Judge Arthur Engoron was exasperated as he pleaded with Donald Trump's lawyer during the civil fraud trial, saying, "I implore you to rein in your client, if possible." This plea came as the witness, who seemed beyond redemption, proudly showcased his substantial wealth, launched scathing political assaults, and employed utterly nonsensical reasoning.
Engoron, who presides over the New York trial, addressed a profound question that will ultimately determine a political figure's significance in history. The answer, as always, remains unchanged: Trump cannot be manipulated or restrained.
No ordinary lawyer could enforce the level of discipline that the constitutional checks and balances spanning over two centuries failed to provide during Trump's tenure and beyond. Despite considering the dismissal of the former president from the witness stand, Engoron chose to let the Trump controversy continue, perhaps hoping that it would eventually subside, although history has proven that it never does.
Trump's confrontational defense against accusations of exaggerating his wealth in order to defraud banks, insurance companies, and the state of New York showcased a troubling preview of the upcoming 2024 election season, which is likely to be entangled in his extensive legal troubles. However, it also shed light on Trump's unwavering refusal to concede even an inch to his adversaries, and highlighted why voters who hold disdain for authoritative figures from the East Coast and liberal societal norms admire him.
His testimony served as a warning to lawyers aiming to dismantle his constructed world of alternate realities with facts and evidence. Additionally, it demonstrated his ability to charm and confuse jurors in his forthcoming criminal trials.
As he entered the witness box and raised his hand, swearing an oath to tell the truth, this act held a certain irony considering his history of falsehoods. Trump once again broke norms, as former US presidents are not typically called upon to justify their actions in court. The four-hour scrutiny of the Trump Organization's financial records on Monday was merely a prelude to future criminal courtroom spectacles. These trials could potentially result in the Republican Party nominating a convicted felon for the presidency, an unprecedented development. Trump staunchly denies any wrongdoing in each of the cases against him.
Trump shows what he will do to save himself
In contrast to his typical campaign attire of a dark suit, white shirt, and unusually long red tie, Trump confidently dons a sleek blue suit, tie, and shirt. His appearance leaves no question that he will stop at nothing, including dismantling legal and political institutions, to secure his own salvation.
"It amounts to election interference, as you aim to confine me within this courthouse for the entire day," Trump accused prosecutors from New York Attorney General Letitia James' team, alleging that she is using an attempt to dismantle his business as a strategy to launch her own campaign for governor. In a familiar pattern, the former president is distorting the truth by reversing roles – it is actually him who is politicizing the justice system as he seeks to regain power.
Furthermore, prior to his judgment, Trump is striving to undermine the institutions of accountability that will ultimately determine his fate. Trump further labeled the judge as "extremely hostile," raising his hand to indicate Engoron, who sat near and slightly above the witness box on the bench.
The former president's day provided a glimpse into his chaotic life as a real estate tycoon, iconic figure in New York City, reality TV star, demagogic politician, and ultimately, the president of the United States. He consistently obstructed, exaggerated, and hurled insults, shamelessly disregarding courtroom decorum and replacing straightforward answers with partisan narratives. However, Trump also displayed an impressive ability to manipulate and outwit his interrogators in both the legal and media arenas, using his outraged stream of consciousness and linguistic dexterity to confuse and frustrate them.
Occasionally, Trump even showcased a sense of humor, which is one of the key elements that has captivated millions of Americans. For example, when asked if he had constructed houses on a golf course in Scotland, he admitted that he hadn't, but slyly remarked, "I have a castle." Furthermore, he never missed an opportunity for self-promotion, proudly stating that his Florida Mar-a-Lago resort was flourishing, claiming to have built the finest building on the West Coast, and dubiously asserting that his golf course in Aberdeen was the greatest ever created.
Trump once mentioned, "I have had substantial funds for a considerable duration." His followers were unable to witness his trial as it was not broadcasted, but they would have undoubtedly identified the forceful presence of his personality on the witness stand. This persona, characterized by the inclination to disrupt everything, has propelled him to become the leading Republican candidate despite being impeached twice and indicted four times during his presidency. Additionally, Trump left Washington under a cloud of disgrace nearly three years ago.
It was evident well before Trump left the court, complaining about a "scam," that his legal approach was no different from his usual political strategy: deny everything and label any critique as evidence of a vast and unjust conspiracy against him. The intention was clear: exploit the latest attempt to hold him accountable as a means to fuel a martyrdom narrative and regain presidential powers, ultimately escaping from his legal troubles.
"People are fed up with what's happening. I believe it is a truly unfortunate day for America," Trump declared at the conclusion, while also referencing The New York Times polls that indicated his lead over President Joe Biden in crucial swing states. This tactic, employed by his lawyer Chris Kise as well, insinuated that the "soon-to-be" next president was not being given proper respect.
Trumps dignity is ruffled
Yet Monday was also a rude awakening for Trump.
Retired commanders-in-chief are often surrounded by a shield of deference, accompanied by their secret service detachments and forever held title of "Mr. President." Trump, known for his alpha male persona, relies on intimidation both in his business ventures and political engagements, whether in person or on social media. However, it seems like a considerable amount of time has passed since anyone had stopped Trump in his tracks, until Engoron intervened, interrupting his rambling with a firm "No, no, you answered the question."
In this courtroom setting, there was no "Mr. President" bestowed upon him by the attorney generals, lawyers, or the judge. Instead, he was simply addressed as "Mr. Trump." Seated in a leather chair within the wooden-paneled witness box, he sat alone with his hands clasped in his lap.
The trial quickly turned into a power struggle between Trump and Engoron as they vied for control of the court. During one interaction, the judge questioned the lawyers about a request for an "essay" on brand value after Trump went on a tangent. Annoyed by the partisan remarks, Engoron cautioned that the courtroom was not a political gathering. The judge also took offense to the ex-president's complaint that he consistently ruled against him. Kise, adopting a subservient tone often seen among Trump's followers, argued against the judge's reprimands and praised the ex-president's "brilliant" responses.
Later, in an attempt to avoid providing grounds for a potential appeal, the judge reluctantly allowed the ex-president to ramble on. However, by the end of the day, Engoron's patience wore thin, describing Trump's answers as a repetitive broken record. The ex-president retorted that the judge kept asking him the same question repeatedly. Nevertheless, Engoron will have the final say. He has already ruled that Trump, along with his two adult sons and the Trump Organization, are legally responsible for fraudulently inflating his wealth in exchange for favorable deals with financial institutions and insurance companies. The trial will address additional claims and determine the amount of restitution to be paid, as well as decide whether Trump will be barred from conducting business in New York.
How Trump defended himself
Determining whether Trump had assisted or harmed himself was a complex task. His actions seemed to interfere with the trial's smooth progress. Nevertheless, as he expressed dissatisfaction at a certain moment, it should be noted that there is no jury involved and Engoron will be responsible for adjudicating the trial.
Trumps defense was based on three main arguments. Firstly, he rejected accusations of property inflation and instead claimed that he undervalued most of his properties because he did not include the ambiguous millions of dollars associated with his "brand" and its potential. Secondly, he asserted that a disclaimer clause in financial documents protected him, meaning that banks and insurance firms were responsible for conducting their own investigations. Lastly, he consistently maintained that there were no victims, thus there could not have been any criminal actions.
This consistent denial and unwavering belief in his invulnerability mirrored Trump's false assertions while in office that the Constitution granted him nearly unlimited authority, as well as his claims that the phone call with Ukrainian President Volodymyr Zelensky, which led to his first impeachment, and his speech on January 6, 2021, preceding the Capitol insurrection, were "perfect."
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'Crash and burn': Elie Honig reacts to Trump's courtroom strategy
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Trump's recent remarks provide an intriguing insight into his mindset as a businessman, shedding light on his unfounded claims of winning the 2020 election despite clear evidence of his loss.
In declaring, "I can assess the value of a building simply by looking at it," Trump implies that he possesses an innate ability to determine the true worth of a property, disregarding the intricate financial instruments typically involved in valuations. This inclination to mold reality in accordance with his desires has long been a defining characteristic of Trump's political approach, and it appears he employs a similar strategy when assessing election results, disregarding factual evidence regarding the popular vote.
The question of whether Trump truly believes his statements will be crucial in two election interference trials, one in federal court in Washington and one in Georgia. Prosecutors will need to demonstrate that he had the intention to violate the law. Despite overwhelming evidence to the contrary, Trump maintains that he won the 2020 election. In his alternate reality, he may genuinely believe this or have the ability to persuade a jury that he does.
However, the most concerning result from Trump's day in court on Monday is that even though the law may succeed in holding him accountable where constitutional and political restraints have failed, there is no indication yet that anyone or anything can rein in the potential 47th president of the United States.