No one is above the law, except, apparently, Trump
As the week began, it looked as if Donald Trump would finally face consequences — or, at least, a consequence — for his actions.
A New York state trial court had found the former president liable for inflating his net worth and misleading banks and insurers to receive favorable loans for his various businesses and commercial enterprises. The judge, Arthur Engoron, imposed a penalty of $454 million, to be paid to the state’s general fund. Letitia James, New York’s attorney general, gave Trump a 30-day grace period to secure bond as he pursued appeal. “If he does not have funds to pay off the judgment, then we will seek judgment enforcement mechanisms in court, and we will ask the judge to seize his assets,” James said last month.
As of Sunday, Trump did not have the funds lined up. He could not find a company willing to pledge nearly a half-billion dollars on his behalf. And even if he could, he would need to pledge at least as much in collateral to the company.
Almost any other defendant would have to face the consequences of coming to court empty-handed. It was in a criminal case, yes, but Kalief Browder — arrested at 16 for an alleged robbery — spent three years at Rikers, without trial, because his family could not afford a $3,000 bond. Not Trump.
On Monday, the day the money was due, a New York appeals court said it would accept a smaller bond of $175 million, a significant and unexpected win for the former president. He has 10 days to pay.
Consequences for Trump? Ah! Well. Nevertheless.
Although Trump is entitled to an appeal, it still feels outrageous that he would get this unexplained courtesy after years of willfully defrauding the public. At the same time, it feels typical of Trump’s relationship to the various institutions of American life. If there seems to be a different set of rules for Trump, under which there is always a reason to look the other way or give him a second chance, that’s because for all intents and purposes, there is.
At no point during his long career as a celebrity real estate mogul and businessperson has Trump faced any meaningful consequences for his fraudulent, even criminal, behavior. He has operated for decades with a shield of impunity crafted from his shamelessness, his celebrity and his craven willingness to intimidate critics with litigation or even just the threat of litigation.
The much-vaunted guardrails of the Constitution have not done much to stop Trump. As I’ve discussed, we have the antiquated rules of the Constitution to thank for his elevation to the White House. And those same rules facilitated his effort to deny the will of the voters and retain his grasp on power.
The law has not been much better.
If you helped Trump try to overturn the results of the election, up to and including the Jan. 6 attack on the Capitol, there’s a good chance you’ve had to face your day in court. One of Trump’s lawyers, Rudy Giuliani, was ordered to pay nearly $150 million in damages relating to efforts to subvert the 2020 presidential election in Georgia. Another Trump lawyer, Sidney Powell, pleaded guilty to six misdemeanor charges relating to the effort to manufacture evidence of voter fraud in the same state. And this is to say nothing of the hundreds of rioters who have been sentenced in federal criminal court.
So far, however, Trump has gotten away scot-free. Yes, he has been indicted in federal cases related to Jan. 6 and his handling of classified documents. But the Supreme Court has in effect delayed his trial until the fall as it considers the absurd (but no less serious) question of absolute presidential immunity for criminal conduct in office.
The upshot of all of this is that whether Trump will ever face consequences may well depend on the outcome of the 2024 presidential election. If he wins, he’ll use his powers to pardon himself and escape legal scrutiny, at least in federal court. If he loses, then perhaps his luck will have finally run out.
The American people have been the single most reliable obstacle to Trump’s effort to impose himself and his will over our institutions. Let us hope that they have not given up the fight.