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      Every indictment will make Trump stronger – and Republicans wilder | Sidney Blumenthal

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      The indictment of Donald J Trump has not driven a wooden stake through his heart. He has risen, omnipresent and ominous again, overwhelming his rivals, their voices joined into his choir, like the singing January 6 prisoners, proclaiming the wickedness of his prosecution. As he enters the criminal courthouse to pose for his mugshot and to give his fingerprints, evangelicals venerate him as the adulterous King David or the martyred Christ.Trump does not have to raise his hand to signal to the House Republicans to echo his cry of “WITCH-HUNT”. He owns the House like he owns a hotel.“I keep him up on everything that we’re doing,” says Marjorie Taylor-Greene, who serves as one of his agents over the House speaker, Kevin McCarthy. Nine of the 25 Republicans on the House judiciary committee and 11 of the 26 on oversight have endorsed him. Elise Stefanik, chair of the House Republican Conference, has pledged her allegiance. Jim Jordan, who refused to honor a subpoena from the January 6 committee, now issues flurries of subpoenas as chair of the Orwellian-named subcommittee on the weaponization of the federal government, to obstruct investigations of Trump, and not incidentally into Jordan’s and other House Republicans’ roles in the insurrection. But not even a subpoena to the New York district attorney, Alvin Bragg, or any other prosecutor, could command the tide of indictments.Between the motion of Trump’s first indictment and the act of the last Republican primary, more than a year from now, on 4 June 2024, the shadow will fall on the only party with an actual nomination contest. Trump’s pandemonium will only have an electoral valence for the foreseeable future in its precincts. His damage to the constitution, the national security of the United States and the rule of law will be extensive, but his most intense and focused political destruction will be circumscribed within the Republican party.From the report of every new indictment to its reality, Republican radicalization will accelerate. Every concrete count will confirm every conspiracy theory. Every prosecution and trial, staggered over months and into the election year, from New York to Georgia to Washington, will be a shock driving Republicans further to Trump. Every Republican candidate running for every office will be compelled to declare as a matter of faith that Trump is being unjustly persecuted or be themselves branded traitors.Profession of the holy creed of election denial has already been broadened to demand profession of the doctrine of Trump’s impunity. Every Republican attempting to run on law and order will be required to disavow law and order in every case in which Trump is the defendant. Trump’s incitement to violence will not have an exception of immunity for the Republican party. Beginning in the Iowa caucuses, the confrontations may not resemble New England town meetings. If Trump were to lose in the first tumultuous caucuses, can anyone doubt he will claim it was rigged? Was January 6 a preliminary for the Republican primaries of 2024?The death watch of Trump is a cyclical phenomenon. After each of his storms, the pundits, talking heads and party strategists on all sides emerge from their cellars, survey the latest wreckage and check the scientific measurements of the polls to give the “all clear” sign that the cyclone had passed. When Trump lost to Joe Biden in 2020, thoughtful analysts assured that Trump’s time was gone, he would fade away and his comeback in 2024 was an impossibility, just “not going to happen”. Everyone should “relax”. Then came January 6. When Trump’s endorsed candidates in the 2022 midterm elections, a gaggle of election deniers and conspiracy mongers, were ignominiously rejected, last rites were pronounced. Trump was dead again.“We want to make Trump a non-person,” Rupert Murdoch said after the January 6 insurrection. Trump’s image was virtually banished from his bandbox of Fox News. He would be airbrushed out of the next episode of history.“The best thing for the country would be to have a president in 2025 who represents a new chapter,” wrote Emily Seidel, chief executive of the Koch network’s Americans for Prosperity, in a memo.On 5 February, the Koch dark money syndicate held a conference of its billionaire donors and key activists at Palm Springs, California, to lay the groundwork for the dawning of the post-Trump age. There it was decided to swing its enormous resources behind the candidacy of Ron DeSantis, the governor of Florida, who they had originally cultivated as one of their Tea Party hothouse congressmen.The wishful thinking that Trump would magically disappear, however, ignored the omens of Liz Cheney’s purging, the victories of his candidates in the midterm Republican primaries over blanched “normies”, and the corrupt bargain that McCarthy was forced to make to secure his speakership. The implacability of Trump’s political base’s attachment was discounted.Murdoch, Koch et al should have grasped the dangerous fluidity of the extremism they stoked, financed and organized for decades, which metastasized into Trump. Their approach to Trump was not dissimilar to that of Vladimir Putin, treating him as their useful idiot. Putin’s purpose was and is to use Trump to destroy Nato and the western alliance, and as an agent of chaos within the US of a magnitude that no KGB agent could have recruited during the cold war.The Koch network contentedly used Trump to pack the courts with Federalist Society stamped judges, deregulate business and thwart policy on climate change. But despite delivering those goods, Trump was ultimately uncontrollable. The problem with Trump was not his wildness and lawlessness. They were willing to tolerate him so long as his administration produced for them. Trump’s foibles were the cost of business. His liability was that he was not their kind of Republican, at heart a laissez-faire free market libertarian. Trump hated international trade and opposed slashing entitlements, particularly social security and Medicare, which they have long tried to hobble and privatize. In 2018, he tweeted his contempt for the “Globalist Koch Brothers, who have become a total joke in real Republican circles … I never sought their support because I don’t need their money or bad ideas. They love my Tax & Regulation Cuts, Judicial picks & more. I made them rich.” But his worst debit for them was that he lost. With DeSantis, they thought they could finally move on. Without Trump, they could wipe the slate clean, restore the past and return to the glory days when the Tea Party militants besieged town hall meetings to shriek against Obamacare. The undercurrent of the oligarchs’ romance with DeSantis is a strange nostalgia.Trump’s announcement on 18 March that he would be arrested and charged in New York three days later, born of a combination of panic and seizing an opportunity for grift, was not a deliberate strategic masterstroke, though it had that effect. In February, DeSantis led Trump by 45% to 41% in the Yahoo/YouGov poll. In the poll taken just after Trump said he would be arrested, Trump shot into the lead 47% to 39%. After he was indicted, he left DeSantis in the dust, 57% to 31%.Trump had already sent Murdoch’s and Koch’s presumptive candidate reeling. DeSantis has positioned himself as a cultural warrior but Trump smashed into his vulnerable flank. Before he adopted his gay bashing and race- and Jew-baiting persona, DeSantis was a cookie-cutter Tea Party congressman who voted several times to cut social security and Medicare. When Trump slammed him for his votes in early March as “a wheelchair over the cliff kind of guy”, DeSantis renounced his position, saying he would not “mess” with social security. Even before the indictment, Trump had Il Duce of the Sunshine State dancing like Ginger Rogers backwards in the Cuban heels of his cowboy boots. Trump has not relented. The day after he was indicted, his Make America Great Again political action committee broadcast an ad ripping DeSantis: “President Trump is on the side of the American people when it comes to social security and Medicare. Ron DeSantis sides with DC establishment insiders … The more you see about DeSantis, the more you see he doesn’t share our values. He’s not ready to be president.” On the right that Trump has made, national socialism beats laissez-faire.DeSantis reacted to Trump’s indictment by stating that he would not extradite him from Florida to New York, which nobody had asked him to do. His empty gesture as a two-bit secessionist would be in defiance of the constitution’s article IV extradition clause. Between the emotion and the response falls the hollow man. His rhetorical lawlessness in tribute to Trump only enhanced Trump’s pre-eminence over him.If anyone should have known better, it was Murdoch. His media properties now veer from slavishly outraged defense of the accused Trump on Fox News (“Witch-hunt!”) to trashing him in the New York Post (“Bat Hit Crazy!”) to puffing DeSantis in the Times of London, not widely read in Iowa or New Hampshire. The ruthless operator has been outplayed. Murdoch, who takes no prisoners, is Trump’s prisoner.Murdoch profitably buckled in for the Trump ride all the way to January 6. His decision not to jump off for the crash has now landed him in his biggest scandal, thrusting him in the middle of the Trump debacle with a January 6 trial of his own. After the 2020 election, following the lead of Trump and his attorneys, Fox News broadcast that Dominion Voting Systems had changed or deleted votes to help steal the election. The Fox chief executive, Suzanne Scott, wrote in an email shutting down the fact-checking of Trump falsehoods: “This has to stop now … this is bad business … the audience is furious and we are just feeding them material.” On 5 January, the eve of the attack on the Capitol, Murdoch discussed with Scott whether the network should report the truth: “The election is over and Joe Biden won.” He said those words “would go a long way to stop the Trump myth that the election stolen”. Scott told him that “privately they are all there” but “we need to be careful about using the shows and pissing off the viewers”. On 12 January, Murdoch emailed the Fox board member Paul Ryan that he had heard that the Fox host Sean Hannity “has been privately disgusted by Trump for weeks, but was scared to lose viewers”.Fox was terrified of its own audience, the Trump base it had whipped up day after day, fearful it would defect to a more pro-Trump site, Newsmax or One America News Network. Instead of broadcasting the facts, its executives ordered conspiracy theories and lies be aired to satisfy voracious demand. Murdoch admitted in an email that Trump’s claims of voter fraud were “really crazy stuff”. But the show must go on. Dominion is now suing Fox News for $1.6bn for defamation.Much of the material in the discovery documents reads like dialogue from a bad French farce.“I hate him passionately,” wrote a histrionic Tucker Carlson about Trump. Murdoch told Scott about Giuliani’s and the others’ lies: “Terrible stuff damaging everybody, I fear.” On 21 January 2021, Murdoch called Trump “increasingly mad”. Murdoch wondered, after serving as Trump’s chief enabler, “The real danger is what he might do as president.” Quel surprise!Of course, the specific falsehoods Fox recklessly and maliciously broadcast about Dominion were of a piece with those the network has been pumping out for years. That Murdoch is shocked, shocked is worthy of Capt Renault discovering there is gambling in the backroom of Rick’s Café in Casablanca. “Your winnings, sir.”The day after Trump was indicted, Judge Eric Davis ruled that the Dominion case would go to trial.“The evidence developed in this civil proceeding demonstrates that [it is] CRYSTAL clear that none of the [Fox News] statements relating to Dominion about the 2020 election are true,” he wrote. That trial will begin in mid-April and will probably last for weeks with major Fox personalities and Murdoch called to the stand. The very bad news is that in Delaware, where the trial will take place, unlike in New York, where the Trump trial will be held, television cameras are allowed in the courtroom. Undoubtedly, Fox will not be airing the humiliation of its stars and executives, but it is certain that CNN, desperate for ratings, and MSNBC will happily fill schedules with a Fox cavalcade.Fox’s propaganda was intimately linked to the January 6 coup, but could not be investigated by the January 6 committee. Murdoch’s desperate desire to separate himself from Trump will be impossible when Fox’s lies for Trump in the subversion of constitutional democracy are on full display. The Dominion trial will provide a necessary complement to the trials of Trump, more than an atmospheric touch of political theater, but bearing on politics moving forward. Murdoch, chained to his service to Trump, will not escape a judgment any more than Trump.The response of Fox’s audience to Fox in the dock will inevitably be to rally around Trump. Murdoch may be finished with Trump but Trump is not finished with him. Murdoch’s trial will contribute to the tightening of support for his object of contempt.“I am your retribution,” Trump promises. He rages against DeSantis and Fox as “Rinos” – Republicans In Name Only, which is to say Republicans. In the courtroom drama ahead, Trump will flail against his host of prosecutors, but his retribution during his battle for the nomination will be levied against the Republican party.
      Sidney Blumenthal, former senior adviser to President Bill Clinton and Hillary Clinton, has published three books of a projected five-volume political life of Abraham Lincoln: A Self-Made Man, Wrestling With His Angel and All the Powers of Earth More

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      The indictment of Donald Trump – podcast

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      Donald Trump will make history this week as the first US president to be charged with a criminal offence. Later today he will present himself at a court in Manhattan to hear the charges against him which relate to campaign finance irregularities over the hush money paid to the adult film star Stormy Daniels in the final days of his successful 2016 run for office. As Hugo Lowell tells Michael Safi, once again with Trump we are in uncharted territory. Trump denies breaking the law and has targeted the prosecutor of the case with claims of a “witch-hunt”. He’s also using the court appearance as a focal point for recent fundraising efforts. The case is unlikely to be resolved before the 2024 election in which Trump is still the leading candidate in the Republican nomination race. But in all likelihood he will be campaigning for the White House while facing felony charges next year. More

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      Prosecuting Donald Trump is right. But is it politically wise? | Simon Jenkins

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      The best reason for arraigning Donald Trump in New York this week is that he is guilty. It is possible that the jury might agree and he might go quietly to jail, thus being unable to return to the White House were he to be elected. That is a good reason, but it does not make it a wise one.American justice is not political but it can be highly politicised. We won’t know until Tuesday afternoon what exactly Trump has been indicted on, but many assume he will face charges of falsely concealing “hush money” paid to the former adult film actor Stormy Daniels. The case was brought by an elected Democratic district attorney, Alvin Bragg. It comes more than six years after the alleged offence occurred, and at the start of Trump’s campaign for the 2024 Republican nomination for president. At the very least, this does not look coincidental.Most observers had reached the view that Trump the politician was over the hill. His rallies were tired and his speeches meandering. New Republican hopefuls for 2024 were on the horizon, notably Florida’s Ron DeSantis and former vice-president Mike Pence, both of whom have publicly criticised Trump for refusing to concede the 2020 election. Continued reports of his many misdemeanours would surely lead Republicans to accept his days were over.Legal analysis of this week’s case against Trump suggests there are serious obstacles in the way of his ending up in prison. A law professor and former prosecutor, Jeffrey Bellin, has pointed out that falsifying accounts can have numerous mitigating factors. Any judge and jury, even in New York, will be aware of the political perils of jailing an ex-president, not least for crimes ostensibly less awful than those for which President Nixon was excused. Were Trump to be on trial for interfering in the Georgia poll or inciting a riotous assault on the Capitol, it might be different. But Republicans find it hard to disagree with Trump’s claim that the New York case is a witch-hunt that amounts to “political persecution and electoral interference”.Meanwhile, Trump’s team have treated the indictment as the best adrenaline boost a populist could ask for. It has given them a platform, an enemy and a cause. They even planned T-shirts with Trump’s mugshot on them. The Republican party’s belief in its hero might have waned, but now Pence and DeSantis have had to declare the trial “outrageous” and “un-American”, while the party’s leaders in Congress lined up to decry the “injustice”. This includes those who outspokenly opposed Trump’s challenge to his 2020 defeat.Public opinion has vindicated this second coming. YouGov reports 57% of Republicans are now for Trump, against just 31% for DeSantis. A Harvard CAPs/Harris poll has Trump four points ahead even of Biden. The roughly third of American voters who had remained loyal to him now agree with DeSantis: the Democratic party has “[weaponised] the legal system to advance a political agenda”. As one southern churchgoer said with a smile when asked if she would still support Trump after the Stormy Daniels revelations: “We are all sinners, aren’t we?”Trump’s political appeal has been built on promoting a boisterous self-confidence in defence of the huddled masses of “middle America” against the so-called liberal elites of New York and Washington. He contrasts “ordinary Americans” with the college-educated, media-driven, woke-obsessed lefties of the east coast and big government. He cries: “I am your warrior. I am your justice.” An ill-defined “they” are said to have stolen the 2020 presidential election and they mean to steal the next one. To Trump his trial is “straight out of the Stalinist Russian horror show”.Democrats must now hope they can damage him on the stage of a high-profile legal theatre as they have not done before the court of public opinion. The strategy must be to see him exploit the trial sufficiently to see off the potentially more electable DeSantis but not enough to win a second contest against Joe Biden. In other words, they are reckoning on 18 months of personalised political viciousness, while the outside world struggles with the twin horrors of global trade wars and an escalating conflict in Ukraine.The one salutary message to liberals of all stripes is that it is dangerous in any democracy to dismiss out of hand large numbers of those with whom they disagree. They will nurse their grievances unheard in provincial haunts far from the capital until, sooner or later, they find someone to sympathise with them, someone to listen.This applies in Europe as in the US. As the psephologist Matthew Goodwin has pointed out, if Britain’s Labour party is to hold on to its lead it must beware of capture by groups such as those Trump derides: the graduates, the government-employed, the capital city-oriented. They made it “even easier for Nigel Farage, the Brexiteers, and then Boris to speak loudly and clearly to their instinctive desire for a more communitarian, nation-first brand of politics”. This brand has not gone away and remains the biggest threat to Keir Starmer. He need not agree with them, but he must listen.A large number of Americans clearly like and trust Donald Trump. They appear to do so more than they trust a New York judge. This is alarming. It has presented not just the US, but the entire western political community with a potential crisis of leadership.
      Simon Jenkins is a Guardian columnist More

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      Donald Trump vows to escalate attacks against Alvin Bragg – sources

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      Donald Trump has told advisers and associates in recent days that he is prepared to escalate attacks against the Manhattan prosecutor who resurrected the criminal prosecution into his hush money payments to adult film star Stormy Daniels in 2016 now that a grand jury has indicted him.The former president has vowed to people close to him that he wants to go on the offensive and – in a private moment over the weekend at his Mar-a-Lago resort in Florida that demonstrates his gathering resolve – remarked using more colorful language that it was time to “rough ’em up”.Trump had already signaled that he would go after the Manhattan district attorney, Alvin Bragg, weeks before the grand jury handed up an indictment against him on Thursday, saying in pugilistic posts on Truth Social that the prosecution was purely political and falsely accusing Bragg of being a psychopath.But the latest charged language reflects Trump’s determination to double down on those attacks as he returns to his time-tested playbook of going after prosecutors, especially when faced with legal trouble that he knows he cannot avoid, people close to him said.The episode at Mar-a-Lago came on the sidelines of strategy meetings Trump had with advisers and associates about how to respond to the indictment from a legal and political standpoint, sessions which were described by two sources close to the former president.The case centers on $130,000 that Trump paid to Daniels through his former lawyer Michael Cohen in the final days of the 2016 campaign. Trump later reimbursed Cohen with $35,000 checks, which were recorded as legal expenses. Cohen pleaded guilty in 2018 to federal tax evasion and campaign-finance violation charges.With the indictment under seal until Trump’s scheduled arraignment on Tuesday, the exact charges remained unclear on Sunday, though they are expected to include the falsification of business records and additional charges that elevate what would otherwise be a misdemeanor to a felony.Trump was initially caught off-guard by the indictment and spent the following 24 hours absorbing the news that was relayed to him by several of his top advisers. Later, at one point, Trump repeated to himself almost incredulously that prosecutors had actually charged him.The shock had dissipated by the weekend, when Trump’s tone changed and he told his team that he wanted to attack the case and fight the prosecutors. He steadfastly contends he did nothing illegal and won’t accept a plea deal that would force him to admit culpability.The ex-president’s pugnacious tone has only accelerated in recent days with a series of critical posts about New York state supreme court justice Juan Merchan, to whom the case has apparently been allotted after he presided over a separate matter involving the Trump Organization last year.On his Truth Social platform, Trump said Merchan had “railroaded” Allen Weisselberg, the former chief executive of the Trump Organization, who on Sunday was in the middle of serving a 100-day sentence in the Rikers Island jail complex after pleading guilty to tax fraud charges in that case.Referencing Merchan, Trump said: “The Judge ‘assigned’ to my Witch Hunt Case, a ‘Case’ that has NEVER BEEN CHARGED BEFORE, HATES ME”.skip past newsletter promotionafter newsletter promotionTrump has also since pivoted his focus to seeing how he can benefit politically from the indictment, the sources said, and he was encouraged that it had boosted his poll numbers over potential rivals for the Republican nomination who found themselves forced to come to his defense against Bragg, a Democrat.With a grim fixation on having a mug shot taken, Trump has asked whether his team could print it on T-shirts that could serve as a rallying motif for his supporters – an idea that his advisers have been particularly enthusiastic about.Trump also spent the weekend reviewing a Yahoo news poll that showed him leading Florida governor Ron DeSantis, whom he considers his closest rival for the 2024 Republican presidential nomination, 57% to 31% in a hypothetical one-on-one contest. The poll also found Trump was attracting the majority of support, at 52%, when pitted against a wider, 10-candidate field.The polling illustrated the perilous dance for DeSantis and Trump’s other challengers, who have so far struggled to find a way to defend the ex-president strongly enough to ensure the support of his core base in the Republican party without undercutting their pitch as being worthy successors to him.Trump’s advisers observed over the weekend that DeSantis had struggled in that test when his only response to the indictment was to snap back in line behind the former president, calling the case “the weaponization of the legal system to advance a political agenda”. More

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      Supreme court justices felt tricked by Trump at Kavanaugh swearing-in – book

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      Sitting justices of the US supreme court felt “tricked” and used by Donald Trump when the then president assured them a White House celebration of the appointment of Brett Kavanaugh would not be overtly political, then used the event to harangue those who questioned Kavanaugh’s fitness to sit on the court.“Most of the justices sat stone faced” as Trump spoke at the ceremonial swearing-in, the CNN correspondent Joan Biskupic writes in a new book, Nine Black Robes: Inside the Supreme Court’s Drive to the Right and Its Historic Consequences.“Some justices told me later that they were sorry they had gone.”Biskupic, senior supreme court analyst for CNN, adds: “To varying degrees, the justices felt tricked, made to participate in a political exercise at a time when they were trying to prove themselves impartial guardians of justice, rather than tools of Republican interests.”Nine Black Robes will be published in the US on Tuesday. The Guardian obtained a copy.Published excerpts have covered key issues on the court including the controversial treatment of staff for Ruth Bader Ginsburg, the liberal justice who died in September 2020 and was swiftly replaced by Amy Coney Barrett, an arch-conservative; rulings on gay rights; and the 2022 Dobbs vs Jackson decision that removed the federal right to abortion.The appointment of Coney Barrett – jammed through before the election by the same Republican Senate leader, Mitch McConnell, who previously held open a seat for a year and through an election in order to fill it with a conservative – tilted the court 6-3 to the right.Joe Biden has made the historic appointment of Ketanji Brown Jackson, the first Black woman on the court, but he has not altered that 6-3 balance.Kavanaugh was Trump’s second appointment, replacing the retiring Anthony Kennedy, a conservative for a conservative.Accused of drunken behaviour and sexual assault while a high school student, Kavanaugh, a former George W Bush administration aide, was narrowly confirmed in an atmosphere of deeply partisan rancour.On 8 October 2018, Trump staged his celebration.Saying “what happened to the Kavanaugh family violates every notion of fairness, decency and due process”, Trump falsely claimed Kavanaugh had been “proven innocent” of the claims against him.As Biskupic writes: “There had been no trial, not even much of an investigation of [Professor Christine Blasey] Ford’s accusations. But as with so many of Trump’s assertions, the truth did not matter to him or … his supporters.”Biskupic notes that among the “stone faced” justices at the White House, Clarence Thomas, the senior conservative, was “conspicuously enthusiastic, alone applaud[ing] heartily after Kavanaugh spoke”.She adds: “A Department of Justice spokeswoman, Kerri Kupec, later described Thomas as ‘the life of the party’ at the event.”Thomas is the subject of controversy centering on the activities of his wife, the far-right activist Ginni Thomas.Ginni Thomas has been shown to have lobbied state lawmakers as part of Trump’s attempt to overturn his 2020 defeat and to have attended an event in Washington on January 6, prior to the deadly attack on Congress by Trump supporters.In January 2022, Clarence Thomas was the only supreme court justice to say Trump should not have to give records to the House January 6 committee. Such records turned out to include texts between Ginni Thomas and Mark Meadows, Trump’s chief of staff.In congressional testimony released last December, Ginni Thomas said she was “certain [she] never spoke with” her husband “about any of the challenges to the 2020 election”.She also claimed Clarence Thomas was “uninterested in politics”. More

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      Trump lawyer hopes Tuesday’s court hearing will stay ‘painless and classy’

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      An attorney for Donald Trump has said he hopes the proceedings can stay “painless and classy” at the court hearing scheduled for Tuesday where the former president plans to plead not guilty to charges filed against him after an investigation into hush money payments to adult film actor Stormy Daniels.Joe Tacopina told CNN’s State of the Union show on Sunday that many of the particulars of the arraignment set for Tuesday were still “very much up in the air” besides the fact that the ex-president would “very loud and proudly say not guilty”.For instance, though he has said he doesn’t expect his client to be handcuffed, he claimed to not even know whether Trump would take the standard criminal defendant mugshot while being fingerprinted at the courthouse. Many people facing charges have found getting a mugshot taken to be humiliating, but some observers believe Trump could seek to put it on merchandise meant to raise funds as he runs for the oval office again in 2024.“Hopefully, this will be as painless and classy as possible for a situation like this,” Tacopina told the show’s host, Dana Bash. “I don’t even know, really, what brings us here.”Tacopina then spent some of the rest of his time with Bash arguing that the payments to Daniels that preceded Trump’s indictment were personal, as he’s done before. He insisted that they were part of a legal settlement, had nothing to do with the 2016 presidential campaign that he won and therefore documentation of them was not filed with the federal election commission.“This was a personal expenditure, not a campaign expenditure,” Tacopina said. “Had it been a campaign expenditure, he would have used campaign funds, and then of course we’d be talking about … the outrage at Donald Trump [using] campaign funds for personal spending. They’d be baying for his scalp. … He’s damned if he did and damned if he didn’t.”It remained unclear Sunday even to Trump’s legal team exactly what he had been charged with – the state indictment that a Manhattan grand jury handed up against him three days earlier was still under a court seal. However, it appears he may face dozens of charges over his role in the payment of $130,000 to Daniels, who claims to have had a sexual encounter with Trump in 2006 that the ex-president denies.The deal to pay Daniels to stay quiet materialized during the presidential race that Trump won over Hillary Clinton as the actor negotiated a deal to go on television and discuss her claims of the purported sexual encounter. Trump’s then lawyer, Michael Cohen, made the payment before pleading guilty in 2018 to federal charges of tax evasion and campaign-finance violations.The federal case that ensnared Cohen – who has since forfeited his license to practice law in New York – did not produce any charges against Trump. It was a separate state grand jury empaneled earlier this year by Manhattan district attorney Alvin Bragg which voted to indict Trump after investigating whether the way in which he repaid Cohen – in $35,000 monthly increments documented as legal expenses – complied with laws governing campaign finances and the keeping of business records.At least one of the charges filed against Trump is a felony, reported the Associated Press, citing people familiar with the matter, which ostensibly increases the risk of prison time the former president might face if he is eventually convicted.Tacopina on Sunday dismissed Cohen as “a pathological, convicted liar”. He also alluded to how Cohen had gone on CNN hours after Trump became the first former US president to be indicted criminally and said he actually didn’t believe he had done anything wrong when he pleaded guilty in 2018.“I have all the documents to show – there was no tax evasion,” Cohen said. “None of this is accurate.”Cohen’s attorney, Lanny Davis, spoke on the air with Bash after Tacopina and said there was “substantial documentation” beyond his client’s word of Trump’s role in the Daniels hush money as well as a similar payment to former Playboy model Karen McDougal. McDougal has maintained that she had an affair with Trump in 2006 as well, when he was already married to former first lady Melania Trump. Trump denies McDougal’s claims, too.“There are other documents from other people and other testimony from other people – some of it direct [and] involved in conversations with Mr Trump,” Davis said. “It’s a wrong strategy if he thinks he’s building his whole strategy on personal attacks on Michael Cohen.”Preparations for Trump’s arraignment at Manhattan’s state criminal courthouse at 100 Centre Street have been ongoing for more than a week. Barriers have been put in place to help authorities with crowd control.If Trump enters his plea as planned on Tuesday, he is scheduled to be doing so in a courtroom where defendants accused of murder, attempted terrorism and illegal gun possession are set to appear as well.Reuters reported that the former president intended to spend the night at Trump Tower in Manhattan on Monday night. Trump sent out a statement on Sunday saying he then planned to make remarks at his Mar-a-Lago resort in Florida on Tuesday evening after the scheduled arraignment. 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      ‘Like lighting a match’: Trump ramps up rhetoric as legal walls close in

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      Donald Trump understands the camera. He is particular about angles, lighting and his inimitable orange hair. But come this Tuesday, in a New York courthouse, the camera will become his tormentor as Trump, once the most powerful man in the world, is told to provide a mug shot like a common criminal.The first reality TV star to be elected US president, and the first US president to be twice impeached and attempt the overthrow of an election, is now the first US president to be charged with a crime. The 76-year-old faces the humiliation of being photographed, fingerprinted and entering a plea to charges involving a 2016 hush money payment to the adult film actor Stormy Daniels.The impact of that is already being felt. There are signs that the legal perils now engulfing Trump are pushing him to new extremes. Trump has never been a conventional politician, but his divisive brand of populist-nationalism is growing ever more intense and extreme.His 2024 campaign for the White House is embracing a violent rhetoric that could inflame tensions and put America on a path to conflagration. Barricades have gone up around the courthouse in New York. Daniels canceled a Friday television interview out of “security concerns”. Trump’s language on the campaign trail and social media, haranguing his enemies, is laced with race-baiting and antisemitic conspiratorial tropes.“There’s nothing traditional about Donald Trump and there never has been, but we’ve never been in this situation before and what’s different now is how polarised we are,” said Frank Luntz, a pollster who has worked on numerous Republican election campaigns. “This is like lighting a match in the middle of a bonfire that’s been doused with gasoline. I’m afraid that we’re lighting a match and we’re going to see on Tuesday what happens.”For a moment, it had seemed that this time might be different. Trump launched his 2024 election campaign last November at his Mar-a-Lago estate in Florida with an uncharacteristic low energy, steering clear of his stolen election lies and insisting: “We’re going to keep it very elegant.”He then went unusually quiet before embarking on small-scale campaign events, issuing policy proposals and hiring staff in early voting states. Unlike his ramshackle 2016 effort, his campaign team appeared disciplined. The Hill website observed: “Former President Trump is doing something shocking – he’s running a campaign that is starting to look quite conventional.”But just as hopes that Trump would grow into the presidency were constantly dashed, so this newly orthodox candidate was never going to last. The trigger came two days after he became the first contender to hit the 2024 election campaign trail, delivering unremarkable speeches in the early primary states of New Hampshire and South Carolina.In a surprise move, Alvin Bragg, the Manhattan district attorney, revived what had seemed be a cold case, an investigation into an alleged $130,000 payment to Daniels in the waning days of the 2016 campaign. Daniels has said she received money in exchange for keeping silent about a sexual encounter she had with Trump in 2006, when he was married to Melania Trump.As witnesses testified to a grand jury and the walls closed in, Trump used the threat to raise money and rally supporters as he seeks his party’s nomination to challenge Joe Biden next year. He abandoned all pretence of moderation and reverted to the old demagoguery.At the Conservative Political Action Conference at the National Harbor in Maryland, he spoke in apocalyptic terms of a “final battle” and vowed to supporters: “I am your retribution.” On his Truth Social media platform, he inaccurately predicted his own arrest and called for protests, echoing his charged rhetoric ahead of the January 6 2021 attack on the US Capitol by his supporters.Luntz commented: “He knows the power of that word ‘protest’. He knows what happened the last time he used that word. This is a deliberate effort to engage people in his situation and I am concerned about the consequences of him using that word.”Trump went on to warn of potential “death & destruction” if he were charged and described Bragg as an “animal” who was “doing the work of Anarchists and the Devil, who want our Country to fail”. He accused Bragg, who is Black, of racial bias and even shared an image – later removed – of himself holding a baseball bat next to a picture of the district attorney. Bragg’s office has been the target of bomb threats in recent weeks.Then, last weekend, Trump held his first campaign rally in Waco, Texas, exactly 30 years after a 51-day standoff and deadly siege there, and began by standing with hand on heart during the playing of a song that features a choir of men imprisoned for their role in the January 6 insurrection singing the national anthem, as footage from the riot was shown on big screens.The ex-president proceeded to describe the “weaponisation of law enforcement” as the biggest threat to America today and vow: “The thugs and criminals who are corrupting our justice system will be defeated, discredited and totally disgraced.”When on Thursday the grand jury had voted to indict, Trump responded in similar fashion and, significantly, Republicans rallied to his defence. Such is his grip on that party that even potential 2024 rivals felt compelled to defend his claim of a witch-hunt. Ron DeSantis, the governor of Florida, called the move “un-American”, while former vice-president Mike Pence told CNN the charges were “outrageous”.Both will have been aware that Trump’s campaign of rage in recent weeks has put him back in the headlines and expanded his lead in opinion polls. DeSantis, promoting a new book, has found himself going backwards. It is little surprise that Trump feels emboldened.Luntz said: “His numbers have gone up five points since this whole thing came about and I’m afraid that it will galvanise and solidify the support that had been leaving him. Donald Trump is the best politician in my lifetime at playing the victim card. There’s no one who comes close to him.”Trump alleges that there are political motivations behind all four criminal investigations he is known to face – including into his retention of classified documents and attempts to overturn his election defeat, and a separate Georgia investigation into his efforts to overturn his loss in that state. One line of attack is reframing January 6 as a heroic defence of democracy.Tara Setmayer, a senior adviser to the Lincoln Project, an anti-Trump group, said: “It’s clear that January 6 is a badge of valour for him, given that he’s continued to escalate the violent rhetoric similar to that which he used prior to January 6. He seems to get off on the idea of people engaging in violence on behalf of him.”She added: “He’s like a political vampire with a taste. He got a taste of what that violence can do on his behalf and now he wants more because he feels powerful.”The shift to the right goes beyond posturing. Trump has unleashed a barrage of policy proposals that include punishing doctors who provide gender-affirming care, measures that would make it harder to vote and imposing the death penalty on drug dealers. He appears to be taking the Republican party with him.Staunch allies such as Marjorie Taylor Greene of Georgia have risen to prominence in Congress. Republican state legislatures across the country have passed extreme legislation curtailing abortion and LGBTQ and voting rights. DeSantis, seen as Trump’s principal rival for the nomination, has adopted many of the same positions or tried to move even further right.Kurt Bardella, a Democratic strategist, said: “I don’t think he’s dragging them anywhere. They’re going willingly and voluntarily. They’re not putting up any kind of struggle. It just tells me intuitively that this is what they want, this is the kind of party that they want to be a part of because they’re doing absolutely nothing to divorce themselves from the extremism that Donald Trump regurgitates every single day.”Police are likely to close streets around the Manhattan courthouse ahead of Tuesday’s expected appearance. In a sign of the increasingly febrile atmosphere, Trump loyalist Lindsey Graham, a Republican senator for South Carolina, mocked Bragg’s sense of priorities by writing on Twitter: “How can President Trump avoid prosecution in New York? On the way to the DA’s office on Tuesday, Trump should smash some windows, rob a few shops and punch a cop. He would be released IMMEDIATELY!”A potential trial is still at least more than a year away, meaning it could occur during or after the presidential campaign. While it is unclear what specific charges Trump will face, some legal experts have said Bragg might have to rely on untested legal theories to argue that Trump falsified business records to cover up crimes such as violating federal campaign finance law.Luntz, the pollster, warned: “If you go to kill the king and the king lives, you die. If you prosecute Donald Trump and he is found innocent, there will be no stopping him. If he is found guilty, there’ll be no calming down of his most fervent supporters. Either way, it’s bad for the American democracy.” More