As a legal scholar, I argue that Donald Trump does not possess the presidential immunity that could protect him from possible incarceration, particularly since he has not formally taken his oath of office in the event of a potential reinstatement as president. In this context, he remains a civil citizen, similar to any other individual, given that the U.S. Constitution specifies that two people cannot simultaneously hold the president's office.
A comparable situation can be observed in the case of Guy Philippe in Haiti. Philippe was elected as a senator and received his official certificate of election, confirming his victory. However, before he could take the oath of office and assume his official role, he was detained by U.S. authorities. This case is a stark reminder that without taking the required oath, an elected official may not be entitled to the full legal protections associated with their new position.
The complex circumstances surrounding Trump's legal challenges underscore a significant departure from the conventional understanding of presidential immunity. I contend that he should be held accountable under the law, which could reasonably include arrest and imprisonment, just as any other citizen would face legal scrutiny and proceedings.
Wilsonn Telimo Lwi,
J.D & M.P.S