The Illegitimate President: Why Not Lock Him Up?

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Photo by roya ann miller on Unsplash

Lock him up! Why not?

Why should the 45th President be above the law. A Justice Department policy says a president should not be indicted. Special Investigator Robert Mueller has said that he will abide by this Justice Department dictate.

However, the Constitution of the United States of America does not prohibit a president, sitting or otherwise, from being indicted for alleged criminal activity. And if convicted, hauled off to jail like any convicted felon.

It is true the framers of our constitution put in place a checks and balances system to prevent any of the three branches of government they created from violating the law.

But these are extraordinary times as the system of checks and balances have become corrupted by loyalty to a political party (a creature which did not exist when the framers penned this seminal document), over the constitution.

Today, unlike the 18th century, the men and women who comprise the United States Congress put loyalty to political party over the constitution. Thus the country is bogged down in the muck and mire of maintaining political power, at any and all costs, to the detriment of a healthy democracy.

Certainly, these circumstances were not envisioned by the framers. And, if they were, surely it can be argued the framers were silent on a prohibition against indicting an American President just in case such a time should arise. A time when the checks in the system fail to hold the balance between the competing branches of government.

What makes Trump’s alleged crime so astounding that it requires an extraordinary remedy is that he is accused in a federal court prosecution of breaking the campaign financial disclosure law to gain an unfair advantage over his opponent, which led to him becoming the president in the first place.

Thus, but for his bad act, Trump may not have become president. Therefore, the Special Prosecutor could decline to follow a Justice Department policy which does not favor indicting an American President.

The irony in all this is the man who claimed his predecessor was an illegitimate president, is himself, an illegitimate president.

Indict him, lock him up, give him an orange jumpsuit until he makes bail, take away his passport and access to Air Force One pending his appearance at trial.

Hopefully, facing the possibility of an indicted president, congress will lose its reticence to commence impeachment proceedings.

If not, perhaps Trump will exercise his Sixth Amendment right to a speedy trial, so the American people can take their country back with all deliberate speed from the rule of this illegitimate presidency ruled by lies, chicanery and bullying tweets.

Harold Michael Harvey is an American novelist and essayist. He is a Contributor at The Hill, SCLC National Magazine, Southern Changes Magazine, Medium and Black College Nines. He can be contacted at

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