Trump again: nobody could script this

Not surprisingly the stench of the "Trump era" continues to permeate the atmosphere of our politics notwithstanding the numerous attempts to bring it to a close. It's almost as if Trump wrote the script and is insisting the charade reward his narcissistic effort to win the game of "chicken" with the government.

The current case not only is a complicated legal one, but the Trump proceedings present challenging aspects for the first time where a former president has been charged with federal crimes. It has been referred to as a test of our criminal justice system, one over which Trump as president once presided

A trial in this case may not be the last he faces as he campaigns for president in 2024. Trump is also under investigation for possible 2020 election interference in Georgia and for his role in inciting the Jan. 6 riot at the Capitol.

There are some efforts to compare this case to the other example of a president gone haywire (Nixon). However, except for that first in our history that shocked our system of government, no comparison can be found. Nixon accepted his transgressions, whereas Trump continues his daily "broken field run" to redesign his losing effort at credibility.

He continues his campaign to manipulate the American people by acting one way and then denying what the public already has witnessed firsthand. The incredulity of the "cat and mouse" game was summed up by Trump in a rant following his June 13 arraignment, when he claimed that classified documents he had first said had been removed were instead "planted" in boxes at Mar-a-Lago. Trump's self-emulating explanation for all of this is that, without looking into his own mirror, he accuses special counsel Jack Smith of being a "thug" who is among those in this country that "taint everything that they touch, including our country, which is rapidly going to HELL!"

This was his second arraignment on federal criminal charges in two months, based on charges that Trump lied and schemed to hold on to sensitive national security material. While this is important, which judge will finally sit in the chair overseeing the case presents a unique backdrop for its resolution.

According to Professor Stephen Gillers, "this will be the most consequential and most watched prosecution in American history." He posed the question: "Will enough of the public accept the verdict, whatever it is? Or will they see any result as political? Answers to those questions are as important as the verdict."

Following in the path of his prior arguments, Trump alleges this is but the latest in a long run of politically motivated "witch hunts" to "get him." As Trump moves from candidate to defendant and back to candidate, is there anyone who has a doubt this situation could motivate a Trumpian attempt to avoid the judgment he deserves?

As I discussed in an earlier column for this newspaper, the judge hearing the case could be Aileen Cannon, a former prosecutor in her early 40s who has spent only two and a half years on the bench. Yes, she is that same Trump appointee who repeatedly ruled in his favor in an earlier related case. Now she has been selected (purportedly by mechanical at-random) to oversee what trial experts believe could influence this country's trust in the fairness of our judicial system for an indeterminate future.

Among other things, Judge Cannon will control how quickly the case goes to trial, oversee the selection of jurors, determine what evidence can be presented to the jury, control the process through her rulings, and perhaps even decide a motion for a new trial. Even though the proceedings could be fair, Trump's claims that he is being selectively prosecuted and politically persecuted could have a negative effect on what transpires. Public trust in the nonpartisanship of the courts and the DOJ, as well as the FBI (which has taken a beating in the public eye of late) are on the line.

Should Cannon's prior demonstrated favoritism towards Trump (perhaps with an eye on a future SCOTUS seat should he succeed in his campaign to return to the White House), carry the day, things could get dicey regarding how convincing Smith's efforts will be to succeed in his attempt to put Trump's efforts "off the table."

Reportedly without friends or family in the courtroom, it was an interesting proceeding as Trump was accompanied only by secret service agents, his lawyers and his personal aide/co-defendant, Walt Nauta, who will be arraigned later this month. Reportedly flanked by those agents, Trump left the courtroom after the hearing ended, employing typical Trumpian style as he "stared down" those still present.

As Trump moves from candidate to defendant and presumably back to candidate, is there anyone who has a doubt this situation could motivate a Trumpian attempt to avoid the judgment he deserves? This time by once again claiming in the latest of a long run of politically motivated "witch hunts," arguing without evidence that this is but another.

How, and how quickly, Cannon rules regarding the use of the classified documents at the center of the prosecution's case will also have an impact. Trump's lawyers will likely use delay - a tactic that the former president has embraced for decades in legal battles - to his advantage.

The discovery process alone could create a significant delay and risk in the litigation process. An additional consideration is that many prosecutors feel that few judges possess the necessary discovery experience. In this connection, some legal experts express the opinion that Cannon, with her inexperience and demonstrated favoritism towards Trump, could be an ally to him in this prospect based on her past rulings in the Trump classified documents case.

In the meantime, as the situation escalates and dominates the press and airwaves, former Trump White House chief of staff, John Kelly, observed without mincing words that Trump "appears to be 'scared sh*tless' because for the first time in his life, it looks like he's being held accountable." Kelly underlined Trump's historical approach to being held responsible in any way that has always been, "I'm not going to pay you, take me to court. He's never been held accountable before."

Reportedly, the DOJ offered him the opportunity to cooperate and turn over all the classified documents without consequence, but he ignored and later refused to follow the advice of his lawyers to comply. According to a retired Harvard psychiatry professor, Trump did this in part because doing so "made him feel greater in his own mind."

Many experts and even Trump's former allies, like his former White House chief of staff Mick Mulvaney, have said that the federal case against Trump is strong. They added that it could potentially lead to a long jail sentence for the former president. From all reports, it appears that Trump is in even bigger legal trouble than before. Judge Cannon is scheduled to take control of the case in the coming weeks and months, notwithstanding calls from ethics experts for her to recuse herself. As more Republicans abandon Trump, things don't look good for him. It has been said that Trump is "especially rattled" by the photo evidence against him and some Republicans are blaming others in their party for continuing to "prop him up" during all this controversy.

As much as Cannon has been criticized, should she remain the trial judge? The fact remains that (1) how long the proceedings stretch out, and (2) whether the trial takes place before or after the 2024 election, will depend in part on how efficiently she manages her docket. Her recent move to proceed expeditiously at least suggests an initial interest in moving the proceedings along without delay. Hopefully, either this will continue or she will be replaced expeditiously by a more seasoned and clearly impartial judge.

As damning as the indictment against Donald Trump appears to be, it's possible he'll face even more serious charges in a federal court outside of Florida. According to legal experts, Jack Smith could go after Trump in such a jurisdiction, e.g., New Jersey, where the indictment shows Trump may have committed additional crimes at his private residence. A report from NBC News revealed that behind the scenes, Republicans recognize that Trump's indictment for stolen documents reflects poorly on the party.

Ex-Muller lead prosecutor, former Assistant United States Attorney Andrew Weissmann, has expressed his opinion that Smith will also charge Trump with crimes related to the January 6th, 2021 Capitol insurrection and Trump's foredoomed scheme to remain in power following his defeat in the 2020 election.

Bringing in the reality of just how far Trump has fallen - something he has never acknowledged - NBC News National Security Contributor and former FBI Assistant Director Frank Figliuzzi said "Trump could end up in a Supermax prison -- with just one Secret Service agent for shower and yard time."

Smith has made it clear (1) "we have one set of laws in this country and they apply to everyone"; and (2) he will seek Trump's incarceration if justified.