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USA. Trump’s threats and Attorney Smith’s reaction

by Domenico Maceri * –

SAN LUIS OBISPO (USA). “I saw a scared puppy”. Here’s how San Francisco Democrat and former House Speaker Nancy Pelosi commented on Donald Trump’s appearance in an interview with MSNBC on the day of his hearing in which he was indicted for the events of January 6, 2021. seen no bravado or security,” Pelosi continued, also asserting that Trump was aware “of having lost” and having to deal with justice.
Trump’s response was not long in coming. The former president said on his Truth Social platform that Pelosi said a “terrible thing”, denying that she was afraid and accusing the former speaker of being an “evil witch” who will one day “burn in hell”.
After the court appearance before the magistrate Moxila Upadhyaya, in charge of the initial procedures, Trump unleashed an avalanche of insults towards several of his “enemies”. Prominent among these are his former Attorney General William Barr, who did not share his efforts to overturn the election. Barr has been very critical of Trump lately, distancing himself from his former boss in numerous television interviews. The former president also attacked Mike Pence, his deputy, with words typical of his offensive language, who resisted his requests to block the ratification of Joe Biden as president. For his admirable actions, the rioters of January 6, incited by Trump, came very close to assaulting and perhaps killing him after tweets announcing the lack of cooperation.
Immediately after the recent indictment announcement, the third for the former president, Pence made neutral comments without attacking the special prosecutor as several Republican lawmakers, big Trump supporters, have done. Pence in fact declared that the indictment pointed out that “anyone who places himself above the constitution should never become president of the United States”, obviously pointing to his former boss. Pence also poses a danger to his former boss since he is being questioned by the special prosecutor. His name appears more than 90 times in the indictment document and the notes that Pence allegedly took in some of his most heated meetings with Trump are also cited. It is logical to glimpse Pence as a witness against his former boss at the eventual trial.
Confirming his anger, Trump made a serious threat by posting that “anyone” who attacks him “will pay dearly”. It is not known exactly to whom he directed the message, but the threat was interpreted seriously by Jack Smith, the special prosecutor. He asked trial judge Tanya Chutkan to impose a protective order, not exactly a gag, but a warning to protect the judges, witnesses, and jurors who will be involved in the trial. Orders of protection are quite typical, not least because before the trial begins, the prosecution must share information obtained in their investigations with the defense. Smith is obviously concerned because the former president is also indicted in the case of the top secret documents in Florida. Trump has little regard for classified documents and it is believed he would not hesitate to reveal names by sticking them on his platform. Trump, beyond postponing trials as late as possible, also seeks to create confusion in his judicial woes also to pollute potential jurors. It should be remembered that the conviction in criminal trials requires the unanimity of the 12 jurors. Even a juror voting “no” would be enough for Trump to get away with. The judge granted Smith’s request and set a very short deadline for Trump’s lawyers to respond. To the answer to postpone the case, the judge reacted immediately by refusing the request.
As a presidential candidate and then as president, Trump has frequently used inflammatory and offensive political language towards his opponents and in the media, which he has labeled enemies of the people. He has always gotten away with it, but perhaps enough is enough. Attorney Smith was also the target of all imaginable vituperations. The last message, however, has sounded the alarm bell. Trump knows very well that his attacks are listened to by his supporters but that they can also intimidate his opponents. Smith also worried that jurors might be intimidated by Trump’s attacks, as some of his supporters may be violent.
Trump’s attacks also create a climate of tension for Justice personnel. Furthermore, the publicity created by Trump makes it increasingly difficult for jurors to choose, potentially affecting their objectivity. The jury issue is also a concern, but in reality it is an excuse by Trump’s lawyers to delay the trial, waiting for a more favorable political climate. They have already declared that in Washington DC, whose residents overwhelmingly voted for Joe Biden, their client could not have a neutral trial. They obviously didn’t make the same objection in the top-secret documents trial to be held in Florida, the conservative state where the former president resides and where he won in both 2016 and 2020.
During the hearing with Judge Moxila Upadhyaya in Washington, Trump felt humiliated as the judge approached him with “Mr. Trump” instead of “President Trump”, as is often the case with former presidents. However, he did not suffer the other humiliation of the mugshot typical of all the accused. However, in the case of his attempts to overturn the election result in Georgia, which is likely to be indicted shortly, Attorney Fani Willis has indicated that the mug shot will be required.
Another piece indicating the probable defeats in the judicial field. If Trump is convicted in the Washington trial, the date of which is to be determined, he could receive a maximum of 55 years in prison. In all probability he would not go to prison, as would happen with any other individual, and would serve his sentence under house arrest. Unless he is re-elected president in 2024. In that case he would find a way out and many of his opponents would pay dearly, as he has threatened.

* Domenico Maceri, PhD, is professor emeritus at Allan Hancock College, Santa Maria, California. Some of his articles have won awards from the National Association of Hispanic Publications.

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