Is the fever of Trumpism starting to break?
Robert
Reich
Americans should feel encouraged by the tenacity of
judges and prosecutors in holding Trump accountable
Tue 3 Oct
2023 06.11 EDT
https://www.theguardian.com/commentisfree/2023/oct/03/donald-trump-supporters-judges-prosecutors
There’s
reason to feel a bit more secure about the strength of American democracy,
notwithstanding Donald Trump’s escalating threats.
For one
thing, a large bipartisan coalition in both chambers of Congress has beat back
the House Maga Republicans’ attempt to shut down the government.
This was a
major defeat for Trump, who had called a shutdown “the last chance to defund
these political prosecutions against me and other patriots”.
Americans
should also feel encouraged by the tenacity of judges and prosecutors in
holding Trump accountable, notwithstanding his threats.
Ever since
his first indictment, Trump has attacked with increasing ferocity the judges
and prosecutors who have tried to hold him accountable – calling them
“deranged”, “thugs”, “hacks”, “corrupt”, “biased”, “disgraceful”, “radical”,
“unAmerican”, and worse.
To their
credit, judges and prosecutors have not wavered.
They have
set strict timetables for Trump’s criminal trials. They have refused Trump’s
many motions and appeals. They have ruled against Trump in the civil lawsuits
against him and meted out tough penalties.
Last
Tuesday, Judge Arthur Engoron, ruling in a civil lawsuit brought by New York’s
attorney general, found that Trump and his company deceived banks, insurers and
others by massively overvaluing his assets and exaggerating his net worth on
paperwork used to secure financing.
As
punishment, Engoron ordered that some of Trump’s business licenses be
rescinded.
Trump
lashed out: “The widespread, radical attack against me, my family, and my
supporters has now devolved to new, un-American depths, at the hands of a
DERANGED New York State Judge, doing the bidding of a completely biased and
corrupt ‘Prosecutor,’ Letitia James,” Trump wrote.
As Trump’s
attacks on judges and prosecutors have worsened, prosecutors and judges have
responded forcefully.
On Friday,
the Colorado district judge Sarah B Wallace, overseeing the first significant
lawsuit to bar Trump from the 2024 presidential ballot – on grounds that the
14th amendment explicitly bars from office anyone who has sworn an oath to
uphold the constitution and has taken part in an insurrection – issued a
protective order prohibiting parties in the case from making threatening or
intimidating statements.
Judge
Wallace said the order was necessary to protect the safety of those involved –
including herself and her staff.
Meanwhile,
Jack Smith, the special counsel overseeing the justice department’s
prosecutions of Trump, has requested a gag order against Trump. Smith linked
Trump’s ominous rhetoric to threats against prosecutors, judges and potential
witnesses.
“The
defendant continues these attacks on individuals precisely because he knows
that in doing so, he is able to roil the public and marshal and prompt his
supporters,” Smith said in the court filing.
One day
after he posted “IF YOU GO AFTER ME, I’M COMING FOR YOU!” a woman called the
chambers of the US district judge Tanya Chutkan, who has been assigned to the
election fraud case against Trump, and said that if Trump is not reelected next
year, “we are coming to kill you”. The woman was later charged with making the
call.
The top
prosecutors on the four criminal cases against Trump – two brought by the
justice department and one each in Georgia and New York – now require
round-the-clock protection.
Smith
himself – whom Trump has described as “a thug” and “deranged” – has been a
target of violent threats. His office is spending $8m to $10m on protective
details for him, his family and senior staff members, according to officials.
Since its
agents carried out the court-authorized search of Mar-a-Lago in August 2022,
the FBI has seen the number of threats against its personnel and facilities
surge more than 300%.
A Trump
supporter wearing tactical gear and armed with an AR-15 tried to breach the FBI
field office in Cincinnati. He failed, fled and later died in a shootout with
law enforcement.
Trump is
escalating his threats and provocations. Even if one or two of his followers
act on them, the result would be tragic.
Merrick B
Garland, the attorney general, recently told Congress that Trump’s demonization
of judges and prosecutors threatened the rule of law. “Singling out individual
career public servants who are just doing their jobs is dangerous –
particularly at a time of increased threats to the safety of public servants
and their families,” Garland said.
Garland
then added: “We will not be intimidated. We will do our jobs free from outside
influence. And we will not back down from defending our democracy.”
America
owes a great debt of gratitude to the judges, prosecutors, grand jurors and
prospective jurors who refuse to be intimidated by Trump’s threats, and who
will not back down from defending our democracy.
While the
mainstream media continues to treat Trump as a politician rather than a peril,
normalizing his dangerous threats, the nation’s judges and prosecutors are
protecting the rule of law.
They –
along with Saturday’s bipartisan majority vote in Congress against Maga
extremists – give some hope that the fever of Trumpism may be starting to
break.
Robert
Reich, a former US secretary of labor, is a professor of public policy at the
University of California, Berkeley, and the author of Saving Capitalism: For
the Many, Not the Few and The Common Good. His newest book, The System: Who
Rigged It, How We Fix It, is out now. He is a Guardian US columnist. His
newsletter is at robertreich.substack.com

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