An ex-president who is constantly on the attack will no longer be the only mastermind of his own fate.
When Donald Trump is officially charged with a crime on Tuesday, he will be subject to a legal system over which he has no influence.
Trump has long generated political storms, alternate universes, court squabbles, and media spectacles in order to obscure the truth or denigrate institutions that have restrained his rule-breaking behaviour. When he appears in court for his arraignment in a case involving a hush money payment to an adult film star, he will lose that capacity.
And there are growing indications that this new reality – which will come with significant financial obligations in legal fees and calendar locks on Trump’s calendar – could be increased at a time when he is already dealing with the severe demands of another White House quest.
That’s because the ex-president, who is the first to face criminal charges, appears to be in serious trouble in a possibly more serious case involving his alleged mishandling of classified data, which is being probed by special counsel Jack Smith. Charges appear to be on the horizon as the Justice Department gathers evidence about Trump’s handling of secret documents after leaving the White House.
According to AWN’s Katelyn Polantz and Evan Perez, Smith’s prosecutors have collected daily notes, texts, emails, and images and are focusing on chronicling how Trump handled classified records around Mar-a-Lago and those who may have witnessed the former president with them. The new information coincides with indications that the Justice Department is taking moves commensurate with the conclusion of an investigation.
Trump’s former lawyer, Ty Cobb, told AWN’s Erin Burnett that the discoveries mark a dramatic turn in the ex-case. president’s “We knew the investigation was underway; we just didn’t know the alleged conclusions until today,” Cobb added. “I believe these are quite important.”
The litigation involving the documents may not be the end of it. Smith is also looking into Trump’s actions leading up to the US Capitol insurgency. Then there’s the possibility of a case in Georgia led by a district attorney investigating the ex-attempt president’s to reverse the outcome of the 2020 election in the swing state.
In all of these inquiries, Trump has denied any misconduct. In Georgia, he described his behaviour as “excellent.” In addition, he has criticised the sealed indictment in New York, where he faces more than 30 counts of corporate fraud, as an example of politicised justice.
Nevertheless, at a critical juncture in the country’s history, with an ex-president and current presidential candidate ready to face in court, there’s a growing sense that pressure is mounting on Trump, compromising his ability to avoid accountability.
Trump attempts to control his own media circus.
Trump made a huge deal about his return to New York on Monday, ahead of his arraignment. The serpentine convoy of black Secret Service Vehicles to and from his private Boeing 757 in its gleaming new livery conveyed echoes of a presidential power play intended to send a message of strength.
Trump is eager to talk in public. Following his appearance in court on Tuesday, he will return to his Mar-a-Lago resort and reclaim the media spotlight with a primetime speech in which he will likely proclaim his innocence, attack the New York case as political persecution, and attempt to distract from the fact that he will be a criminal defendant.
Numerous people acquainted with Trump’s thinking tell AWN’s Kaitlan Collins and Kristen Holmes that he has considered speaking even earlier, in Manhattan, even as advisers warn the former president that any unscheduled statements risk jeopardising his case. His speech on Tuesday night is expected to be reviewed by legal counsel before he delivers it.
Despite his bravado and experts’ predictions that he will turn his legal difficulties into political gold, Trump had a bad day on Monday. Obama was forced to return to his old haunts in Manhattan on Tuesday to face the first-ever criminal charges brought against an ex-president. Trump has historically been a force of nature who rebels against limits and has proven impossible to manage. However, he will now be subject to the orders of a court as well as the rules and conventions of the legal system, which will be far more difficult for him to disrupt and divert than the institutions of political responsibility he has destroyed.
He may be required to appear in court at times. The arduous pre-trial procedure, with its various legal argument deadlines and mountains of evidence for the defence to sort through, will place significant strain on a legal staff that has frequently struggled to behave coherently. For example, ahead of his appearance on Tuesday, Trump reshuffled his legal team, bringing in another attorney, Todd White, to serve as his lead counsel – a move that some regarded as sidelining another attorney, Joe Tacopina. However, the ex-camp president’s disputed this view.
A single criminal prosecution is difficult enough. Trump has not been charged in any of the other cases, but a multi-pronged defence in many cases would be unprecedented. It would also undermine the ex-ability president’s to govern his political timetable and fate. When he was under investigation in the Russia probe by special counsel Robert Mueller, or during his two impeachments, Trump used his enormous popularity among Republican supporters to undermine allegations against him. He put pressure on most Republican senators, who knew they would lose their jobs if they voted to convict him in an impeachment trial.
While public opinion will play an important role in determining the political implications of the New York case, the prosecution will be protected. Acting New York Supreme Court Judge Juan Merchan, who will preside over Trump’s arraignment, is immune to political pressure from the president. In reality, Trump’s attacks on prosecutors or judges may backfire in court. Even a former president cannot ignore the dance of a court case or the laws of criminal procedure.
The situation is similar to the 2020 election, when the will of the voters prevailed since Trump’s attempts to have votes thrown out and results modified failed in several courts due to fact-based evidence and legal criteria.
On Monday, Trump’s attorneys attempted to seize control of the court proceedings by fighting against a request by news organisations, including AWN, to allow television cameras into Tuesday’s arraignment. The media outlets contended that the case was so important to the public that it should be broadcast. Nevertheless, Trump’s attorneys told the judge that the move “would generate a circus-like environment during the arraignment, present unique security issues, and is inconsistent with President Trump’s presumption of innocence.”
Merchan denied the request for television cameras in a late-night verdict. But, five still photographers will be permitted to film Trump and the courthouse before the hearing begins.
The irony of the ex-president whining about becoming the target of a media circus, on the other hand, was rich. He would not have been president if he hadn’t had a salesman’s flair for inciting media circuses. In New York, Trump constructed his “The Art of the Deal” mystique by continually giving material for the city’s insatiable tabloids with his legendary celebrity feuds, colourful personal life, and economic successes and failures. His entire 2016 campaign, as well as his one-term presidency, were pageants of indignation, controversy, and lawlessness fueled by his frequently unfettered Twitter rants.
Trump is the master of thriving in a media circus. Perhaps the difference in this case is that he fears becoming a part of a media circus over which he has no control.
