In the wake of his indictment announcement, Donald Trump took to Truth Social to express his grievances. He made repeated claims of winning the election, professed his innocence, blamed Hillary Clinton for the Russia investigation, and dismissed all investigations into his conduct as hoaxes. However, during his arraignment, Trump remained silent, with his arms crossed, while his lawyer entered a plea of not guilty on his behalf. Trump’s speeches over the weekend were filled with falsehoods, but in court, his lies came to a halt.
Trump has mastered the art of shameless lying or, more accurately, bullshitting. The philosopher Harry Frankfurt differentiates bullshitting from lying, as bullshitters don’t care about the truth of their statements. Trump is a consummate bullshitter, but the courtroom is not a favorable place for such bluster. It is an environment designed for careful evaluation of arguments and meanings. In court, Trump is out of his element. This clash between the legal system and Trump’s reality continues with the Mar-a-Lago indictment.
Trump’s account of his actions regarding the classified documents found at Mar-a-Lago is wildly fantastical. He claims to have declassified them before leaving office, but there is no evidence to support this. He also suggests that his enemies unjustly persecute him, despite there being no evidence of deliberate mishandling or refusal to return the materials. Recently, his posts on Truth Social about the case have been in all capital letters, intensifying his tone.
In contrast, the indictment against Trump is a composed and controlled document. It presents a concise case against Trump and his aide, Walt Nauta. It alleges that Trump took government papers that did not belong to him, lied about them, and refused to return them, thereby endangering the country. The indictment even uses Trump’s own words against him to debunk his claims. It cites an exchange where Trump acknowledges that he couldn’t declassify a document because he was no longer president, contradicting his public assertions.
The indictment accuses Trump of disregarding laws regarding classified materials because he wished they didn’t exist. When the government pursued the documents, he attempted to rewrite the facts by hiding additional documents and encouraging his associates, including his lawyers, to lie to investigators. His lawyer’s notes reveal Trump suggesting that they deny having any documents. The government, however, was not swayed by Trump’s tactics and firmly stated that he ceased to be president at noon on January 20, 2021.
The courtroom is an inhospitable place for Trump’s falsehoods. Lawyers cannot lie before a judge and must provide evidence to support their claims. It is a space where arguments are presented in an orderly process, allowing competing claims to engage with each other. Trump’s inability to substantiate his wild claims has been evident in his battles to overturn the 2020 election and in defamation cases against him.
The legal system has become a barrier for Trump’s lies and a platform for presenting the truth. Trump’s lawsuits have given the government an opportunity to outline their case against him. In the Mar-a-Lago investigation, the Justice Department responded to Trump’s legal barriers with a compelling account of how he hindered their efforts to retrieve sensitive information. Trump’s inability to present his declassification argument in court further exposed his falsehoods.
Trump may face more confrontations with the law, including the potential legal ramifications for his role in the January 6 insurrection and charges in Georgia related to his efforts to overturn the 2020 election. While it may seem like a triumph of accountability, Trump has a knack for escaping legal and political traps. The judge appointed to oversee the case against him has previously mishandled legal principles in favor of Trump. If she does the same this time, it could hinder the special counsel’s prosecution of the case.
The story of Trump’s legal battles is intertwined with his confrontation with the truth. It remains to be seen how these confrontations will unfold and whether they will hold Trump accountable for his actions.
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