Donald Trump's testimony in front of NY civil judge Arthur Engoron today went about as badly as most Trump-watchers (including myself) expected it to go.
As Donald Trump prepared to take the stand in the civil fraud trial that could destroy his business empire, the ex-president and his attorneys settled on a strategy built on spite and unbridled antagonism. According to two sources familiar with the matter and another person briefed on Team Trump’s legal strategies, Trump and his lawyers want to intentionally provoke the judge into a nuclear-level overreaction.
They certainly seem to be carrying out the plan on Monday. Trump dodged questions and ranted about this “haters” while on the witness stand, leading Judge Arthur Engoron to scold him repeatedly and push the former president’s attorneys to rein in their client. “I beseech you to control him if you can,” Engoron implored. “If you can’t, I will. I will excuse him and draw every negative inference that I can.”
An explosive response from Engoron could include ordering Trump to be remanded to a jail cell for the night. The judge in the case had already imposed a gag order on Trump, warning him to refrain from attacks on the judge’s staff. Late last week, the order was expanded to also include Trump’s attorneys. Trump has still shown a brazen willingness to violate it repeatedly. And as bizarre as it may sound, there are attorneys and political advisers to Trump who have told the former president that a so-called “remand order” to put him in custody for repeatedly breaching the judge’s rulings might be a good thing — both legally and politically.
The ex-president’s legal advisers had long ago told Trump that his chances of winning at trial are close to zero — hence, their scorched-earth, “Fyre Festival”-style courtroom performances. According to the three sources, several Trump attorneys and other key allies have advised him that the more the New York judge supposedly “overreacts” — including perhaps remanding Trump — the better their case for an appeal will be.
“I call it the Chicago 7 disruption strategy,” Alan Dershowitz, the celebrity lawyer who defended then-President Trump during his first impeachment, tells Rolling Stone.
“When a defendant honestly believes he can’t possibly get a fair trial from the judge, one of the tactics is to antagonize the judge to a point of causing reversible errors,” Dershowitz says. “That is what happened in the Chicago 7 case, and I was one of the lawyers on the appeal in that case. Abbie Hoffman provoked Judge Hoffman to such a degree that the judge made mistake after mistake. And courts of appeal often reverse convictions or verdicts when the judge has made serious errors.”
In recent weeks, the former president and some of his lawyers in the New York civil fraud trial have discussed the likelihood of Engoron very aggressively responding to Trump team’s strategy of relentless hostility and defiance. The tactics have included attacks on Engoron’s court clerk, filibustering the prosecution’s witnesses with repetitive questions, and raising legal arguments the judge had already specifically prohibited.
This has included Trump asking his legal advisers if the judge would, or could, actually go so far as to send him to jail for a short time, the sources tell Rolling Stone. Trump has been told such an order is probably unlikely — though Engoron has publicly put the option on the table. This is one reason why Trump and his counselors have kept up with their brazen strategy of infuriating a judge who has openly threatened the former president with possible jail time.
The legal team has further assured Trump that even if he were remanded, they would likely be able to deploy a variety of legal tactics to keep him from spending any time behind bars. According to two other sources with knowledge of the situation, some Trump advisers have already reached out to certain outside attorneys to see if those lawyers would be interested in joining that potential fight to keep Trump out of jail. (Some of those lawyers have preemptively turned Team Trump down.)
In addition, there have been recent conversations among some of Trump’s 2024 campaign brass of how much of an immediate fundraising boost they would enjoy, if a New York judge were to try to put Trump in a cell for even a minute. “All the cash in the world,” one Trump political adviser says.
Our legal system is not built to handle Trump. As I told you months ago, the Trump plan is to goad Engoron and the other judges in his various cases into an either ruinous sanction that will be used for grounds to appeal, or to make the case impossible to prosecute, or both.
Right now Trump is running his playbook perfectly. Judge Engoron clearly knows this. So how much will he continue to let Trump get away with?
The answer appears to be as much as Trump can and everyone in America knows it.
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