Peggy Noonan writes that she was intending a column about Hunter Biden—she eventually devotes a few paragraphs to the First Worst—but has been sidetracked by the inevitable Mr. Trump. Me too. I was thinking about comparing 2024 and 1924—I’ll get to that some other time—but I’ve been Trumpled. The guy sits atop the commentariat like a beached whale.
I have, therefore, mixed feelings about the indictment. When are we going to start talking about our country again? Not today; at least, not here. I’ve got to sort my way through the implications of this indictment.
First, let’s consider the two main arguments against Jack Smith’s work.
The initial argument, at least on Fox the afternoon of the indictment, was that it was all about Trump’s right to free speech, mitigated by the mixed message he sent to the January 6 rally crowd, which was a classic Trumpian “stand back/stand by” moment. He told the crowd to march “peacefully” to the Capitol but, once there, to “fight like hell.” The Fox commentator—I forget who it was—said this would prove impossible to prosecute.
Interesting. Jack Smith apparently agrees. The so-called “January 6” indictment is only peripherally about the events of January 6 and not at all about what Trump said that day. As former prosecutor Randall Eliason wrote in the Times:
One charge that was not included in the indictment falls under 18 U.S.C. Section 2383, which makes it a crime to incite, assist or engage in a rebellion or insurrection against the United States or to give aid and comfort to such an insurrection. This charge was part of the referral from the Jan. 6 committee. [italics mine]
In other words, this is not an indictment about inciting a riot. It is an indictment about launching a conspiracy—over the course of several months—to overthrow the government of the United States. The media should clarify this by not calling it the “January 6” indictment. Call it the “Attempted Coup” indictment instead.
A more sophisticated, but equally misleading, argument is offered by Kimberly Strassel in the Wall Street Journal:
Take Mr. Trump out of the equation and consider more broadly what even the New York Times calls Mr. Smith’s “novel approach.” A politician can lie to the public, Mr. Smith concedes. Yet if that politician is advised by others that his comments are untruthful and nonetheless uses them to justify acts that undermine government “function,” he is guilty of a conspiracy to defraud the country. Dishonest politicians who act on dubious legal claims? There aren’t enough prisons to hold them all.
Strassel goes on to a familiar WSJ litany of executive overreach and misrepresentation, especially by Democrats:
In 2014 the justices held unanimously that President Barack Obama had violated the Constitution by decreeing that the Senate was in recess so that he could install several appointees without confirmation. It was an outrageous move, one that Mr. Obama’s legal counselors certainly warned was a loser, yet the White House vocally insisted the president had total “constitutional authority” to do it. Under Mr. Smith’s standard, that was a lie that Mr. Obama used to defraud the public by jerry-rigging the function of a labor board with illegal appointments.
Several appointees! Without confirmation! Wow. Not a good idea, surely…but compare that to an elaborate conspiracy—involving fake electors in several states and direct requests to local officials to overturn certified election results—to overthrow the government of the United States. This is extrapolation run amok and below Strassel’s usual standards, sort of like equating a hangnail with cancer. It will be fascinating to see how the Murdoch properties, Fox, the New York Post and the WSJ handle this case. I dream of Rupert himself coming out and saying: I was wrong to play footsie with the guy. He is a very bad man. As an American citizen, I am appalled by his attempt to end the democracy initiated by George Washington, Thomas Jefferson and sustained by every President since. Murdoch has a lot to answer for. His irresponsibility has led us to the precipice. It is time for him to protect his investments and lead us away from the brink. (Yeah, and the chances of that happening are the same as the Trinity nuclear test leading to an uncontrolled chain reaction.)
Smith’s is not an easy case. He has to prove that Trump knew he lost the election. We don’t know if Smith can do that because we don’t know the full extent of his evidence. I would guess that if he didn’t have the goods, he wouldn’t be bringing the case. But who knows? Trump has shown a spectacular ability to outpace the posse since he arrived in office and began defacing the presidency. And, in stark political terms, this case—and the Mar-a-Lago case, and the Georgia case to come—means that the 2024 presidential campaign will be Orange Crushed by Donald Trump. He likes it that way. So, unfortunately, do many Democrats, who think it’s their best chance to win. So do third party miscreants like No Labels and Cornel West. And, sadly, we in the media are unindicted co-conspirators.
But let’s step back from the courtroom for a moment and look at the bigger picture: It seems painfully clear, whether provable or not, this egregious sociopath tried to destroy American democracy. He did this in concert with some of the sleaziest, craziest advisors imaginable. He did it against the clear advice of his actual staff. He did it for two reasons: Because he is so morally damaged that it is impossible for him to acknowledge obvious truths that disadvantage him, like the fact that he lost. And also because he feeds on outrage; it is a narcotic; it makes him feel good.
The 2024 election should have one overriding purpose: Removing Donald Trump from our public life. This case could cut either way. It could peel away marginal Trump-cultists, who actually figure out that Trump was playing them for suckers. It could, however, nourish nit-wit conspiracy populists and assorted nihilists who just want to flash a middle-finger at the Establishment; it could make Trump stronger.
And what if he’s acquitted? Aaron Burr, who raised a small rebel army and tried to split Louisiana off from the rest of the country in the early 19th century, was found not guilty of sedition. It was tough to prove intent back then, too.
If Trump walks, he soars.
Cornel Trouble
There’s a new Emerson poll that shows this in Michigan: Trump 43, Biden 41, West 4. In other words, Cornel West would give Michigan to Donald Trump. The same may well be true in other close states like Wisconsin and Pennsylvania. One wonders when and how responsible black leaders—and celebrities, because we’re playing the entertainment game—will launch their campaign against dreadful Cornel. He, like Trump, places the feeding of his demented ego above the future of democracy.
(The same poll shows the excellent Elissa Slotkin doing well against potential GOP opponents in Michigan’s U.S. Senate race, though.)
Me Elsewhere
The Liberal Patriot has published a piece I wrote about the importance of cultural issues in the 2024 election. Regular Sanity caucus members will recognize some of my arguments. But it will be interesting to see how this plays with a more liberal audience.
And A Few Other Things…
Is it just me or is Jack Smith the spitting image of Coach Beard on Ted Lasso?
Joe Biden talking to Hunter’s overseas investors, but not about business, is the equivalent of Donald Trump showing up on Jeffrey Epstein’s sex island and not inspecting the goods.
I was uncomfortable with the Mets spending gazillions on 40-year-old pitchers. I am uncomfortable with the Mets unloading those pitchers and others, and fielding a Triple-A team for the remainder of this season. But then, I am congenitally uncomfortable. I am a Mets fan.
After the 4th hitter, it’s all about prayer. Was it Roger Angell who said all Yankee’s fans were Christian because it’s all about celebration and Mets fans are Jewish because it’s about suffering?
Well, Joe - I feel for you and for Buck Showalter, the former manager of my team across town.
You know - that team which apparently snapped up Trump's wacky Covid doctors to advise on concussion diagnosis for our first baseman.
And the team that has allowed their smug GM to spend $2.6 BILLION of revenue from Yankees fans since 2010 to achieve exactly 0 WS appearances.
I'm beginning to feel like a Trump campaign donor.