Life has a way of presenting the cheque at certain intervals and to certain people. I’m speaking of a kind of karmic cheque. We see people in our lives, and Donald Trump is the poster child, who seem exempt from the rules that the rest of us live under. The rest of us must succeed in business, or at least show up religiously at a job, or else the ramifications are horrific. Not so for him. Trump has lived a life of being a wrecking ball in the business world. He simply destroys one, starts another, and begins fleecing people of their capital anew. Rinse and repeat.
But something is different right now. There’s been a sea change. Trump is not seeming as bullet proof as before. He’s no longer Teflon Don. Things are starting to stick and unflattering things they are, starting with the photos and first hand testimony of him sleeping in court. He’s still denying it but the denials just aren’t cutting it. Then, Trump was ordered Thursday to pay $9,000 to the court for nine violations of the court-ordered gag order, at $1,000 per violation. That money was due in the court’s till by the end of business today. And this no nonsense judge, Juan Merchan, had a few comments to make about not only the price tag of the gag order violations but about the jail time that will occur if and when another one happens. There is nothing ambiguous about this.
That is clear as glass. And I’m sure that Todd Blanche has explained this to Trump and I’m equally sure that Trump has told Blanche that the problem lies with him. It’s no secret that Trump has told Blanche he needs to be “aggressive” with the witnesses and the judge. That is not a winning strategy for a trial attorney and Blanche knows this and so he’s resisting. But Trump wants Blanche to be a “television lawyer” and that’s not going to happen here.
Judge Merchan is not only fed up with Trump, he’s fed up with Blanche as well. Blanche is already on thin ice. If he gets more aggressive, as Trump wants, a bad situation will become worse, at least if Jennifer Rubin’s analysis is correct.
Trump lawyer Todd Blanche repeatedly drew Merchan’s anger like few attorneys I have ever seen. “Justice Merchan has repeatedly pushed Todd Blanche to clarify his arguments, only to have Blanche deny that he is saying what he seems to be saying,” the New York Times recounted. “Trump is very lucky that the jurors are not here for this. Merchan is really dressing down Blanche right now.” Merchan scolded Blanche at one point: “You’ve presented nothing.”
Not a common rapport between a judge and a defense lawyer, this. Defense lawyers want both the judge and the jury to like them, to trust them, to believe them. This is not a good beginning towards those goals.
Merchan rejected Blanche’s argument that Trump’s post impugning the jury was simply a repost of an item by Fox News commentator Jesse Watters. “Your client manipulated what was said and put it in quotes,” Merchan said. As the argument wound down, Merchan blasted Blanche: “Mr. Blanche, you are losing all credibility.” It is one thing to lose a motion; it is quite another to alienate the judge so early in a trial.
This is what Blanche’s level of “aggression” is getting him now. Can you imagine what will happen if he goes full blown Alina Habba?
Such exchanges encapsulate the impossibility of crafting arguments to excuse Trump’s indefensible actions without running afoul of the truth and infuriating the judge. The defense counsel cannot control their client. Instead, they perform for him, reciting ridiculous and easily refuted arguments. That may fly in MAGA politics, but it’s a disaster in the courtroom.
This is the crucial issue right here. Trump wants a television lawyer that will perform for the cameras, and a criminal trial is not the place for such a display. Todd Blanche has already pushed the envelope as far as it’s possible to push it and he has incurred the distrust of this judge. Unfortunately, going as far as Blanche has has not had the effect of mollifying his client. Trump is disgusted with Blanche, so is the judge. That is the one thing that they both agree on right now, is that Blanche isn’t cutting it.
I think Todd Blanche is one step closer to the door. I seriously would not be surprised if he doesn’t last throughout the trial. Most probably Emil Bove will take over as lead counsel.
This sort of struggle with a recalcitrant defendant virtually never occurs. Most criminal defendants fear enraging the judge who possesses so much control over their fate. That a former president again seeking the job of chief executive — whose job it is to enforce the law — is repeatedly defying the court makes the situation all the more stunning. While Merchan’s slap-downs may not impress Trump followers, who continue to view him as a victim, less ardent Republicans and independents may begin to get queasy about electing someone with such disdain for the law.
Finally, Trump should be concerned about a very concrete ramification of his defiance of the court. Under New York law, the defendant’s “history, character and condition” are relevant criteria. Refusal to follow the court’s orders, bullying of witnesses and jurors, and contempt for the judiciary as a whole would almost certainly weigh against him.
Let’s see what happens this week. Trump has been fairly close mouthed in public but he still has access to social media. He might lose what little self control he has there. And if he does, he could have a memorable experience ahead of himself as a guest of the City of New York.
Trump yet again violated the gag order just today with a Steve Bannon repost attacking the judge’s daughter. The only thing the judge can do now is throw the garbage into the dumpster.
REFUSAL TO FOLLOW THE COURT’S ORDERS, BULLYING OF WITNESSES AND JURORS, AND CONTEMPT FOR THE JUDICIARY AS A WHOLE WOULD ALMOST CERTAINLY WEIGH AGAINST HIM.
That is exactly as it should be.
It’s obvious, Trump wants to go to Jail…..This abomination wants to see what chaos or violence, his followers can cause! Gawd, I loathe this MONSTER. the RW created!
‘now I don’t like it…but that’s the way he wants it.’ the prison boss in Cool Hand Luke
so he gets it
they,ll be dancing,dancing in the streets.hope we survive the tears from trumpers/maga idiots.