Can the Law Hold Power to Account? Andrew Weissmann on Trump, Trials, and the Fragility of Justice
JUDJ-Prepared Summary from May 14, 2025 | The Critical Quest for Presidential Accountability. The views and opinions expressed in this blog are those of the speaker.
In a recent America at a Crossroads discussion, legal expert Andrew Weissmann—former lead prosecutor for the Mueller investigation, general counsel of the FBI, and director of the Enron Task Force—spoke candidly about the state of presidential accountability in the United States. With decades of experience at the Department of Justice and now as a professor at NYU School of Law, Weissmann explored how the justice system has struggled to hold former President Donald Trump to account—and what that means for American democracy going forward.
A Faltering Pursuit of Justice
Weissmann began by reflecting on the legal journey that brought Trump to trial in one criminal case, while three others—two federal and one state—remained unresolved. He argued that the nation fell short in delivering timely justice, noting that other democracies have managed to hold leaders accountable more decisively. “We did an incredibly poor job,” Weissmann said, adding that the public has been deprived of its right to see justice done in a courtroom.
He emphasized that this isn’t about demanding Trump’s imprisonment. Rather, it’s about ensuring that serious allegations—including those impacting national elections and democratic processes—receive their day in court. “The public has a right to a speedy trial and to see that justice is carried out,” he asserted.
The Courts: Our Last Working Branch?
With Congress mired in dysfunction and the electorate deeply polarized, Weissmann suggested that the judiciary may be the only branch of government still functioning with integrity. He underscored that every official, from junior prosecutors to the president, is a public servant—and no one is above the law. Yet, the culture of accountability remains tenuous, especially when public and political pressure discourage enforcement.
Weissmann pointed to the sentencing in Trump’s New York case as a missed opportunity to affirm that principle. Despite being convicted of 34 felonies, Trump’s sentence was tempered by concerns over his status as a political figure. Weissmann acknowledged legal considerations like age and a lack of prior convictions, but called it “hard to imagine a more serious E felony” due to the crime’s scale and impact on the electorate.
The Expanding Shield of Immunity
Weissmann expressed particular concern about the Supreme Court’s recent ruling on presidential immunity. While he acknowledged that certain powers—like the pardon—are explicitly protected in the Constitution, he argued that the Court’s expansive reading of executive authority marked a dangerous departure from historical precedent. “That decision was so ahistoric,” he said, noting it clashed directly with the wisdom of Justice Robert Jackson’s Youngstown concurrence warning against unchecked presidential power.
This tension between law and power, Weissmann warned, is precisely why accountability matters—because without it, constitutional norms erode and executive overreach becomes normalized.
Restoring Accountability Through Civic Action
Ultimately, Weissmann offered a sobering but hopeful reminder: law alone is not enough. Courts can issue rulings, but they “don’t have an army,” and enforcement depends on institutions and citizens who care. “At the end of the day,” he reflected, “it’s not going to be what’s on paper. It’s going to be what’s in the hearts and minds of the citizenry.”
He called on the public to reject the myth of presidential exceptionalism and to embrace the democratic ideal that no one is above the law. True accountability, Weissmann argued, requires not just a functioning justice system but also a political culture that demands it.
About America at a Crossroads
Since April 2020, America at a Crossroads has produced weekly virtual programs on topics related to the preservation of our democracy, voting rights, freedom of the press, and a wide array of civil rights, including abortion rights, free speech, and free press. America at a Crossroads is a project of Jews United for Democracy & Justice.