Skip to content
Search

Latest Stories

Follow Us:
Top Stories

Manhattan grand jury votes to indict Donald Trump, showing he, like all other presidents, is not an imperial king

Manhattan grand jury votes to indict Donald Trump, showing he, like all other presidents, is not an imperial king

Former US President Donald Trump speaks during a 2024 election campaign rally in Waco, Texas, March 25, 2023.

Photo by SUZANNE CORDEIRO / AFP

Shannon Bow O'Brien is an Associate Professor of Instruction at The University of Texas at Austin.

A Manhattan grand jury voted to indict former President Donald Trump on March 30, 2023, for his alleged role in paying porn star Stormy Daniels hush money.


Trump lawyer Joe Tacopina confirmed the indictment.

The New York Times reported that it is not yet clear what exact charges Trump will face, but a formal indictment will likely be issued in the next few days. Manhattan District Attorney Alvin Bragg is the first prosecutor ever to issue an indictment against a former president. Trump is still the center of several ongoing investigations regarding other alleged criminal activity, including actions he took while in office.

American history is rife with presidents who have used their office to extend executive authority.

Presidents are not kings. George Washington once reflected on this distinction, saying, “I had rather be on my farm than be emperor of the world.”

But American politics and presidency scholars – including me – have long worried about the idea of an imperial presidencymeaning, a president who tries to exert a level of control beyond what the Constitution spells out.

Trump was just another example of a president acting as if he was king by just another name.

Expanding role of the presidency

While some early presidents, notably Andrew Jackson and Abraham Lincoln, expanded the executive branch, most were constrained by the dominance of the legislative branch in their day.

The growth of the executive branch in terms of size and power began in earnest during the 20th century.

Franklin Roosevelt attempted to pack the Supreme Court to overcome opposition to his New Deal legislation, a series of public works and spending projects in the 1930s.

Roosevelt wanted to add a justice for every existing judge on the court who did not retire by age 70 – but it was a transparent attempt to alter the court’s composition to favor his agenda, and the Senate shot it down.

Richard Nixon decided to impound money authorized for programs simply because he disagreed with them. Nixon had vetoed the Federal Water Pollution Control Act Amendments of 1972 but was overridden by Congress. He still withheld money, which eventually culminated in a 1975 Supreme Court case, in which the court ruled against Nixon.

Other presidents tried to unduly influence more mundane aspects of life.

In August 1906, for example, Theodore Roosevelt issued an executive order forcing the Government Printing Office to begin using the new spellings of 300 words – including “although” and “fixed” – in order to simplify them.

Following broad public criticism of this plan, Congress voted to reject these proposed spelling improvements in 1906.

Trump’s turn

Trump’s actions and words throughout the presidency also suggest he believed that the office gave him overarching power.

For example, Trump reflected on his power over states to force them to reopen during the COVID-19 crisis, saying in April 2020, “When somebody’s president of the United States, the authority is total.” But governors actually maintained the control over what remained open or closed in their states during the pandemic.

Trump has also treated the independent judiciary as an inferior branch of government, subject to his control.

“If it’s my judges, you know how they’re gonna decide,” Trump said of his potential judicial appointees in 2016.

Chief Justice John Roberts rejected Trump’s view on this issue in 2018, saying, “We do not have Obama judges or Trump judges, Bush judges or Clinton judges. … What we have is an extraordinary group of dedicated judges doing their level best to do equal right to those appearing before them.”

It’s classified

There is a rigorous procedure if presidents decide to declassify information. This complex process involves all classified material being reviewed by appropriate government agencies and experts at the National Archives.

But Trump claimed at one point any documents he took home were already declassified.

He later asserted, “There doesn’t have to be a process, as I understand it. … You’re the president of the United States, you can declassify just by saying it’s declassified, even by thinking about it.”

These comments help substantiate Trump’s belief in his absolute authority. There are specific procedures in place to manage declassification that do not involve psychic powers.

One real superpower

If the American presidents have one superpower, it is the power of the pardon. American presidents can pardon people, and the legislative and judiciary branches cannot prevent it.

Past presidents have used pardons largely in the service of justice, but at times to also reward personal friends or connections. But Trump took it even further, using this power seemingly as a way to reward his loyal supporters – and says he will seriously consider pardoning the Jan. 6, 2021, Capitol rioters if he is reelected.

Trump also apparently considered granting himself a pardon as a way to avoid any prosecution for his involvement with the Capitol attack.

A self-pardon would also potentially place any president in constitutional murky water.

A 1919 Supreme Court ruling declared that a pardon “carries an imputation of guilt and acceptance of a confession of it.” So, if Trump had pardoned himself for anything, he would have admitted to having committed a crime – for which he could still potentially be impeached or investigated under any applicable state law, which is not covered by a presidential pardon.

After office

Since leaving office, Trump has attempted to claim post-presidential executive privilege, independent of the current administration. But President Joe Biden – who must first give Trump this privilege – never extended it to his predecessor.

Trump’s defense that he was allowed to store classified documents at Mar-a-Lago as a result of executive privilege has largely been unsuccessful in the courts.

Trump has also used his time as president to avoid any lawsuits that emerged after he left office.

In January 2023, a federal judge shot down Trump’s attempt to dismiss a 2022 defamation lawsuit filed by the writer E. Jean Carroll, who says Trump raped her in the 1990s. Trump denied the rape in 2019.

In court, Trump argued that anything he said as president should be protected and he should be given immunity during that period.

Though a ruling is still pending, Carroll has argued in court that immunity would apply only if Trump were referring to presidential matters, and not personal ones.

Everyone is held to the same rules

American presidents serve a limited amount of time governing before they return to the general population’s ranks.

Those privileged enough to hold the top office in the U.S. are still citizens. They are held to the same laws as everyone else and, the founders believed, should never be held above them.

Throughout history, many presidents have pushed the boundaries of power for their own personal preferences or political gain. However, Americans do have the right to push back and hold these leaders accountable to the country’s laws.

Presidents have never been monarchs. If they ever act in that manner, I believe that the people have to remind them of who they are and whom they serve.

This article originally appeared in The Conversation.


Read More

Trump’s ‘America First’ is now just imperialism

Donald Trump Jr.' s plane landed in Nuuk, Greenland, where he made a short private visit, weeks after his father, U.S. President-elect Donald Trump, suggested Washington annex the autonomous Danish territory.

(Ritzau Scanpix/AFP via Getty Images)

Trump’s ‘America First’ is now just imperialism

In early 2025, before Donald Trump was even sworn into office, he sent a plane with his name in giant letters on it to Nuuk, Greenland, where his son, Don Jr., and other MAGA allies preened for cameras and stomped around the mineral-rich Danish territory that Trump had been casually threatening to invade or somehow acquire like stereotypical American tourists — like they owned it already.

“Don Jr. and my Reps landing in Greenland,” Trump wrote. “The reception has been great. They and the Free World need safety, security, strength, and PEACE! This is a deal that must happen. MAGA. MAKE GREENLAND GREAT AGAIN!”

Keep ReadingShow less
The Failure of the International Community to Confront Trump

U.S. President Donald Trump at the White House on January 4, 2026, in Washington, D.C.

(Photo by Alex Wong/Getty Images)

The Failure of the International Community to Confront Trump

Donald Trump has just done one of the most audacious acts of his presidency: sending a military squad to Venezuela and kidnapping President Nicolas Maduro and his wife. Without question, this is a clear violation of international law regarding the sovereignty of nations.

The U.S. was not at war with Venezuela, nor has Trump/Congress declared war. There is absolutely no justification under international law for this action. Regardless of whether Maduro was involved in drug trafficking that impacted the United States, there is no justification for kidnapping him, the President of another country.

Keep ReadingShow less
New York City Mayor Zohran Mamdani.

New York City Mayor Zohran Mamdani speaks at Grand Army Plaza in Brooklyn on January 02, 2026 in New York City.

Getty Images, Spencer Platt

The Antisemitic Campaign Against Mamdani

The campaign against Mamdani by some conservative Jewish leaders and others, calling him antisemitic, has just reached a new level with accusations of antisemitism from Israel.

From almost the beginning of his campaign, Mamdani has faced charges of antisemitism because he was critical of Israel's conduct of the war in Gaza and because he has spoken against the proclamation that Israel is a "Jewish state." The fact that his faith is Islam made him an easy target for many.

Keep ReadingShow less
The Common Cause North Carolina, Not Trump, Triggered the Mid-Decade Redistricting Battle

Political Midterm Election Redistricting

Getty images

The Common Cause North Carolina, Not Trump, Triggered the Mid-Decade Redistricting Battle

“Gerrymander” was one of seven runners-up for Merriam-Webster’s 2025 word of the year, which was “slop,” although “gerrymandering” is often used. Both words are closely related and frequently used interchangeably, with the main difference being their function as nouns versus verbs or processes. Throughout 2025, as Republicans and Democrats used redistricting to boost their electoral advantages, “gerrymander” and “gerrymandering” surged in popularity as search terms, highlighting their ongoing relevance in current politics and public awareness. However, as an old Capitol Hill dog, I realized that 2025 made me less inclined to explain the definitions of these words to anyone who asked for more detail.

“Did the Democrats or Republicans Start the Gerrymandering Fight?” is the obvious question many people are asking: Who started it?

Keep ReadingShow less