The US has no precedents for a former president in the dock, but there are echoes of France’s pursuit of Marshal Pétain, says Guardian columnist Martin Kettle
of Georgia’s vote for Biden. All four cases are due in court in the first half of 2024, before the presidential election in which Trump aims to be a candidate.All of these cases also contain multiple allegations. Two – the Florida document cases and the US Congress case – will be heard in federal courts. The others have been brought at state level by New York and Georgia. All the charge sheets are extremely detailed.
Like it or not, though, these carefully crafted cases take the US into new legal territory. That is not simply because Trump is the first serving or former American president in the nation’s history to face criminal charges. Nor is it even because, being Trump and still running for office, he will treat the courtroom as a political platform.
Nor is it a world away from the much more recent example of Marshal Philippe Pétain’s trial for treason after the liberation of France in 1945. Pétain was charged with treason for his role as head of the collapsing French government in 1940, when he signed an armistice with Hitler’s invaders, and then as head of the puppet Vichy regime that collaborated with the Germans until the allied victory in 1945. Pétain was tried and convicted in Paris that same summer.
But at the same time it was also the trial of a nation, its recent history, its dilemmas and its sense of itself. It was, in the end, a moment of catharsis for postwar France. It was a trial that had to happen, and it was vitally important for the future of France that the former leader in the dock was not acquitted. For all the many differences between the two cases, the exact same applies to the US on the eve of the Trump trials.
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