The Trump Indictment, Part II: King Oedipus Meets Dr. Faustus

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In 2015, I had this sinking feeling that once Trump sunk his tentacles into the GOP, he’d be hard to cleanse from the party’s bloodstream.

He is a tabloid personality with a harsh mouth and revels in political theatrics.  Republicans, as it turned out, were in a mood for a drama queen in 2016, and many still are.  They wanted somebody to “own the libs”.  Trump first gave them drama about Obama’s birth certificate and followed it with a litany of juvenile banter in “crooked Hillary” (honestly, she may be), “slow/low energy/clueless/not a man” Jeb, “I’ve never seen a human being [John Kasich] eat in such a disgusting fashion”, and now he’s progressed all the way to “coward/weak/lazy/low life/gutless pig” Bill Barr.  And to think that there are people who still defend this man and his behavior to this day.  According to recent polls, he’s the overwhelming choice to be the Republican nominee.  Disgusting.  It’s enough for a rock-ribbed Republican such as myself to rethink my party registration.  Is this what it means to be a Republican?

He’s embarrassing.  I’m embarrassed.

The latest Trump dust up is his federal indictment under:
• 18 U.S.C. § 793(e), “Gathering, transmitting or losing defense information” (31 counts)
• 18 USC §1512, “Tampering with a witness, victim, or an informant” (3 counts)
• 18 U.S. Code § 1519, “Destruction, alteration, or falsification of records in Federal investigations and bankruptcy” (1 count)
• 18 USC § 1001, “Statements or entries generally” (concerns false statements, coverups, etc.) (3 counts)

The first 31 counts draw from Section 793 of the US Code which relates to parts of the old Espionage Act.  If you look at the kinds of documents that were bouncing around at his Mar-a-Lago estate and elsewhere – intelligence briefings, contingent US military plans, foreign and domestic military assessments, etc. – this is much more than diary entries, gifts from one head of state to another, personal letters, etc.  The highly sensitive nature of the documents demands a different treatment in law.  That’s one of the reasons for Section 793 and not the Public Records Act.

The other 7 counts, if true, are evidence of Trump’s pure hubris.  I suppose that if you’ve dodged so many bullets, you might come to think of yourself as immune.  It’s as if he thinks that he is wearing an invisible Lakota Sioux ghost shirt which makes him invulnerable to the bullets from DC’s henchmen.  Like other forms of magic, it works till it doesn’t (the one surviving ghost shirt from the 1890’s has dried blood around holes in it).  In this case, there is an evidentiary basis in the indictment for obstruction of justice.  They’ve got Trump on tape discussing attempts to mislead investigators and hide the documents, suborning others to commit perjury.  Then there’s the corroborative testimony of people in Trump’s inner circle.  Granted, the prosecution’s evidence will have to withstand cross examination and counter arguments by Trump’s legal eagles, but if the evidence is valid, it should raise more than a few eyebrows, with the possible exception of the most committed diehards.

Most troubling is the reaction of the media on the right.  The commentary can be summed up in “double standard, double standard, double standard”.  Very little of it focuses on the contents of the indictment.  Some of it is silly in the extreme.  Hugh Hewitt, a radio host that I respect for his generally calm and reasoned demeanor on air, expressed his disappointment that a rumored selling by Trump of classified information to the Saudis didn’t materialize in the indictment.  His reaction after reading it: “Is that all there is?” Upon hearing that, I said, “What!?”  Is the fact that the indictment failed to live up to the wildest speculation on MSNBC or the ladies on The View a real argument against it?  Hewitt, you’ve got to be kidding.

He was dismissive of the first 31 counts, the claimed Espionage Act violations, ostensibly because of the unprosecuted transgressions by Biden, Pence, Hillary, and Clinton proteges like Sandy Berger – the double standard argument morphed into an excuse for the mindlessly casual treatment of highly sensitive national security papers.  In effect, may as well shred this part of the US Code.  This Hewitt response was without seeing the exact nature of the documents, which will come out in court.  The prosecutors know this; Trump knows it; the legal eagles know it.  If it turns out that all they’ve got is love letters between Trump and “rocket man”, or some such, the DOJ will be wiping egg from its face and providing one more reason to defenestrate the FBI and defang the Garland gang.  If these documents prove to be extremely sensitive, the raw egg will be dripping down the face and all over the casual attire of a good portion of the right’s punditry class.

One of those in need of a washcloth will be Mollie Hemingway, a noted commentator in the conservative, pro-Trump firmament.  Today (6/13/23), on Hewitt’s show, she ostentatiously proclaimed in hyperbolic bombast, “For me to take this [the fed’s Trump indictment] seriously . . . I need to see hundreds of Russia-collusion-hoax people in jail.”  Ruminate on that rant for a moment.  Until we retroactively correct for all those who got away, we cannot enforce the law.  It’s ludicrous.  She’s making the case to selectively not enforce the law à la Alvin Bragg or any of the other Soros-backed DA’s who have been recently inflicted on us.  She does this while also admitting that the case against Trump in the indictment is troubling.  Is she an advocate of ignoring the evidence till enough Democrat scalps are tied to her lance?  Where does this line of illogic stop, at the point where the US Code is effectively eviscerated?  Ignore the evidence against Trump till we get Hillary in chains?

If the highly classified nature of the documents proves genuine, while honestly not a fan of Karl Marx, his famous dictum will apply to this current crop of the right’s commentariat: “History repeats itself, first as tragedy, second as farce.”

The second batch of charges – those involving obstruction (of justice) – at least causes a pregnant pause for some of Trump’s past stalwart defenders.  The guest lineup on Fox News was left with stumbling admissions of Trump in serious trouble.  That’s when they were forced to elevate their assessment beyond their “double standard” shibboleth and into the details of the indictment.  All the talk about “double standard” will ring hollow if in court the highly classified nature of the documents is born out and evidence of Trump’s perfidy and irresponsibility is shown to be valid.

The main problem for the media on the right is that they have manufactured a pickle for themselves.  They have not cultivated a conservative audience but instead nurtured a Trump one.  The creation of a base reliant on such an unstable personality is asking for trouble.  This media runs the risk of alienating this base if they are forced to deal honestly with the facts.  That audience is likely to be siloed in their own echo chamber and not appreciative of the exposure of their demigod emperor as not wearing any clothes.  For most people, including Trump, nudity will not enhance their appearance.

The media on the right, right now, acts as if they are sitting on pins and needles.  They reach for the thin reeds of silly arguments.  They fail to come to grips with their central problem: they hitched their wagon to a wild horse.  Or more accurately, they made a bargain with the devil.  So, Trump is a reincarnation of Sophocles’ Oedipus, King of Thebes (see “Oedipus Rex”), experiencing the wages of his pure hubris, and the Trump base is impersonating Christopher Marlowe’s Dr. Faustus, selling one’s soul for instant gratification.

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RogerG

Read more here:

* Jack Smith’s indictment can be found at https://storage.courtlistener.com/recap/gov.uscourts.flsd.648653/gov.uscourts.flsd.648653.3.0.pdf?fbclid=IwAR0A-iRN3cPhLLJJwVT7jbt8WOR6ymkohVTX0v7r634xtVjR5SeHV7SeMp0

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