What to look out for tomorrow at Trump's arraignment
Gag order, threats on the life of the Manhattan DA, arrests of Trump supporters
All things Donald Trump generate suspense because he is impulsive and uncontrollable like an enfant terrible.
Trump’s arraignment tomorrow before New York Supreme Court Judge Juan Merchan is no exception. Trump has vitriolically denounced the Judge as biased and absurdly declaimed that he was appointed by Manhattan District Attorney Alvin Bragg (New York Supreme Court Judges are elected). These are Trump’s incendiary words:
“The Judge ‘assigned’ to my Witch Hunt Case, a ‘Case’ that has NEVER BEEN CHARGED BEFORE, HATES ME. His name is Juan Manuel Marchan, was hand picked by Bragg & the Prosecutors,” misspelling the judge’s name.
Trump will assuredly plead not guilty to the felony of fraudulently representing as legal fees $130,000 in hush money to Stormy Daniels to influence the outcome of the 2016 presidential election.
Judge Merchan is highly likely to impose a gag order on Trump, all attorneys, and all witnesses in the case prohibiting any public statements relating to the criminal prosecution until the trial concludes. The purpose would be to avoid tainting the jury venire with information or evidence not admitted at trial and to diminish the circus-atmosphere hovering over the prosecution. It has been created by verbally violent, counterfactual, and hysterical attacks on the criminal justice process by Trump and his echo chambers.
Indeed, Trump’s rants have created a non-frivolous risk of a second edition of the January 6th violence but outside the Manhattan courthouse. (Trump’s crooked crony Roger Stone was subjected to a judicial gag order during his perjury trial, which Stone flouted and caused the presiding federal District Judge to strengthen the terms of the order).
Enraged and infuriated, Trump may choose to violate the gag order hoping to win greater sympathy from his unhinged rabble and raise money and political support. That seems likely because Trump has never been able to conceive of law as more than a jumble of political calculations with ulterior motives. Transgression of a gag order would probably be sanctioned by Judge Merchan with a fine and short jail time.
Criminal assault is putting a person in reasonable fear of death or serious bodily injury. Trump is already close to if not over that line with DA Alvin Bragg. Trump has with a photo threatened to smash the DA with a baseball bat in conjunction with calling him an “animal,” a “psychopath,” and vowing to go further on Tuesday and “rough ‘em up.”
If Trump were an ordinary citizen, he would have already been indicted for criminal aggravated assault. His defenders are right in pointing out a double standard. But it has worked in Trump’s favor, not only regarding criminal assault but the 10 counts of obstruction of justice special counsel Mueller compiled against Trump but could not be prosecuted under Justice Department policy because he was then a sitting President.
Extrapolating from the violent and malignant language Trump’s supporters have indulged in inveighing against his indictment, one or more might attack the New York police tomorrow or vandalize property. In their warped minds, they are standing at Armageddon and fighting to save the country from the devil. Thus, their putative God-like ends justify serpent-like means.
We must all remain on high alert to defend fair process and the rule of law until Trump’s criminal justice ordeals conclude. That is our deliverance from Trumpism even though Trump and his mob would never reciprocate.
Trump's flagrant disregard for the rule of law and his inflammatory rhetoric serve only to exacerbate societal divisions and erode the integrity of democratic institutions.
I think a gag order by Judge Merchan is vital for maintaining impartiality and preventing undue influence on public opinion. Trump's consistent pattern of inciting his base and the violent tendencies of some supporters underscore the imperative of safeguarding democratic foundations.
We must champion the rule of law, stand against attempts to subvert justice, and protect the democracy from further degradation.