Trump’s campaign trail runs via the courthouse – and he’s fine with that
Monday night: Des Moines, Iowa, celebrating victory with supporters over beer and popcorn. Tuesday morning: Manhattan, New York, on trial for defaming a woman he sexually abused. Tuesday night: Atkinson, New Hampshire, campaigning for the US presidency. Wednesday morning: court in New York again.
Donald Trump, the former US president and frontrunner for the Republican nomination in 2024, has intertwined his political and legal calendars until they are all but indistinguishable. At rambunctious campaign rallies, he plays the victim and rails against a biased justice system. In sombre courtrooms, he creates a spectacle that guarantees airtime and fundraising to fuel his run for the White House.
The jarring juxtaposition seems to be working.
Trump’s 91 criminal charges across four cases did not stop him winning 98 out of 99 counties in Monday’s frigid Iowa caucuses, and interviews with his support base showed they accept his narrative of politically motivated prosecutions. He is leading opinion polls in New Hampshire and looks poised to become the Republican standard bearer.
“The court appearances are his campaign,” Larry Sabato, director of the Center for Politics at the University of Virginia. “He’s spending much less time than the other candidates in the key states. He’s not spending as much on TV advertising. He’s doing all kinds of things that candidates for president usually don’t do because he’s got an ace card that none of the others have.
“This has convinced not just his supporters but in a broad-based way the whole Republican party that he’s being oppressed, that Joe Biden is using the judicial system to try and put a stake in the heart of his toughest challenger for November. And they buy it.”
Trump’s recent court appearances have been voluntary, not obligatory, at a time when his Republican rivals are crisscrossing states in search of votes. Last week the 77-year-old former reality TV star showed up for a hearing in Washington DC to hear his lawyers argue that he is immune from criminal charges for trying to overturn the 2020 election. A day later he was in Des Moines, Iowa, for a Fox News town hall.
The duelling schedule evidently did him no harm in Iowa, where he romped to victory over the Florida governor, Ron DeSantis, by nearly 30 percentage points, more than twice the biggest winning margin ever achieved by a Republican. During his speech in Des Moines, Trump nodded to his legal tribulations: “I go to a lot of courthouses because of Biden, because they’re using that for election interference.”
The following morning, he was in a Manhattan federal court – again by choice – to watch the selection of a jury that will decide whether he should pay damages for defamatory comments he made in office about the writer E Jean Carroll. Last year a jury concluded that Trump sexually abused her in a department store in 1996 and defamed her in 2022.
That evening he headed to Atkinson, New Hampshire, for a campaign rally where he boasted about his win in Iowa but told supporters: “If I didn’t get indicted all these times and if they didn’t unfairly go after me, I would have won, but it would have been much closer. I tell you, I don’t know if I would have made the trade. I might have just liked the position we’re in right now.”
Come Wednesday, it was back to New York and the Carroll case. This time Trump was animated, shaking his head at testimony he disliked, passing notes to his lawyers and speaking to them while jurors were in the room.
He was scolded by Judge Lewis Kaplan after a lawyer for Carroll complained that he was grumbling about the case so loudly that jurors could hear him. When the judge threatened to expel him, Trump retorted: “I would love it.” The judge admonished: “I know you would. You just can’t control yourself in this circumstance, apparently.”
Outside the courtroom, the Republican frontrunner then held a press conference, describing the trial as “rigged” and Carroll as “a person I never knew”. He complained that Kaplan, a Bill Clinton appointee, was “a nasty judge” and a “Trump-hating guy” who was “obviously not impartial”.
Somehow he had made the case about himself rather than his victim. Maggie Haberman, author of Confidence Man: The Making of Donald
Trump and the Breaking of America, told CNN: “He showed up for her testimony and so instead of us talking about her testimony we are talking about the fact that he was making noises, he was overheard whispering to his lawyer.”
She added: “He would have liked to have gotten thrown out because he would then claim he was a victim. It’s heads he wins, tails the other side loses.”
Trump was not in court on Thursday so he could attend his mother-inlaw’s funeral in Florida. He will soon head back to New Hampshire to hold rallies ahead of Tuesday’s primary election, where he could in effect seal the Republican nomination. As endorsements from senior Republicans pour in, it seems that the party has made a collective decision to carry the legal baggage of a man who now openly brags that he has been indicted more often than Al Capone.
Charlie Sykes, editor of the Bulwark website and a former conservative radio host, said: “He’s going to have a courtroom campaign because Donald Trump relishes the idea of being the martyr. He thinks that being associated with these trials will actually help him in the polls and so far he’s not wrong. Every time he’s been indicted, he’s gone up.”
But Sykes believes that Trump’s decision to attend the trial involving E Jean Carroll could be a mistake as he pivots to general election voters. “How many Americans actually know about this case? There’s been such a firehose of indictments, hearings, charges. Now Donald Trump himself has decided that he is going to draw attention to a case that he’s already lost, that has found him liable for sexual assault.
“It’s hard for me to imagine any swing voters in the suburbs of Philadelphia or Milwaukee hearing for the first time about this case and thinking, yeah, this is the guy that I want to support for president.”
Anna Greenberg, a senior partner at polling firm GQR, also sees limitations in Trump’s gameplan. She said: “He saw that when he got indicted he got a major boost, and you saw it in the primary polls, and so he may be thinking if I engage with these trials against me and I rail and I attack, that’s going to continue to give me some kind of benefit.
“I think he already got the benefit. I don’t think there’s any additive benefit for him but I think there’s a real downside for him, which is that’s how he’s spending his time and not out on the campaign trail and doing the campaigning.”
Trump has pleaded not guilty in four state and federal criminal cases, including two claiming he tried to overturn his 2020 election loss to Biden. This week his lawyers filed paperwork in another case – over his allegedly illegal retention of sensitive classified documents – arguing that intelligence agencies were politically biased against Trump.
Some observers fear that the scorched earth approach poses a farreaching danger to civil society and American legal and political structures. Sykes, author of How the Right Lost Its Mind, added: “Donald Trump is waging a concerted campaign to de-legitimize the justice system in America.
“He is trying to discredit not just prosecutors, but also judges and juries and the entire process of legal accountability and the damage is going to be long lasting and it’s going to be profound.”