Wednesday, June 5, 2024

After the Verdict


The Wall Street Journal Review Section (June 1, 2024, C3) said it simply and straightforwardly: "Trump was convicted by a Jury, not by his political enemies." It was, the WSJ observed, "12 ordinary citizens, not Biden, Soros or Merchan, who unanimously pronounced Trump guilty on 34 felony counts. In fact, the Trump trial shows why juries have long been considered an important anti-corruption device." Ultimately, of course, the voters will reaffirm or nullify the jury's verdict in November, but, as the WSJ said," we should give some thought - and many thanks - to he 12 citizens who served on the jury. ... Somewhere the Founders are smiling, even if Donald Trump is scowling." 

Not just Trump, but all of MAGA world is scowling - and, more than scowling, attacking the judicial system itself.   Nothing is surprising anymore! In this era of low trust in institutions , popular trust in the bedrock democratic republican institutions of an independent judiciary and trial-by-jury may be another casualty, with consequences increasingly catastrophic to contemplate.

Of course, there have always been some legitimate legal concerns about this case. There remains the real possibility that legal issues may result in its being reversed on appeal, the consequences of which can only be guessed at. There is also the argument to which I have been totally unsympathetic, reflected in Jonathan Chait's comment that the case may be "too marginal a violation to be balanced against the social and political costs it raises" ("Trump's Conviction: the Case for Misgivings," New York, June 3, 2024). Even so, such reservations if any "are political, not legal."

 Because, whatever happens on appeal, the jury has determined the facts of the case and has found Trump to be guilty on the facts. In MAGA world, however, this uncomfortable new information can only be evaluated in a way that aligns with the already established party line. In the rest of the world, however, Trump's conviction confirms criminal behavior on the part of someone with a familiar pattern of disrespect for law and disregard for the norms long expected of participants in our civic life. 

His supporters' over-the-top reactions only serve to highlight the danger and menace the MAGA movement may portend for our country's future.

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