Trump Lawyers: Win Some, Lose Some

They chose the ticket, now they are going for the ride.

Yesterday, I posted my argument for why, if any of Trump’s many criminal prosecutions get to the trial stage, the former President is screwed. The tl;dr: version is that because he is choosing to run for President and, as an aspect that, will repeatedly address the stolen election, he will be constantly creating evidence that can be used against him (as was also the case with him in the E. Jean Carroll case, leading to the Justice Department no longer defending him).

Since Trump is the gift that keeps on giving, two news items have since come out that demonstrate great examples of the ups and downs of having the former President as a client.

First, as mentioned by Daryl in the original post’s comments, Trump has wisely heeded the advice of his lawyers and canceled the press conference:

[Narrator: The evidence, to the degree it existed, was neither irrefutable nor overwhelming.1]

So for once, the Legal Team wins. Though, that victory may be short-lived:

Second, Trump is skipping the first Republican Debate and is instead going to be interviewed by Tucker Carlson:

Former President Donald J. Trump plans to upstage the first Republican primary debate on Wednesday by sitting for an online interview with the former Fox News host Tucker Carlson, according to multiple people briefed on the matter.

In the past 24 hours, Mr. Trump has told people close to him that he has made up his mind and will skip the debate in Milwaukee, according to two of the people briefed on the matter.

Mr. Trump is notoriously mercurial, and left himself something of an out to change his mind with an ambiguous post on his website, Truth Social, on Thursday. He wrote that he’s polling well ahead of his rivals and added, “Reagan didn’t do it, and neither did others. People know my Record, one of the BEST EVER, so why would I Debate?”

I am honestly not sure where, of the two options, his lawyers would prefer him to be.

The debate setting would have limited Trump’s options to talk (good), but his opponents (at least Chris Christie) could have still brought things up and provoked Trump to respond (bad).

On the other hand, despite how Carlson talked about Trump in private, that is going to be a safe space for the former Present (good)… but, Trump is being interviewed by one of the most notorious advancers of the Election Fraud lie… so much so that he lost his job despite being the Network’s #1 cash cow… that could be really, really, REALLY bad if the topic comes up and the former President decides to engage in his usual rhetorical excesses-especially if Tucker is still feeling aggieved about the topic. Without a doubt, Jack Smith’s and Fani Willis’s offices will both be watching that interview to see if they are going to need to get a transcript to submit as evidence (so, so, so bad).

The best that Trump’s legal team can hope for is that (a) the interview isn’t live and (b) they will be able to review it and make cuts ahead of its airing. If that’s the case, that might be the better option for them. Whether or not their client will give them that level of control over his media image… that’s a very different question.

Either way, it’s a great time to invest in the stocks of antacids marketed to lawyers. And of course Whisky manufacturers as well… but it’s always a good time to invest in those.

  1. Since I attacked progressive wish-casting yesterday about unfounded hopes of seeing Trump in Prison, I once again balance the Karma Wheel by saying that despite the wish-casting of Trump supporters and Republican partisans, no such evidence exists. Trump has not been waiting for 2+ years to only release it now. Dinesh Desouza and True the Vote are grifting you about this. ↩︎
FILED UNDER: 2020 Election, 2024 Election, Crime, Law and the Courts, The Presidency, US Politics, , , , , ,
Matt Bernius
About Matt Bernius
Matt Bernius is a design researcher working to create more equitable government systems and experiences. He's currently a Principal User Researcher on Code for America's "GetCalFresh" program, helping people apply for SNAP food benefits in California. Prior to joining CfA, he worked at Measures for Justice and at Effective, a UX agency. Matt has an MA from the University of Chicago.

Comments

  1. Joe says:

    to see if they are going to need to get a transcript to submit as evidence

    It’s better than a transcript. They can just roll the tape for the jury.

    1
  2. Daryl says:

    Trump would be better served by scheduling his “arrest” opposite the MAGA Debate.
    Turning himself in would garner far more attention than a cuddle-fest with Carlson.

    1
  3. Daryl says:

    He wrote that he’s polling well ahead of his rivals and added, “Reagan didn’t do it, and neither did others. People know my Record, one of the BEST EVER, so why would I Debate?”

    Reagan debated George H W Bush in the 1980 GOP primary debates. Reagan didn’t debate in the 1984 primary because he was the incumbent, just as Biden will not have to debate in the 2024 primary. Trump is NOT the incumbent and, as many of you know, he lost the last presidential race he ran in.

    9
  4. Gustopher says:

    As to lawyer impact, also look to his statement having “I believe” before the “Irrefutable & Overwhelming evidence.” (Also, the proper use of commas around “I believe” but that seems petty)

    Trump would be well served by having his legal team continue to review his off-brand Tweets. (Everything is an off-brand tweet these days, I suppose)

  5. djkelsey@gmail.com says:

    @Daryl: For Republicans who still identify as Republican, Trump is the incumbent.

    Most Republicans believe Trump’s sore loser election lies. So.

  6. DeD says:

    … if the topic comes up and the former President decides to engage in his usual rhetorical excesses…

    C’mon, now; Trump has the impulse control of a horny rabbit in spring time. It’s a foregone conclusion that he’ll run off at the mouth and further incriminate himself. I mean, why should THIS time be any different?

    5
  7. Matt Bernius says:

    @DeD:
    Fair point.

    Though, in my defense, with the press conference, he decided to listen to his lawyers’ advice. Perhaps its the start of a tren…

    Ok, even I couldn’t make it all the way through that sentence. 😉

    5
  8. Gustopher says:

    @Daryl: For the purposes of the primary, he clearly has the incumbency advantage, whether it makes sense to us or not or not. He’s the leader of the party in a way that the incumbent typically is, despite having lost.

    (Which is weird. Imagine running George H. W. Bush against Clinton in 1996, and the primary voters supporting him by more than 50 points over his closest rival)

    I’m surprised he isn’t belittling the debates by calling them the Vice Presidential Primary Debates.

    1
  9. Rick S says:

    @Matt Bernius: Considering he has no irrefutable evidence, it was not likely he was ever going to hold this press conference. The lawyers just give him a face-saving excuse not to.

    2
  10. Mister Bluster says:

    …balance the Karma Wheel…

    What are the units of measure employed on a Karma Wheel to display balance and where can I get one?

    2
  11. Matt Bernius says:

    @Mister Bluster:
    LOL, I typically go by the number of injuries I have at a given time. I’m down to just a broken collar bone–so I think it’s right now paying off something, but whatever it is, it was big.

    On this off-topic note, one of my favorite lines about Karma comes from Robin William’s cameo in the delightful film “Dead Again”: “It’s the Karmic Credit plan. Buy now and pay for all eternity!”

    2
  12. steve says:

    I believe the proper unit is called a chameleon. Collect enough and you win.

    Steve

    2
  13. CSK says:

    Chris Christie just tweeted (Xed?) that Trump is a “certified loser, verified coward” for blowing off the debate.

    1
  14. Kylopod says:

    @Gustopher:

    Which is weird. Imagine running George H. W. Bush against Clinton in 1996, and the primary voters supporting him by more than 50 points over his closest rival

    Former President Ford teased a run in the 1980 cycle. He ended up not entering the race, but many early polls included him–and in most of them, Reagan was ahead. So a former president who runs isn’t automatically going to be the front-runner; that just happens to be the case with Trump, due to the hold he has on the party.

  15. DrDaveT says:

    @Kylopod:

    So a former president who runs isn’t automatically going to be the front-runner; that just happens to be the case with Trump, due to the hold he has on the party mass hysteria.

    FTFY

    (Cue Professor Harold Hill… “One fine night, they’ll leave the pool-hall headin’ for the dance at the Armory — libertine men and scarlet women and ragtime, shameless music that will grab your son and your daughter with the arms of a jungle animal instinct… Massteria!”)

    2
  16. Blue Galangal says:

    @Matt Bernius: Today Donald Trump became the President!

    1
  17. JohnSF says:

    And of course Whisky manufacturers as well… but it’s always a good time to invest in those.

    Have just bought a bottle of Sazerac Rye.
    Can I be assured this was a wise investment?

    2
  18. DrDaveT says:

    @JohnSF: Sazerac is a perfectly fine rye, especially if you plan to use it for mixed drinks.

    My personal favorite: the “43 North”
    3 parts rye (or more to taste)
    1 part Licor 43
    Healthy dash of orange bitters

    If you have access to a good amaro, use a slosh of that instead of the orange bitters.

    2