Clearly, the Democrats thought it would be well worth it to convict Trump in a nakedly political show trial. The lawyers among them – and there are many such – had to be aware of the abysmal weakness of the case. They also had to be aware that a guilty verdict ran the risk of turning Trump into a martyr, a transformation that Russiagate and two impeachments had already begun but that the trials would intensify greatly.
So why did they do it? I think there are a host of reasons, some emotional and some cerebral. The emotional motive is clear: they wanted to see him squirm and they wanted power over him. You can see their glee about that now. But the other calculations are probably as follows:
(1) Take up his time and money in fighting the charges, and make it hard for him to campaign.
(2) Frighten other Republicans who fear the same thing can happen to them.
(3) Don’t televise the trial and instead filter it for the public through the compliant and Trump-hating MSM.
(4) For the entire campaign, call Trump a convicted felon. It is hoped that this will turn off many Independents who might otherwise have voted for him, and even some Republicans.
(5) Allow Stormy Daniels free rein to talk about a purported sexual liaison with Trump, thus embarrassing him and humiliating him and hurting Melania into the bargain.
(6) Perhaps jail him; we’re still not sure how that will go.
But there was always one big danger, and it remains. The case was weak and strange, transparently a show trial in a Democratic venue run by Democrats and peopled by Democrats on the jury. This took away from its validity and authenticity. The more people who perceived this, the more people who might consider Trump a martyr and the Democrats tyrants, which might increase the vote total for Trump rather than reduce it.
Which brings us to point number 7 on the list: Democrats must have thought and must still think that they will be able to overcome any voting deficit through cheating and/or rigging. Perhaps they are right – but then again, perhaps they are wrong. I’ve read various polls on the election today that say the conviction might actually help Trump slightly with voters, but I’m not even going to discuss them in depth here because I think it’s way too early to tell. One thing we do know is that donations to Trump increased greatly, post-verdict.
Another thing that’s obvious is that the Democrats are not afraid of Republican retaliation in kind. At the moment, because he is the president, Joe Biden is immune from criminal prosecution. They are banking on his remaining president for four more years, and after that will he even be around? If he is, he will be even more decrepit and supposedly either too sympathetic for that reason or actually too incompetent to stand trial.
But there are lesser Democrats who might be vulnerable. The Democrats are probably relying on several things to protect them: their capture of the FBI and DOJ, the fact that Republicans could not get a conviction in DC no matter what the offense of the accused Democrat, and the idea that Republicans are not cutthroat enough to go through with what the Democrats are willing to do in the name of a ruthless drive to power.
It remains to be seen whether the Democrats are correct about all of that. But even such a formerly mild and non-Trump-loving lawyer-pundit as John Hinderaker is proposing what I guess would be called civil disobedience by Republicans against Democrats:
If Joe Biden is re-elected following this outrage, he will be an illegitimate president. What does that mean? It means, I think, that no one should be obliged to follow his executive orders. All such orders will be illegitimate and should be disregarded, as appropriate. Likewise, residents of the sane states, and their public officials, should be free to disregard rules and orders that come out of the Biden administration’s agencies–the Biden EPA, and so on. And rulings of Biden-appointed judges, or of panels on which one or more Biden judges were part of the majority, should not be given any precedential effect.
More fundamentally, the Democratic Party is now illegitimate. We should stop treating it as a normal political organization. We conservatives have played by the rules, trying to hold our country together in the face of increasingly radical and irrational conduct from our political foes. Those days should be gone. The Democratic Party is now exposed as the enemy of freedom, democracy and the rule of law, and should be treated accordingly.
And yesterday Hinderaker advocated ruthless lawfare on the part of Republicans:
… [T]he Democrats understand nothing except the raw exercise of power. Therefore, Republican attorneys general and district attorneys should bring criminal charges against Democratic officeholders wherever possible. No Democratic officeholder should be allowed to retire, in any jurisdiction with Republican law enforcement, without facing criminal charges. …
Third, the criminal prosecutions should begin with Joe Biden. Unlike Trump, Biden is actually a criminal. He is already known to be guilty under the federal bribery statute, to the tune of at least $20 million. If Trump wins in November, his Department of Justice should immediately indict Biden, and Biden should be hounded until the day he dies or goes to prison, whichever happens first.
Of course, Republicans face a disadvantage that Democrats don’t. Some cases, including, I assume, a federal criminal prosecution of Biden, would have to be brought on the Democrats’ home turf, Washington, D.C. If that is the case, so be it: as Mark Steyn says, the process is the punishment. Biden likely would not live long enough to face a jury in any case.
And attorneys general in states like Texas, Florida, South Dakota, etc., should look into whether Biden’s taking of bribes or other actions could qualify as crimes under their states’ laws. After all, if Alvin Bragg can prosecute Donald Trump for federal campaign finance violations that he didn’t commit, another state official can likely find grounds to prosecute Biden for bribery, which he did commit.
It has been my impression that, until now, Hinderaker hasn’t been advocating any of this. And at least for quite some time he was not a Trump supporter. This event seems to have radicalized him – his J’Accuse…! and he is not alone. Anyone who cares about the rule of law faces the same decision about how best to fight this, because it cannot be countered by the usual means.
I plan to have more to say on that, too, in the future.