The walls are closing in on Donald Trump
In a sane reality, this mountain of criminality would render any presidential candidate unelectable in the eyes of the public. But we don’t live in that reality
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Your support makes all the difference.The former president of the United States, who took an oath to uphold the Constitution, could be imminently indicted for seeking to destroy it.
Department of Justice Special Counsel Jack Smith has sent a target letter to Donald Trump in his probe of the plot to overturn the 2020 election. This has been confirmed by multiple news outlets citing law enforcement sources and Trump’s own unhinged Truth Social posts on Tuesday. Trump said he was given four days’ notice to testify before the DC Grand Jury. The sentiment is widespread among legal experts that this means Trump is almost certainly about to face imminent indictment, again. This would be Trump’s third, and most damning, indictment thus far.
The target letter reportedly named potential charges that include conspiracy to commit an offense or defraud the US, deprivation of rights, and tampering with a witness. These charges would be consistent with what was uncovered by the January 6 Committee in their riveting series of hearings we covered last year. Trump’s conduct was laid bare in compelling fashion for the world to see. The committee’s repetition of the sequence of events is seared in my memory: Trump knowingly spread election lies to justify his plot; pressured state officials to submit fake electors; pressured the DOJ to declare election results corrupt; pressured Vice President Mike Pence to refuse to certify the results; then used violence as a tool on January 6.
The January 6 Committee’s hearings culminated in the recommendation of obstruction of an official proceeding, inciting an insurrection, conspiracy to make a false statement, and conspiracy to defraud the government charges. They also used a ruling from Judge Carter to bolster their recommendation. Last March, Judge Carter ruled that Trump and his former lawyer John Eastman “more likely than not” committed obstruction and conspiracy in their bid to obstruct Congress’s ability to count the electoral votes in the 2020 election.
Attorney General Merrick Garland handed over the DOJ’s insurrection investigation to the special counsel last November. Now, less than a year after taking the probe over, Jack Smith has a buffet of charges to choose from. We know the special counsel has had even more access to witnesses than the January 6 Committee did, and likely has significantly more evidence. We could soon see a sprawling conspiracy charge that puts Trump at the center of a plot to overthrow American democracy with a trial date that could land right in the middle of his 2024 campaign. The symbolic nature of this couldn’t be more on the nose if you put democracy itself on trial.
If this was the only charge Trump faced, it would be bad enough, but it’s not. Trump stands amid an avalanche of legal and civil troubles. Given the velocity and ferocity of these developments, it can be hard to keep track and easy to tune them out. This week alone was jam-packed with developments. So let’s take a quick look at the myriad of legal threats plaguing Trump that we should all be paying attention to.
Classified documents case
The case: Last month, Donald Trump was hit with a 49-page, 37-count indictment for his theft and mishandling of classified documents at Mar-a-Lago. The charges include willful retention of national defense information, concealing documents in a federal investigation, false statements, and conspiracy to obstruct justice. In the aftermath of the indictment, an audio tape was released showcasing Trump allegedly exposing classified documents at his Bedminster Golf Club.
Latest developments: The case is currently in court with Florida Judge Aileen Cannon overseeing it. She’s been widely seen as controversial, given her past pro-Trump rulings. The latest moves in this case happened this week, with Judge Cannon signaling she would not grant the December 2023 trial date prosecutors are requesting, but at the same time not indicating she would agree to Trump lawyers’ requests to get the trial pushed beyond 2024.
The impact: The classified documents case is also an incredibly damning case given it’s prosecuted under the Espionage Act. Aside from the potential jail time Trump would face if conviction, this case also spotlights Trump’s hypocrisy given his attacks on Hillary Clinton for using a private email server. If this case were to come up in 2024, it would put Trump’s record of national security liabilities into focus. It would also mean Trump could face more than two trials in 2024.
Hush money case
The case: In April, Trump was indicted on 34 counts of falsifying business records by Manhattan DA Alvin Bragg. The charges relate to 2016 hush money payments made to two women he allegedly had an affair with, Stormy Daniels and Karen McDougal. There was also a third instance of hush money covered in the indictment related to a $30,000 payment to a Trump Tower doorman who was paid after claiming he had information about Trump having a child out of wedlock.
Latest developments: The trial date for the hush money case is March 2024. In late June, Judge Alvin Hellerstein indicated that he would likely rule that the trial should stay in state court, showcasing a willingness to rebuff Trump lawyers’ requests to take it to federal court.
The impact: The March 2024 trial date will have a significant impact because it will be ongoing right in the middle of the 2024 GOP primary season and the same month as Super Tuesday. It will be a stark reminder of Trump’s infidelity to a party that claims to promote family values. The word "claims" is doing a lot of work there.
Georgia probe
The case: In Georgia, Fulton County District Attorney Fani Willis has been investigating Donald Trump and his allies’ plot to overturn the 2020 election. The grand jury investigation has been probing the multifaced plot including fake electors and a series of phone calls placed to Georgia officials, which includes Trump’s infamous phone call to Georgia Secretary of State Brad Raffensperger pressuring him to "find" just enough votes to declare him the winner in Georgia.
Latest developments: On Monday of this week, the Georgia Supreme Court denied Trump’s effort to shut down the Fulton County probe. There has been a flurry of legal moves from the DA, including garnering witness testimony and granting immunity to some in the fake elector plot. On Wednesday, we learned of a May subpoena of CCTV surveillance footage from the State Farm Arena on election night. This comes after the February public appearance of the grand jury’s foreperson claiming that they recommended charging more than a dozen people.
The impact: If Trump is also charged in Georgia, it would compound the Special Counsel’s January 6 indictment and put Trump’s anti-democratic nature in the spotlight.
Trump Organization civil case
The case: In September 2022, New York Attorney General Letitia James filed a lawsuit against the Trump Organization alleging decades-long fraud. The lawsuit targeted Donald Trump, Donald Trump Jr, Ivanka Trump, Eric Trump, Trump Organization CFO Allen Weisselberg, Trump Organization executive Jeffrey McConney, the Trump Organization as a whole, and other businesses associated with the former president. The allegations involve the inflation and deflation of assets to secure loans, secure insurance benefits, and avoid taxes.
Latest developments: Ivanka Trump has since been dropped from the lawsuit but the remainder of the case is still moving forward as planned. This year, Trump was questioned under oath. The trial is scheduled for October 2023 and is seeking to prevent the Trumps from doing business in New York.
The impact: The end as we know it of the Trump Organization in New York would have a big impact on Trump’s business. When it comes to his candidacy, a big part of Donald Trump’s appeal has always been the lie that he is a brilliant businessman. In reality, he is a fraud. This October trial should put that further into the spotlight ahead of the 2024 election.
The E Jean Carroll Case
The case: In May, a jury found Donald Trump civilly liable for the sexual assault and defamation of E. Jean Carroll. Trump was ordered to pay Carroll $5 million. Trump appealed the case but then got himself in hot water once again by immediately appearing in a CNN town hall and defaming Carroll once again. Carroll wasted no time and sought to amend her other lawsuit to include Trump’s comments. Judge Lewis Kaplan allowed it to be amended.
Latest developments: On Wednesday morning, Judge Kaplan denied Donald Trump’s request to deem the first trial a mistrial, so Trump is still ordered to pay the $5m. But it’s not over. There is a second Trump defamation trial scheduled for January 2024. This time, E Jean Carroll is seeking $10m.
The impact: The monetary impact may be minor for Trump, but having a second trial reminding Americans of Trump’s history of sexual assault allegations surely won’t help his primary message.
What does all this mean for 2024?
In a sane reality, this mountain of criminality would render any presidential candidate unelectable in the eyes of the public. But we don’t live in that reality. We exist in a world where Trump is still the frontrunner in the 2024 Republican primary. That being said, these cases give Trump’s opponents an opening – if they’re willing to take it, of course.
So far, only former New Jersey Governor Chris Christie has been willing to hold nothing back in his attacks on Trump while his other opponents, like Florida Governor Ron DeSantis, have condemned the indictments as political attacks. If Trump’s opponents don’t want to speak the full truth about Trump’s corruption and brazen depravity, there is also a compelling case to be made that Trump’s legal woes would provide too much baggage to the GOP 2024 ticket. Also, Trump could very well be convicted of any of these crimes in 2024. Would Republicans want to vote for someone in a primary who could face mandatory jail time? How would that even work?
Horse race aside, Trump is clearly unfit to serve as president of the United States. He was unfit in 2016, unfit in 2020, and he’s even more unfit now. If he were to regain power, Trump will only feel emboldened to continue his crusade of corruption and likely seek to get revenge on those who tried to hold him accountable. Once again, our democracy is about to be on the ballot just as it will quite literally be on trial.