SALON
Donald Trump’s utmost assault on American democracy and the rule of law has been his ability to exploit these foundational institutions to weaken each as he constantly makes a mockery of both. It’s part and parcel of his efforts to sustain personal power. The ultimate goal is to enable oligarchic domination and facilitate financial looting by the uber-wealthy.
My aim in this commentary is to move beyond Trump’s procedural harms or distractions and to connect his very real substantive crimes, fraudulent behaviors, and policies of deception to the GOP’s larger and unending appropriation of accumulated capital from the US commonwealth.
Contrary to Trump’s repetitive narrative about how the Justice Department (DOJ), state prosecutors, and the courts are engaging in some kind of persecution or witch-hunt and/or weaponization of the rule of law against the former president as part of a “deep state” conspiracy to interfere with his winning back the presidency in 2024, these civil and criminal agencies of adjudication have been bending over backward to privilege or accommodate Trump’s perpetual lawlessness inside and outside various courthouses across America.
For example, the latest episodes of indulging the “man-child” occurred during closing arguments of Trump’s $370M civil fraud trial as well as his second sex abuse defamation civil trial in two Manhattan courtrooms located in close proximity.
In the latter case, which ended Friday with a jury judgment that Trump must pay E. Jean Carroll over $83 million in damages, Judge Lewis Kaplan had this testy exchange with Trump. “I understand you’re probably very eager for me” to remove “you from the trial.” To which Trump sitting between his two lawyers at the defense table shouted back, “I would love it.” Of course, Trump would.
Trump had already been warned that he could be expelled for continuing to disrupt the trial. Nevertheless, the judicially found rapist of Carroll could be heard remarking loud enough to his lawyers for the jurors to hear, “it is a witch hunt” and “it really is a con job.” Never mind that Trump in a previous lawsuit by a jury of his peers had already been found civilly liable for sexual assault as well as defamation of character to the tune of $5 million. It’s little wonder he stormed out of the courtroom on Friday.
Procedurally, either Trump as the defendant or one of his attorneys, but not both, was entitled to make the closing argument. However, Judge Engoron made an exception allowing Trump and his attorney Chris Kise to speak during closing arguments. Before doing so, the judge re-iterated what he had previously spelled out
Nevertheless, until Trump is finally criminally convicted by a jury of his peers, Trump’s narrative of persecution or victimization will continue to resonate in the minds of the GOP majority rather than the 91 felony counts against him. In the former case, Judge Arthur Engoron bent the rules and allowed Trump “to go on a courtroom rant lasting several minutes,” which had nothing whatsoever to do with either the law or the facts of the case. Instead, Trump made another political speech claiming that the New York civil trial is a ‘fraud on me’ and that he was “an innocent man” who claimed among other things that the New York Attorney General Letitia James “hates” him and “doesn’t want me to get elected.” Trump also stated to the presiding judge, “I know this is boring you. I know you have your own agenda” here as well.