In many ways, Donald Trump’s mental state is more transparent than that of most public figures. He lacks shame, discretion, and freely expresses his feelings in real-time through various channels. However, his constant stream of consciousness and perpetually heightened emotions make it difficult to discern the subtle fluctuations in his mood.
Nevertheless, his recent public behavior following his indictment by Special Counsel Jack Smith suggests a man who feels trapped. It is not to say that Trump is actually cornered – his ability to escape difficult situations is enviable – but his handling of the case indicates a rare sense of unease.
The former president has launched personal attacks against Smith, which is unusually personal even for him. He has also targeted Tanya Chutkan, the federal judge assigned to his case. Trump has delivered angry speeches in Alabama and South Carolina, taunted the U.S. Women’s National Team, blamed President Joe Biden for their early World Cup exit, and nonsensically mocked former House Speaker Nancy Pelosi. He even sent his attorney to appear on all five major Sunday-morning TV programs. Insider reports suggest a sense of serious concern within Trump’s camp.
However, what Trump has failed to do is provide a coherent account of his actions, denying any conspiracy to overthrow the duly elected government. This is likely because he did conspire to overthrow the government. In a recent post on his Truth Social site, Trump wrote, “Deranged Jack Smith is going before his number one draft pick, the Judge of his ‘dreams’ (WHO MUST BE RECUSED!), in an attempt to take away my FIRST AMENDMENT RIGHTS – This, despite the fact that he, the DOJ, and his many Thug prosecutors, are illegally leaking, everything and anything, to the Fake News Media!!!” These statements followed a series of rants, including attacks on Mike Pence and Chutkan.
Attacking the judge and prosecutor in one’s own case is generally not recommended as a defense strategy. However, Trump has little regard for courtesy, niceties, or basic common sense. Clearly, Smith is paying attention, as prosecutors cited a potentially threatening social media post shortly after it was published. Trump’s broadsides against Chutkan, a Black Obama appointee who has yet to make consequential decisions in the case, stand in stark contrast to his lack of criticism for Judge Aileen Cannon, a Trump appointee overseeing a Florida case.
It is easy to discern Trump’s agitation, but determining the purpose of his outbursts is not so straightforward. One interpretation is that he is attempting to provoke Smith’s team and transform them from prosecutors into persecutors, goading them into overreacting or making onerous demands. This would provide Trump with grounds to seek a venue change or appeal a conviction. However, it is reminiscent of the underpants-gnome meme from South Park, wherein the middle steps remain a mystery. Despite Trump’s claims of Smith being “deranged,” the special counsel remains unsettlingly composed. Chutkan, like other D.C. judges, has rejected previous claims that fair trials cannot be held in the district for January 6 cases.
Another theory is that Trump is simply playing to public opinion rather than the court of law. His attorney, John Lauro, appeared on Sunday shows, a maneuver known as the “Full Ginsburg,” to address public relations. Trump often prioritizes rallying his supporters over a prudent defense, believing that his political influence will be sufficient to evade or finesse any legal consequences. However, he may be facing charges that are not easily circumvented in the two federal cases against him, and his response has yet to catch up.
Interestingly, a new CBS News/YouGov poll indicates that over half of Americans believe the charges against Trump are aimed at sabotaging his 2024 campaign. However, substantial majorities still view the charges as upholding the rule of law and defending democracy. While the PR offensive may be somewhat effective, the arguments presented by Lauro on TV do not appear well-crafted. Instead, they seem to reinforce the reality that the public was appalled by Trump’s attempts to steal the election.
In his various appearances, Lauro argued that Trump’s alleged behavior was “aspirational” rather than directive. For instance, he claimed that Trump’s request for Pence to take action was made in an “aspirational way.” However, these semantic distinctions do more harm than good. Lauro also contended that even if Trump violated the Constitution, it did not amount to a crime. However, publicly acknowledging such a violation seems like a questionable PR decision.
Neither Lauro nor Trump has effectively refuted the charges. Trump has mainly argued that his right to free speech is under attack without challenging the specifics of the allegations. He denied Pence’s claim that he said Pence was “too honest,” but has not provided a comprehensive explanation for his prolonged efforts to undermine the election. If Trump appears cornered, it is likely because he lacks a satisfactory answer to this crucial question.
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