the issues: legal
In the context of the 2024 presidential election, both Kamala Harris and Donald Trump have faced legal scrutiny, though the nature and extent of their legal problems differ significantly. Harris, as a public official, has faced some legal challenges related to her tenure in various governmental roles, but she has not been personally convicted of any crimes. In contrast, Donald Trump has been at the center of numerous legal battles, both civil and criminal, with some cases leading to convictions or guilty verdicts in civil trials. This essay explores the factual background of each candidate’s legal issues, focusing on their implications for their respective campaigns.
Kamala Harris: No Personal Legal Convictions but Scrutiny as a Public Official
As of 2024, Kamala Harris has not faced personal criminal charges or legal convictions. However, her tenure as California’s Attorney General and her role as Vice President have been subject to public scrutiny, with some legal and ethical questions arising in the context of her duties as a public official.
Role as California Attorney General (2011-2017): During her time as Attorney General of California, Harris made several controversial decisions that have sparked legal and ethical debate, though none resulted in personal legal trouble or convictions.
Prosecution of Low-Level Offenders: One of the main criticisms Harris has faced is her record on criminal justice issues, particularly her office’s decisions to prosecute low-level offenders, including cases involving marijuana possession. This has led to criticism from progressives, who argue that Harris was not as progressive on criminal justice reform as her later positions would suggest. However, none of these decisions led to personal legal consequences for Harris, and much of the criticism pertains to policy choices rather than legal wrongdoing.
Failure to Prosecute Financial Crimes: Another controversial aspect of Harris’s tenure as Attorney General was her decision not to pursue more aggressive action against OneWest Bank, which was led by future Trump Treasury Secretary Steven Mnuchin. Harris’s office did not file charges against Mnuchin’s bank for foreclosure practices following the 2008 financial crisis, despite evidence that suggested misconduct. Harris has defended the decision, stating that her office did not have sufficient grounds to prosecute, though critics have questioned this rationale. Again, these issues did not result in any legal action against Harris personally.
Vice Presidency and Legal Oversight:
As Vice President, Harris has been part of an administration that has faced legal challenges, including lawsuits over immigration policies, environmental regulations, and other executive actions. However, Harris has not been the direct subject of these legal challenges, and no criminal charges or convictions have been brought against her during her time as Vice President. Any legal controversies involving the Biden administration have been directed at the administration’s policies rather than at Harris as an individual.
In sum, while Kamala Harris has faced criticism over some of her decisions as a public official, there is no record of her being personally involved in criminal activity or legal violations that would lead to charges or convictions.
Donald Trump: Extensive Legal Troubles, Civil Convictions, and Criminal Indictments
In contrast to Harris, Donald Trump has faced a far more extensive and complex array of legal challenges, including both civil lawsuits and criminal indictments. By 2024, Trump has been the subject of multiple criminal indictments, civil suits, and at least one civil conviction. His legal troubles have spanned his business career, his presidency, and the post-presidency period, with some cases directly impacting his presidential campaign.
Civil Cases and Business-Related Lawsuits:
Trump’s business dealings have been the subject of legal disputes for decades, many of which involve allegations of fraud, misconduct, or violations of business regulations. Some of the most prominent civil cases include:
Trump University Case: One of the most well-known civil cases against Trump was the lawsuit involving Trump University, a for-profit real estate education company. In 2016, Trump agreed to a $25 million settlement in a class-action lawsuit that alleged the organization defrauded students by making false claims about the value of its education. The settlement resolved the legal dispute, though Trump did not admit to any wrongdoing as part of the agreement.
New York Civil Fraud Case (2023): In 2023, Trump was found liable for fraud in a civil case brought by New York Attorney General Letitia James. The case involved allegations that Trump and his business inflated the value of his assets on financial statements to secure favorable loans and insurance terms. A judge ruled that Trump committed fraud, and the case led to significant penalties, including financial restitution and the potential dissolution of some of Trump’s business entities in New York. This civil conviction added to Trump’s legal woes, though it did not involve criminal charges.
Criminal Indictments:
Trump’s legal problems have also extended into the criminal realm, with multiple indictments arising from various investigations related to his time in office and his post-presidency activities.
Classified Documents Case: One of the most serious criminal cases against Trump is the federal indictment related to his handling of classified documents after leaving the White House. In June 2023, Trump was charged with willful retention of national defense information, obstruction of justice, and conspiracy, among other charges, following an investigation into his retention of classified documents at his Mar-a-Lago estate. Trump has denied any wrongdoing, and the case is ongoing as of 2024.
January 6 Case: Trump also faces criminal charges related to his efforts to overturn the results of the 2020 election. In August 2023, Special Counsel Jack Smith indicted Trump on four criminal counts, including conspiracy to defraud the United States, obstruction of an official proceeding, and conspiracy to deprive voters of their rights. These charges stem from Trump’s involvement in the events leading up to the January 6, 2021, attack on the U.S. Capitol and his broader efforts to challenge the 2020 election results. This case, too, is ongoing as of 2024.
Georgia Election Interference Case: In addition to the federal January 6-related charges, Trump has also been indicted in Georgia on state charges related to his efforts to overturn the 2020 election results in that state. The charges, which include racketeering and conspiracy, are based on Trump’s attempts to pressure Georgia officials to “find” enough votes to reverse his loss. This case is significant because it involves state-level charges, meaning Trump would not be able to pardon himself if convicted.
Impact on the 2024 Campaign:
Trump’s legal problems have cast a long shadow over his 2024 presidential campaign. While Trump has consistently denied any wrongdoing and framed the legal cases against him as politically motivated “witch hunts,” the sheer volume of legal challenges he faces is unprecedented for a major presidential candidate. Trump’s ability to navigate these legal battles while simultaneously running a national campaign is a major point of discussion in the 2024 election cycle.
Trump’s supporters have largely remained loyal despite his legal troubles, with many viewing the indictments and lawsuits as efforts by his political opponents to undermine his candidacy. However, the outcome of these cases, particularly the criminal indictments, could have significant implications for his campaign and his ability to govern if elected.
Key Differences Between Harris and Trump’s Legal Issues
Nature of Legal Problems:
Kamala Harris: Harris’s legal scrutiny has been related to her role as a public official, with criticisms focused on policy decisions and prosecutorial discretion. She has not faced criminal charges or convictions, and her legal controversies are more about political disagreements than legal wrongdoing.
Donald Trump: Trump’s legal issues are far more extensive, involving both civil and criminal cases. He has been found liable in civil cases for fraud and has been indicted on multiple criminal charges, including those related to election interference and the handling of classified documents.
Criminal vs. Civil Cases:
Kamala Harris: Harris has not faced criminal charges, and the legal controversies surrounding her are primarily related to her work as a prosecutor and public official. Her record is clean in terms of personal legal convictions.
Donald Trump: Trump faces serious criminal indictments that could result in convictions, depending on the outcomes of ongoing trials. His legal problems span both civil and criminal cases, with significant potential consequences for his political career.
Impact on Political Careers:
Kamala Harris: Harris’s legal record has not significantly impacted her political career. While she has faced criticism for some of her actions as Attorney General, there have been no major legal issues that threaten her candidacy or ability to serve as president.
Donald Trump: Trump’s legal issues are central to his 2024 campaign. His criminal indictments, particularly those related to the January 6 attack and the classified documents case, could have serious implications for his ability to run for office and govern if convicted.
Kamala Harris and Donald Trump present contrasting records when it comes to legal issues. Harris has faced scrutiny as a public official but has no personal criminal convictions or legal battles that would threaten her political career. In contrast, Trump has faced a wide array of legal problems, including civil convictions and multiple criminal indictments, which have already shaped his 2024 campaign and could potentially impact his future in politics. As the election unfolds, Trump’s legal battles are likely to remain a focal point, while Harris’s record will likely be scrutinized more in terms of her policy positions and past decisions as a prosecutor.