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    What Will a Post-Trump America Look Like?

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    Americans are still anxiously waiting to find out who will be the 46th president of the United States. But while the results of the 2020 race may still be murky, what this election has made clear is that whoever succeeds President Donald Trump — whether in 2021 or 2025 — will face an uphill battle of governing a post-Trump America.

    What will this look like in practice? One only needs to look as far as one of the United States’ closest allies in the hemisphere, Colombia, for a glimpse of the challenges that await Trump’s successor.

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    Colombian politics has its own Trump-like figure. His name is Alvaro Uribe Velez. Elected in 2002, Uribe governed for eight years as a tough conservative politician. His aggressive military campaigns against the country’s guerilla groups brought long-sought stability and security to much of the country and transformed him into a national hero for many Colombians. But his presidency was also marred by controversy. He has been accused of facilitating widespread human rights abuses, corruption and drug trafficking.

    Despite — or perhaps because of — this dual legacy, Uribe has remained a central figure in Colombian politics since leaving the presidential palace. He continues to serve as the leader of the country’s ruling political party, the Democratic Center, and sat as a senator until summer 2020 when he resigned pending the results of a criminal investigation against him.

    The influence Uribe continues to wield on the Colombian political scene should serve as a warning to whoever succeeds Trump in the Oval Office. In Colombia, Uribe’s willingness and ability to mobilize broad swaths of the population to support his interests has proved a challenge for governance by opposing politicians.

    Former Colombian President Juan Manuel Santos experienced this firsthand in 2016 as he tried to sell the people a peace deal to end the country’s 60-year-long civil war with a guerrilla group known as the Revolutionary Armed Forces of Columbia (FARC). As the most visible and vocal opponent of the deal, Uribe consistently belittled both Santos as a politician and the peace he negotiated with the FARC. “Peace yes, but not like this” became his rallying cry in public speeches, interviews and perhaps his — and Trump’s — favorite platform, Twitter. His vitriolic attacks played a part in Colombians’ surprise rejection of the peace deal in a national referendum, a humiliating defeat for Santos.

    Trump May Still Influence US Politics

    The small margins of this year’s US presidential election suggest that a Democratic successor to Trump will have to confront a former president with a similarly devoted following as the one Uribe has maintained in Colombia. Trump is unlikely to bow graciously out of politics. With a large base that continues to support him, he could still influence politics informally, by calling on his followers to engage in (possibly violent) protests.

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    The president’s continued popularity among Republican voters may also force the GOP to maintain its current far-right policy positions to retain voters in future elections. The election of a QAnon conspiracy theorist to the House of Representatives confirms that Trump’s influence reaches beyond the presidency.

    Indeed, Democrats are not the only ones who should be worried about Trump’s continued influence after leaving office. Uribe’s handpicked successor in the 2018 presidential election, President Ivan Duque, has struggled to govern under the shadow of the former leader. Like the US, Colombia today is deeply polarized. Though Duque and his allies hold a majority in the Senate, distrust and frustration with the government sent nearly 200,000 Colombians to the streets of the country’s major cities in protest last year.  

    But Duque’s reliance on support from Uribe’s hardline followers has effectively precluded him from building bridges with his opponents, lest he be seen as abandoning Uribe’s legacy. Unable to fully satisfy either camp, Duque’s approval rating has languished far below 50% for most of his presidency.

    Confronting the Legacy

    Republicans will face a similar challenge if they wish to maintain Trump’s base while also trying to repair the deep divisions that he has sown among US society.

    It may seem extreme to compare the United States to Colombia, a country that has teetered on the edge of collapse and conflict for over 60 years. But the reality is that the US is also a post-conflict country. Our civil war may have ended in 1865, but events in 2020 — the partisan reactions to the coronavirus pandemic, racial tensions following the extrajudicial killings of black Americans, and a presidential vote that remains too close to call three days after the election — have proved that the legacy of the violence and the polarization it sowed persist today.

    Whoever succeeds Donald Trump must confront this legacy head-on. But as Colombia shows, doing so with Trump in the background will be far from easy.

    The views expressed in this article are the author’s own and do not necessarily reflect Fair Observer’s editorial policy. More

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      Can Colombia’s Former President Get a Fair Trial?

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      On Tuesday, August 4, via a short and unassuming tweet, the former president of Colombia, Alvaro Uribe Velez, informed the world that he was placed under house arrest. The news sent shockwaves throughout South America’s political circles and sparked protests across Colombia. Uribe’s house arrest order, issued by the supreme court of justice as part of a case investigating witness tampering and false testimony, is surprising and problematic for several reasons.

      For starters, it is the first time that a former president has been deprived of personal liberty in Colombia, a country where more than one recent head of state has questionable records, such as campaign financing by major drug cartels. Secondly, since March, Colombia has been in lockdown due to the COVID-19 pandemic, which means that individuals are for the most part already confined within their residences. Moreover, as former president and senator, Uribe doesn’t go anywhere in Colombia without a substantial security apparatus.

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      Thirdly, the former president is well known both nationally and internationally, which translates to extremely low flight risk and one that could have been addressed by merely confiscating his passport. Adding to the controversy of the supreme court’s order is the fact that, as recently as last year, individuals who pose actual security and flight risks, such as Revolutionary Armed Forces of Colombia (FARC) leaders Ivan Marquez and Jesus Santrich, were not preemptively detained despite probable cause and ended up fleeing Colombia to set up a dissident guerrilla movement.

      Lastly, Uribe should be presumed innocent until proven guilty, like any other citizen, as outlined in Article 29 of Colombia’s Constitution. However, it seems that given his high profile and political history, the supreme court is treating the former president differently. This is problematic for the rule of law in Colombia.

      Irregularities in the Process

      Under Uribe’s presidency, Colombia’s security was largely restored, narco-terrorism was fought head-on by the national government, numerous FARC leaders were captured, over a thousand drug traffickers were extradited to the United States, and large paramilitary groups demobilized under the auspices of the Justice and Peace Law. Uribe’s work and legacy, much of which was implemented in close coordination with the United States at the time, is also recognized internationally. One of the global voices against Colombia’s former president’s house arrest is US Vice President Mike Pence, who, on August 14, tweeted in solidarity, asking that Uribe be allowed to “defend himself as a free man.”

      Embed from Getty Images

      Given his former status as senator, Uribe’s case, which happens to be against left-wing Senator Ivan Cepeda, had Colombia’s supreme court as its original jurisdiction, in accordance with Article 235 of the constitution. Specifically, this case began in 2012 when Uribe filed a legal complaint against Cepeda accusing him of paying bribes to imprisoned criminals in exchange for testimony that would incriminate the former president and his brother for paramilitary activities during Uribe’s time as mayor of Medellin and governor of Antioquia. In 2018, an election year in Colombia, the supreme court flipped the accusation and charged Uribe with allegedly paying witnesses to testify in his favor and against Cepeda.

      Since its inception, the process against Uribe has been overly politicized and marred by irregularities, including the admission of illegally obtained wiretap recordings as evidence in the case. Over 20,000 illegal interceptions were made to Uribe’s cellphone, under a judicial order that was supposed to tap Congressmember Nilton Cordoba, not the former president. Making matters worse, as soon as the analyst from Colombia’s attorney general’s office in charge of the wiretap realized that the cellphone belonged to Uribe and not Cordoba, he notified his superiors. However, the illegal interceptions continued for nearly a month and were eventually submitted to the supreme court as evidence.

      There is a history of animosity between the former president and members of Colombia’s supreme court of justice due to alleged wiretapping of the court’s premises as well as judges’ phones by the security services during Uribe’s presidency. Compounded by the evident lack of procedural guarantees for a fair trial, Uribe resigned his seat as senator shortly after he was placed under house arrest and triggered a jurisdictional change. His case has now been passed on to Colombia’s attorney general and a lower court, in which Uribe expects a less politicized and more fair trial.

      The Need for Judicial Reform

      Although Uribe’s house arrest remains in force until a new judge takes over the case and decides whether to revoke or maintain the preliminary detention, public outcry has been heard throughout the country. The most salient example of an institutional double standard is the recent case of FARC commanders like El Paisa, who were never placed under house arrest pending trial as part of the 2016 peace process and then escaped to take up arms again. Observing this precedent, the judicial measure against Uribe is disproportionate, particularly since the former president has attended all of his court hearings as scheduled and been responsive to judicial inquiries.

      Finally, the controversy around the judiciary’s handling of Uribe’s case has rekindled the calls for constitutional reform in Colombia. Reforming the country’s complex judicial branch seems for many to be the only way to rescue the institutional mechanisms, which are currently failing within the Colombian justice system. In this time of uncertainty, the alternative of carrying out judicial reform would give a new direction to the presidency of Ivan Duque and would provide a unique opportunity for Colombia to emerge institutionally strengthened.

      One of the main issues with Colombia’s judicial system is that the country has not one but three top courts: the supreme court of justice, the council of state and the constitutional court. Another problem lies with the fact that the members of both the supreme court and the council of state select their membership themselves, without much executive or legislative oversight, albeit in accordance with Article 231 of the constitution. Having such a closed and endogamous nature has led to judicial malpractice and corruption in Colombia’s judiciary, such as the infamous “Cartel of Robes” scandal that saw supreme court judges abuse their independence to derail cases and stifle investigations by the attorney general in exchange for hefty bribes.

      While Alvaro Uribe’s case is likely to drag on for months, there is a higher likelihood that the process will have a lower profile and a more balanced outcome now that it has left the supreme court’s docket. Nevertheless, the judicial branch will now be increasingly seen as a politicized institution, and there are important voices in the country calling for both a consolidated supreme judiciary and a more transparent selection process for its members. Already in a bind due to the pandemic and its socioeconomic fallout, Colombia’s government must now address growing calls for constitutional reform in an increasingly polarized political climate.

      The views expressed in this article are the author’s own and do not necessarily reflect Fair Observer’s editorial policy. More