Yesterday, I watched a spectacle that defied belief—a convicted felon, Donald J. Trump, inaugurated once again as President of the United States. It was a moment that felt both surreal and tragic, leaving me in utter disbelief and revulsion. To see the very institutions meant to safeguard democracy trampled underfoot by a man whose contempt for the rule of law is evident was, in every sense, a betrayal of justice. As a solicitor of the Supreme Court of England and Wales, schooled in the traditions of English common law and fair play—the foundation upon which the American legal system and its Constitution were built—I was reminded of the fragility of the principles we hold dear.
The events unfolding in the United States are not just an American tragedy. They are a warning to democracies worldwide. The legal system, the judiciary, and the constitution—the bedrock of any functioning democracy—are being subverted in plain sight, reduced to tools in the hands of the powerful.
In the early 1960s, as an 11-year-old boy in the equatorial rainforests of western Malaysia, I witnessed my father’s tears as news of John F. Kennedy’s assassination reached us. It felt like the end of the world then, a moment of collective grief for a leader who represented hope and progress. Yesterday, watching Donald Trump, a man convicted of falsifying business records to hide hush-money payments and shield his electoral ambitions and evade inter alia serious insurrection charges take the presidential oath of office was no less disheartening. The tears that rolled down my father’s face in 1963 now mirror my own sorrow for the decline of a democracy that once inspired the world.
The undermining of the rule of law
The rule of law, the cornerstone of both British and American democracy, is under siege. Trump’s political ascent, despite his legal convictions and ongoing investigations, exemplifies the dangers of a judiciary politicised to the point of collapse. The unconditional discharge granted by Judge Juan Merchan, despite Trump’s 34-count conviction, has set a dangerous precedent. Andrew Weissmann, a seasoned prosecutor, aptly noted that this was not about justice but deference to the presidency. In other words, the president has become “a king above the law”.
The implications are devastating. A judiciary beholden to political interests ceases to function as a neutral arbiter of justice. When judges are elected through partisan processes, as is the case in many US states, or appointed by deeply polarised executives, impartiality erodes. This is starkly different from the British system, where judicial appointments remain independent of political influence, preserving the integrity of the courts although that is also under threat.
The US Supreme Court’s recent rulings highlight this troubling trend. The decision to grant near-immunity to a sitting President for actions on the borderline of official and unofficial duties sends a chilling message: power absolves, and accountability is negotiable. Similarly, the dismantling of affirmative action policies in 2023, spearheaded by a conservative majority, threatens decades of progress toward diversity and equity.
These rulings are the fruit of a judiciary reshaped by Trump-era appointments, guided by ideologies that prioritise partisanship over justice. They also reflect a deeper malaise: a society so polarised that the very idea of an independent judiciary is losing its currency.
The commodification of politics
The rot runs deeper still. In the 2010 Citizens United decision, the Supreme Court opened the floodgates for unlimited corporate spending in elections, reducing democracy to a contest of financial might. Elections have become a battleground for oligarchs, with corporate America wielding disproportionate influence over political outcomes.
Trump, with his billionaire backers—Musk, Bezos, Zuckerberg, and others—has epitomised this transformation. Yesterday’s spectacle, with tech moguls fawning over a man whose presidency has been marred by criminality and insurrection, was a grotesque display of the commodification of power. It is a far cry from the ideals enshrined in the US Constitution, a document inspired by the principles of English common law.
A solicitor’s reflection
As someone who has spent decades practising law, I cannot overstate the importance of the rule of law as a safeguard against tyranny. It is this principle that ensures no one—not even the most powerful—is above the law. In the United Kingdom, we take pride in a legal tradition that remains a bulwark against political interference. The US legal system, despite its roots in this tradition, has diverged dangerously, allowing partisanship to corrode its foundations.
Watching yesterday’s charade, I felt not only anger but a profound sense of loss. The United States, once a beacon of democracy and justice, is now at a crossroads. The inaugural oath sworn by Trump—to “preserve, protect, and defend the Constitution of the United States”—rang hollow. How can a man who has repeatedly undermined the very institutions he swore to uphold be entrusted with their defence?
This is not merely an American issue. The United States has long been a model for democracies worldwide. Its constitution inspired countless nations, including my own legal training. Its decline signals a global crisis for the rule of law and democratic governance.
The task of restoring faith in democracy may seem insurmountable. Judicial reform and the rejection of corrupt populism are essential steps, but will America rise from the ashes of its democratic ruin like a Phoenix? In my view, no—it is beyond redemption. This is a nation trapped in a Quentin Tarantino-esque bloodbath of betrayal and lies, where loyalty is transactional, and justice is gutted. Its decline feels like a scene from David Lynch’s Twin Peaks: eerie, surreal, and relentlessly dark, a distorted mirror of what once was. The American dream is no longer a promise—it is a nightmare without escape.