AMERICA IS STILL GREAT

I’m not sure whether I’ve mentioned the name ‘Donald Trump’ in previous articles.

I jest of course, though perhaps I shouldn’t, since what follows is a serious look at one or two topical issues. But the word ‘Trump’ does appear. Though not in the thrilling context of a card game; nor will it occupy the entire article and ruin your day. Until recently, within a well-organised, systematic programme to revive his profile in the eyes of the American public, Mr Trump appeared to be revelling in all the negative publicity emerging across a number of fronts; especially the ongoing and imminent court actions. But now a United States Of America (USA) court has found him guilty of sexual abuse of a female magazine columnist in the 1990s. Republican stalwarts will probably still vote for him – remember the old political science saying about modern democracies: “I would vote for a pig if it stood for my party” – but it looks unlikely this former president will re-secure full political credibility; unless he has a trump card to play!

On the other hand, it’s quite conceivable that a significant portion of the American public rather admires someone who has survived the scandals; and insulted the plaintiff in court, saying ‘she wasn’t his type’ and that she’d made up the story to boost sales of her book. One hopes, however, that the majority will vote on the view that he’s got nothing other than the arrogant narcissism of extreme wealth. From a legal perspective, the Trump case must be one of the first of its kind. In the USA, the Statute of Limitations, in common with many countries of the world, limits the time available for civil litigation to six years. But the Adult Survivors Act of 2022 has allowed a one-year window to November 2023 for certain survivors of sexual assault to seek civil damages against their perpetrators and those who protected the perpetrators; and regardless of when the assault was committed. Specifically, the law aims to protect survivors of adult sexual assault. There is a much broader window for litigation where similar offences relate to minors.

Justice

It is, of course, hugely emancipating for women to be able to bring lawsuits to achieve justice for wrongs done in the days when they had relatively weak status and were easy prey in court and outside. And when comparing criminal and civil lawsuits in the USA, in a criminal case the jury has to find a defendant ‘guilty beyond a reasonable doubt based on the evidence provided’. With a civil action the wording becomes much lighter to ‘more likely guilty, than not’. That reduces the incidence of all-or-nothing court verdicts, and thus provides a substantially improved chance of some justice for the aggrieved plaintiff. It is perhaps inevitable that this lower threshold on jury verdicts will carry the risk of bogus or exaggerated allegations, especially in view of the size of the damages award to the magazine columnist. She got US$5 million. There are plenty of ‘ambulance chaser’ lawyers over there, who’ll take the chance on a high percentage success-fee basis, where the plaintiff pays nothing if the outcome is unsuccessful. The USA, not alone among the countries of the world, has plenty of sharp lawyers, prepared to exploit the murkier areas of allegation and accusation to get a verdict. Therein lies some risk; presumably manageable.

Let’s move now to the bigger picture. The USA was up for some criticism in an article published by this publication. But no country will claim to be operating to perfection; because no one would believe it. Capitalism has placed most of the USA’s wealth in a tiny number of people. And the country has been an opportunist; though also a provider. It has made some significant mistakes.

Reflected

Avoiding a comprehensive attack on racism until the Civil Rights Movement of the 1960s forced its hand, reflected badly on the prevailing morality, more especially in southern states. And then, claiming that Saddam Hussein, the President of Iraq until 2003, had weapons of mass destruction, ready to attack the West, was a huge blunder. No such weapons were ever found and it’s reliably argued that Hussein destroyed them in order to re-establish status with the United Nations. Hussein abused and killed huge numbers of Iraqis but the US invasion was not the required solution.

Apart from those aberrations, there can be no denying that the USA has a spectacular history. After refusing colonisation by kicking out the Brits in 1776, it developed a unified nation of 50 states under a common democratic political regime and federal law system; some achievement. And, as the biggest democracy in the world, it endeavours tirelessly to promote and protect sovereignty, transparency and accountability. How many countries can legitimately claim that? It has been a generous benefactor – even saviour – for many nations across the world, itself developing into the largest economy and the strongest nation technologically. It produces the best athletes and has pioneered the exploration of outer space. It is universally adored and admired for its huge contribution in literature, film and music; all that from one country.

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