied to a hush-money scheme during his 2016 campaign—but also with remarkable popularity. Despite his felony conviction, Trump’s political charisma has propelled him back to the highest office, even as this conviction curtails certain rights and privileges unless overturned.
This moment underscores a paradox that Socrates warned of millennia ago: “When a democracy is dominated by the pursuit of popularity rather than wisdom, it risks elevating those unfit to govern.” Similarly, Plato cautioned in The Republic about democracy’s vulnerability to leaders who manipulate public sentiment: “Democracy passes into despotism when the thirst for freedom allows bad leaders to gain power through flattery and deceit.” Trump’s enduring popularity amidst controversy exemplifies the enduring tension between democratic ideals and the susceptibility of public opinion to charisma over competence.
As Trump returns to the White House, his resilience in the face of scandal reflects not only the polarised nature of modern American politics but also the fragility of democracy when its foundational principles are tested by unprecedented challenges. This moment invites deeper reflection on the intersection of leadership, accountability, and the dangers of prioritising personal appeal over integrity and justice in governance.
This landmark conviction underscores the enduring tension between the rule of law and the extraordinary privileges often granted to those in positions of immense power. As John Adams, one of the Founding Fathers of the United States, aptly stated, “We are a government of laws, not of men.” This principle resonated loudly as the world watched the judge’s decision reverberate far beyond the courtroom. It sent a powerful message: no individual, regardless of their status, is above the law.
Trump’s conviction symbolises more than a singular legal battle; it serves as a reflection of the broader challenges faced by democracies in holding leaders accountable for misconduct. It invites deeper contemplation on the delicate balance between power and justice, and the resilience of institutions tasked with upholding democratic principles in the face of unprecedented acts.
This article delves into the implications of Trump’s conviction and its relevance to political leadership, particularly in Asia, where the lessons of accountability, institutional integrity, and the struggle for justice hold profound significance. As Mahatma Gandhi wisely observed, “The best way to find yourself is to lose yourself in the service of others.” Leadership, as this moment reveals, demands humility, integrity, and unwavering dedication to the principles of justice and accountability.
A Watershed Moment in American Democracy: Donald J. Trump’s presidency, which lasted from 2017 to 2021, was a watershed moment in American history. It was marked by extraordinary controversies, audacious actions, and an unprecedented departure from democratic norms. The period saw the boundaries between truth and falsehood alarmingly blurred, as evidenced by Trump’s staggering record of more than 50,000 false or misleading statements. These distortions reshaped public discourse, eroded trust in democratic institutions, and amplified political polarisation.
But the point was underlined throughout his presidency with unorthodox, provocative proposals that now seem almost incredible, such as “buying Greenland” and attempting to reclaim the Panama Canal by casual annexation of parts of Canada. In these ways, dangers are illustrated both of untrammeled power and of the fragility possible in democratic regimes when personal ambition is allowed to trump public accountability.
He ironically became the culmination of his presidency as the first-ever convicted felon to rise to the Oval Office, putting into words what British historian Lord Acton said: “Power tends to corrupt, and absolute power corrupts absolutely.” The rise of Trump and all the accompanying actions and decisions carry a significant number of lessons for political leaders around the world, not least in the vast and complex democracies across Asia.
As the great Abe Lincoln, former President of the United States, articulated so succinctly in his time, “Nearly all men can stand adversity, but if you want to test a man’s character, give him power.” The presidency of Trump has turned out to be a profound case study in what could go wrong with leadership let loose from moorings of accountability and integrity-a dire warning of strong institutions and decent governance.
Key Lessons for Asian Leadership: 1. Accountability Should Top Power. The fact that Trump has been able to hold onto influence and political power despite criminal charges shows the tussle between legal accountability and political dominance. This is a lesson that Asian leaders need: to ensure that even the most powerful are held accountable by the law. Without strong accountability mechanisms, corruption and authoritarianism can run amok and dent public trust in democratic processes.
2. The Consequences of Disinformation. Trump’s presidency redefined the role of misinformation in governance. His disinformation strategies-from downplaying the COVID-19 pandemic to propagating baseless claims of voter fraud-undermined public trust and polarised society. For Asian democracies, the lesson is crystal clear: truth and transparency should be an essential ingredient of leadership. Leaders must be against using deceit as a tool to build power, whereby normalising misinformation actually undermines democracy’s very fabric.
3. Institutional Integrity Over Charismatic Leadership. The Trump presidency regularly tested the resilience of US institutions, from the judiciary to Congress and the free press. These institutions faced relentless attacks, yet retained considerable independence and proved important bulwarks against authoritarian tendencies. If one lesson is to be taken away by leaders in Asia from this experience, it is that institutional strengthening, rather than personality-driven governance, is essential. Institutions form a bulwark that guards democracy and needs to be strengthened from internal and external pressures.
4. Symbolic Justice and Its Implications. While Trump’s sentencing carried limited practical consequences, its symbolic weight was profound. Justice must not only be served but also seen to be served, reinforcing public confidence in governance. For Asian democracies, this underscores the importance of ensuring that legal proceedings uphold accountability and equity. Symbolic gestures alone cannot replace substantive justice in addressing systemic challenges.
5. Resisting Authoritarian Tendencies. At many turns, his presidency flirted with authoritarianism-from his penchant for appointing loyalty over merit to his blatant admiration of autocrats such as Vladimir Putin and Kim Jong-un. Asian leaders should avoid yielding to the temptations of populist consolidation of power or undermining the institutions that preserve democracy and guarantee inclusiveness in governance.
Trump’s Unprecedented Actions and Odd Behavior: Trump’s presidency ran in variance with conventional norms of leadership, leaving behind a legacy of unprecedented actions, misinformation, and erratic behavior. The following reflects an expanded analysis of his most controversial decisions and their implications:
1. Record-Breaking Misinformation Trump’s presidency changed the political landscape by intentionally spreading lies.
• Public Health. Trump came out in opposition to the scientific consensus on COVID-19 by promoting unproven treatments, such as hydroxychloroquine, and even dangerous ones-like injecting disinfectants. The results of his actions were delayed responses and contributions to general confusion during the global health crisis.
• Election Integrity. The baseless claims of voter fraud regarding the 2020 election not only undermined any confidence in democratic processes but ultimately contributed to the tragic violence of the January 6th insurrection against one of America’s most sacred democratic institutions.
• Economic Misrepresentation. Trump usually blew up economic successes out of proportion, lied about trade deficits, and gave incorrect information on tax cuts.
2. Unconventional Proposals on Foreign Policy
Trump’s foreign policy was marked by unconventional and sometimes bizarre proposals: o Acquisition of Greenland: The proposal to buy Greenland from Denmark strained U.S.-Danish relations and showcased a transactional approach to diplomacy. o Annexation Remarks: Comments about annexing parts of Canada and taking back the Panama Canal raised concerns about Trump’s understanding of sovereignty and diplomacy.
3. Institutional Violations and Ethical Breaches Trump repeatedly pushed the boundaries of constitutional government:
• Obstruction of Justice. The Mueller Report cataloged the attempts to impede investigations into Russian interference in the 2016 election.
• Emoluments Clause Violations. He leveraged personal profit from the presidency, which further blurred the line between public service and private gain.
• Abuse of the Clemency Power.: Repeated uses on behalf of political allies and others convicted of corruption further diminished any sense of justice and equality before the law.
4. Peculiar Behavior and Bad Judgment
• Hurricane Sharpie Incident. Trump doctored a weather map with a Sharpie to back up a false claim about Hurricane Dorian, symbolizing his disregard for expert advice.
• Covfefe Tweet. A nonsensical tweet became emblematic of his impulsive and erratic communication style.
• Military Parade Demand. Inspired by authoritarian regimes, Trump’s call for a grand military parade raised concerns about militaristic displays of power.
Personal Reflection on Leadership and Governance: At its core, leadership is a responsibility, not a privilege. It demands humility, transparency, and an unshakeable commitment to the public good. Trump’s prioritisation of personal ambition over public service exposed the fragility of democratic institutions when leadership becomes untethered from these principles.
To leaders from around the world, especially in Asia, Trump’s presidency underlines the critical importance of the following:
• Institutions are to be protected as the backbone of democracy.
• Ethics governance that puts people’s interest above self.
• Disinformation curtails the trust of people in the public discourse.
Implications for Rights and Responsibilities: Donald J Trump became the first US president-elect convicted felon just ten days before taking oath as president of the United States. Trump received an “unconditional discharge” from a New York court for falsifying business records in connection with a hush-money scheme during his 2016 campaign. The ruling carries no direct penalty-jail time, fines, or community service-but leaves Trump with a felony conviction on his record, which impacts certain rights and privileges unless overturned.
Trump’s unprecedented felony conviction puts the complex interplay between criminal justice and democratic leadership under the spotlight in the United States and on the global stage. However, the most immediate consequences to Trump will be slight; the case brings into sharp relief the ongoing tension between accountability and privilege that pervades political power. It has become one of those moments that highlight how democracies handle misdemeanors at the highest levels without compromising the institutional integrity of their democracies.
The following is an overview of the impacts and what has remained intact:
Voting Rights. Trump is registered to vote in Florida and has retained his voting rights there. Florida automatically restores the voting rights of felons after serving their sentences, except for those convicted of murder or sex offenses. Because Trump was convicted in New York, and New York did not revoke his voting rights, he is free to vote in Florida.
Ownership of Firearms. Under federal law, felons cannot possess firearms. That means this prohibition now attaches to Trump, and he cannot possess or purchase guns.
Requirement of DNA Sample. As required by New York law, all convicted felons must provide a DNA sample for the state’s crime databank. This involves a noninvasive cheek swab, and the resulting genetic profile is entered into a database used to match crime scene evidence. New York’s databank, connected to the FBI’s Combined DNA Index System, contains over 720,000 profiles.
Eligibility to Hold Office. Because it is a felony, Trump remains eligible to seek federal office, including the presidency. Federal law does not prohibit those convicted of crimes from seeking or holding national office. State laws vary on seeking state and local offices, with some requiring a pardon or expungement.
International Travel. Trump’s presidency affords him a diplomatic passport for travel on official business. He still possesses his ordinary passport. A few countries, such as Canada, the UK, and Israel, have restrictions for visitors who have felony convictions. That would not affect Trump’s travel on official duties as president.
Business Opportunities. A felony conviction for Trump may affect his business in certain industries:
• Liquor Licenses: Laws in such states as New Jersey prohibit individuals convicted of crimes involving “moral turpitude” from holding liquor licenses. But all of Trump’s businesses are owned through corporate entities, which protects them.
• Gaming Licenses: Felony convictions, in general, make it impossible for individuals to obtain gaming licenses, which could bar Trump from reentering the casino industry. But Trump no longer operates casinos in Atlantic City.
Pardon Prospects. The only avenue that could lead to a pardon for this state conviction for Trump would be by New York Gov. Kathy Hochul. Presidential pardons extend only to federal crimes and do not include state convictions. Hochul, a Democrat, has stated that the application process in their state requires those seeking clemency to express remorse, an action that Trump has refused as he calls this case a “hoax” perpetrated politically.
Symbolism of Conviction. The “unconditional discharge” handed by the judge was an extremely rare and lenient sentence, reflecting the complex considerations of prosecuting a president-elect. While it carries no immediate penalties, the conviction holds significant symbolic weight. It reinforces the principle that no one, not even the president-elect, is above the law.
Global Implications and the Asian Context: The Trump presidency offers profound lessons for political leaders in Asia and beyond, serving as a compelling reminder that the true strength of democracy does not reside in its individual leaders but in its unwavering commitment to accountability, transparency, and justice. His tenure underscored the fragility of democratic systems when leadership prioritises personal ambition over collective well-being and revealed the critical role of institutions in safeguarding democratic principles.

As Franklin D. Roosevelt once observed, “The only thing we have to fear is fear itself.” This timeless wisdom highlights that effective leadership is rooted not in the pursuit of personal power, but in the courage to act selflessly for the greater good. True leadership wields power with humility, guided by the values of fairness, integrity, and service to others. For political leaders in Asia, this reflection is a clarion call to fortify their democracies, ensuring that governance remains a force for unity, progress, and justice. In the end, it is through enduring fidelity to these ideals that the promise of democracy truly thrives.

By Serajul I Bhuiyan, Professor and former Chair, Department of Journalism and Mass Communications, Savannah State University, Savannah, Georga, USA. [email protected]