Monday, September 23, 2024

What is next for Trump?


Today, with little notice, Jack Smith requested leave to file and outsized brief regarding the question of official v. non-official acts. He also acknowledged that he will not go public with this filing - and instead will create a redacted version for the court to review. The implications of this last bit are staggering.

Trump's lawyers now have to do their job, rather than serving as agents of their client's whims and mental dysfunction. If they do not engage, Smith's version of redactions will go public. If they repeat Trump's position that all acts are official or that all evidence must be redacted, the Judge will simply accept the Special Counsel's version for publication.

Trump needs to actually engage fully with the facts, rather than his personal authenticity, or else let his lawyers work for him without his interference. This will bring home the fact that the evidence against him is irrefutable and, under Rule 48A, he cannot win and make the charges go away without the permission of the Court. She won't give it, so this trial will happen unless Trump makes a deal. Since he does not like any disclosure, he needs to make that deal now. Today's filing puts some pressure on to at least consider some kind of offer or proffer which implicates his co-conspirators 

The missing piece for Trump is some assurance of what confinement looks like. The Secret Service, the Federal Marshalls Service and Walter Reed-Bethesda need to work out what will become of him, especially if, because he is dead to rights, lets his lawyers argue that he is incompetent to assist in his own defense. That puts it mildly. He is hurting more than helping his cause and his advancing dementia, as well as other long term deficits (at least ADHD and likely some kind of compensating disorder). He needs to be in what can be called Trump Tower - South in Bethesda, Maryland.

Pleading incompetence takes him out of the race - and the longer he waits the less likely the party goes with anyone but J.D. Vance - which would be a 50 state + DC loss. As it is, if the Democrats go full force on Cruz as an insurrectionist - the Senate coordinator of the larger plot - then his loss will take Trump down. Trump loses anyway. Any expansion of the Democratic base, along with actual Haley voters going with Harris, means that she will get more votes than Trump. This is likely the case in Florida as well - and possibly Iowa and Ohio. Realistically, Trump is done. It is all over but the tears and tantrums - which if he has any self-respect, should be done out of site at Trump Tower South.

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