Hi james,

It’s now clear that Donald Trump will end up being the single greatest stress test that the American legal system has ever undergone. The Founding Fathers, in their visionary if admittedly flawed designs for this country, could have never imagined a situation in which a blatantly criminal ex-president would run for the White House again while waist-deep in indictments after a failed coup attempt.

(Listen on Apple Podcasts or Spotify.)

To say that we are in uncharted waters right now is to radically understate the problem. The best-case scenario is that Trump loses this election, is found guilty in one or more of his criminal trials, and ends up behind bars. The worst-case scenario is that he wins the election and promptly signs a blanket pardon for himself, causing a constitutional crisis that could cause this country’s democratic institutions to crumble for good.

Given the unprecedented stakes involved, it’s perhaps not surprising that the judges in Trump’s numerous cases are struggling to rise to the occasion. While they no doubt feel the need to uphold the law — with the notable exception of MAGA partisan Judge Aileen Cannon — they’re also acutely aware of the uniquely charged political climate around these cases. They’re terrified of doing anything that might seem prejudicial against Trump and that fear is causing them to tilt too far in the other direction, handling Trump with kid gloves in situations where a normal defendant would suffer the full crushing weight of the law.

To demand that the Trump-appointed judge be kicked off Trump's Florida trial, sign here

Look no further than Trump’s flagrant disregard for the gag order in the New York hush money trial for evidence of this soft approach. Judge Juan Merchan just ruled on the more than ten gag order violations and fined him $9,000. Were he anyone but Donald Trump, Merchan would have thrown him in jail for the duration of the trial. That said, there could be additional consequences to Merchan declaring him in violation.

Trump is now in violation of the conditions for release in his other cases, all of which stipulated that he “not commit a state, federal or local offense.” He was informed that such a violation could result in his release being revoked. In other words, as far as his other prosecutions are concerned, Trump is at risk of incarceration.

Now, the odds that Judge Chutkan in DC, Judge McAffee in Georgia, or Judge Cannon in Florida will actually seize the opportunity to detain Trump pending trial are slim. None of them is eager to become the person who put Donald Trump behind bars. They know that if they do they’ll spend the rest of their lives hounded by his acolytes — and that’s assuming one of those many lunatics doesn’t decide to seek vigilante revenge.

While these concerns are understandable, caving to them is inexcusable. If these judges refuse to enforce the law out of fear for themselves they undermine the legitimacy of our entire justice system. In doing so they tacitly admit that some people are simply above the law in this country. Worse still, they embolden Trump to grow even more lawless. Such cowardice reifies the assumption that Trump has had since his childhood that he can do what he wants, to whoever he wants, whenever he wants because his wealth and privilege insulate him from the consequences. It’s time he was disabused of that notion.

Stay focused, stay energized.

Brian

Democracy Watch

Marc Elias discusses the GOP's dangerous attorney swap and what it will mean.

The Legal Breakdown

Glenn Kirschner discusses an unexpected consequence of Trump's impending contempt charge.

Inside the Right

xxxxxx Media's Tim Miller discusses Trump's disastrous primary election results in Pennsylvania.

DON'T BE A MITCH FUND

The "Don't Be A Mitch" campaign is back after a hugely successful 2022 cycle, having raised $1.2 million for voter registration groups ahead of the midterm elections. This year, with a tough Senate map, we have no room for error. I put together a list of organizations from 5 key states (Montana, Ohio, Arizona, Wisconsin, and Missouri) that I think are best situated to ensure that the Senate stays in Democrats' hands. Any amount helps!

Contribute now!