Former President Joe Biden spent much of his 53 years in Washington advocating for equitable taxation and government accountability. In a farewell address that reflected those efforts, he warned the nation of an emerging oligarchy that “threatens our entire democracy, our basic rights and freedoms, and a fair shot for everyone to get ahead.”
Some have dismissed this message as a simple, petty insult directed at President Donald Trump and his second administration. Others have called it an impossibility, believing that America’s policy of equality for all will overpower the influence of would-be political elites. That equality, however, hinges on law enforcement upon all citizens equally.
In the past, the punishments carried out for illegally attempting to control others were enough to rein in some of the most power-hungry individuals from ever taking the steps necessary to truly establish an oligarchy. Recently, however, the justice system has turned a blind eye to the crimes committed by a select few, which calls into question its ability to properly enforce the statutes of democracy. If the justice system continues to fail to hold those in power accountable, then America’s descent into oligarchy seems not only possible, but inevitable.
In July, the conservative-controlled Supreme Court ruled that presidents have immunity from prosecution for “official” acts. Chief Justice John G. Roberts Jr. emphasized that the protection “applies equally to all occupants of the Oval Office,” and was not designed specifically to aid Trump against the many legal challenges he was facing at the time. Regardless of the Court’s supposed intentions, they let a man’s office become more important than his obligation to follow the law, setting a legal and cultural precedent that a select few in power could rise above the rest.
Since then, the presidency has seen Trump and those close to him enjoy more exemptions from the rules the rest of the country is expected to follow. For example, Trump was convicted of 34 felony counts of falsifying business records, but received an unconditional discharge, meaning he will not face any fines or jail time. Justice Juan M. Merchan, who presided over the case, said the ruling was meant to avoid “encroaching on the highest office in the land.” Trump had also faced two federal cases, one for his part in the Jan. 6 insurrection and the other for mishandling classified documents. Both were dropped by Special Counsel Jack Smith a few weeks after the 2024 election was called in Trump’s favor. Smith cited the Supreme Court ruling on presidential immunity in his successful bid to dismiss the cases.
Those in the president’s inner circle have also benefited from a culture that shields politicians from the consequences of questionable or illegal actions. Two of Trump’s cabinet picks were chosen amid allegations of sexual misconduct. Matt Gaetz, his original pick for attorney general, was found to have paid multiple women for sex, and at least one of those women was underage. Pete Hegseth, his pick for secretary of defense, has faced multiple allegations of sexual assault and abuse over the years, the most recent one coming from his former sister-in-law on behalf of of his ex-wife. Both also have histories of substance abuse: Hegseth’s heavy drinking has been known to the public for years, while Gaetz’s use of cocaine and Ecstasy came to light after an investigation by the House Ethics Committee. Despite the severity of the allegations, both men have largely been protected from investigation or consequences. In the Committee’s report on their findings, they alleged that the Department of Justice was unhelpful and sometimes obstructive to the investigation into Gaetz in a way that was “inconsistent” with the extent of its collaboration in previous cases. Meanwhile, Republican senators spent Hegseth’s confirmation hearing either ignoring or dismissing the allegations against him, and narrowly succeeded in having him appointed as the leader of the Pentagon.
These cases have made the lack of accountability demanded from public servants increasingly clear. Without a strong and impartial justice system to hold them responsible, there is nothing to stop politicians from consolidating power through coups, false imprisonments, or other predatory and oppressive methods. If justice officials can again begin to fairly prosecute any aspiring oligarchs, regardless of office or status, then Americans can once again be confident and proud in the strength of their democracy. If not, Biden’s vision of an oligarchy in America will undoubtedly come true, perhaps sooner than any of us think.
