The Roberts Court has handed down a slew of consequential decisions since Donald Trump came into office, with the most recent critical cases being Snyder v. United States (2024) and Securities Exchange Commission v. Jarkesy (2023). These decisions represent a shifting attitude towards white-collar criminal prosecution––one where the onus is on prosecutors and regulatory agencies to go above and beyond, while financial criminals can more easily get away with their fraudulent acts. In Snyder, the Court ruled on the issue of bribing public officials; it held that there is a difference between bribes and gratuities, or tips, so the federal bribery statute cannot apply in the case of gratuities given for past actions that were never stipulated in a quid pro quo agreement. Similarly, in Jarkesy the Court sidestepped Congress and held that securities fraud cases must be heard by an Article III court with a jury instead of in an administrative hearing, as it typically would through the SEC. All in all, the Roberts Court has similarly decided in Percoco v. United States (2023), Kelly v. United States (2020), and McDonnell v. United States (2016). The Roberts Court has established a position of leniency towards white collar criminals, as demonstrated by its Trump-era rulings which limit the scope of prosecutorial authority and narrow interpretation of fraud statutes.
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What obligations does a country under war have to democracy? The question remains unanswered for Ukraine. In the case of Ukraine’s 2024 presidential election, the impact of martial law on the democratic process is particularly ambiguous. Currently, Ukraine is an aspiring liberal democracy; however, this contentious position depends on Ukraine’s commitment to upholding the democratic values of its peers. In its attempts to join international institutions such as the European Union (EU) and the North Atlantic Treaty Organization (NATO), Ukraine has strived to demonstrate its increasingly democratic governing mechanisms. However, after the escalation of the Russo-Ukrainian War in 2022, the Ukrainian government instituted martial law, which continues to present a dilemma for the Ukrainian people. Despite their understanding that wartime actions require increased legal flexibility, Ukrainian citizens are also entitled to democratic norms and privileges. Accordingly, Ukraine has a legal imperative to hold its 2024 presidential election because the cancellation of its election violates several international covenants and treaties and violates its own martial law due to the unlawful seizure of power.
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