“Trial by Trial” – Trump v. Biden

Ever heard of “Trial by Fire?” The modern version is “Trial by Trial,” trial by abuse of legal process, misuse of courts to provoke, humiliate, persecute, potentially bankrupt, or imprison you. The goal is to inflict fear, and force defeat. Trump …is not having it; he just keeps winning.

In medieval times, “Trial by Ordeal” was a thing. It involved inflicting a tortuous test on the accused, seeing whether he could survive under enormous pressure. If he did not prevail, he was not innocent. If he did survive, he was good to go.

These days, we have a more cynical version, with the inflictors – a gaggle of partisan accusers, prosecutors, judges – knowing that “crimes” alleged are either non-crimes or indictments for political purposes, willfully abusing the law.

The entire country can see it, some are outraged at this abuse of prosecutors’ power, twisting laws for dark ends, others looking at their shoes, pretending they don’t see it – but they do.

These cases against Trump are slowly collapsing, one after the other. The Georgia case – a high-handed attempt to criminalize politics, led by an embarrassingly unethical, hate-filled partisan – is coming apart, and will further unravel ahead.

The first of two abuses by hate-filled New York state prosecutors, by definition violating the public trust, involved criminalizing lawful loans. No common law fraud existed and no victim, but they found their way – via a one-man jury – to a half-billion dollar penalty, from a judge who sneered and giggled throughout.

The second partisan New York case, starting in April, involves criminalizing acts never intended by lawmakers to be criminal, assertions about the private life of a man aimed at stopping his politics. As in the first case, the motivation is not fairness but hate, seeking to nobble, demoralize, and even demonize the Republican candidate, derailing his campaign.

Two federal cases are no less sinister, and the country knows it. Like the attempt by state partisans to disenfranchise citizens and knock this candidate off ballots in Colorado and Maine – reversed 9-0 by the High Court, these cases will falter.

The federal prosecutor, inappropriately appointed by a bitter Attorney General (who missed the High Court) was previously censured by the Supreme Court for partisanship (9-0 in 2014). He violated executive privilege by secretly grabbing White House communications from social media by subpoena and authorized an unconstitutional raid on the former President for documents offered to the FBI.

He indicted Trump with fanfare in both cases – one on handling classified documents other presidents did without effect, the other for an official act, a speech protected by precedent and free speech rights, no “insurrection” charges brought.

These cases, too, are running aground, one likely to go Trump’s way since no charges were brought against Biden for selling classified documents after serving as vice president (for his book), the other likely Trump’s way on immunity to protect the presidency.

In short, where most could never afford to defend themselves against this kind of abuse of power, and would have wilted, and pled to something to avoid bankruptcy, imprisonment, persecution, and infliction of pain on their kids, Trump has stood up.

If there were ever a leader who stared down persecution, causing the public to see him as a stand-in for themselves, fought to keep the system honest, not losing his cool when others would, a kind of “there but for the Grace of God …”, it is Trump.

Is Trump like other presidents? No, he is not, and will not be if re-elected, but he is perhaps what is needed – a defender of rights that, without defense, will vanish.

Every American should think quietly about this “Trial by Trial,” and what it means. It means corruption has infiltrated the executive and judicial branches, working together to block democracy, and undermine the popular vote, citizen’s franchise, and truth.

A republic does not survive such an assault on trust, integrity, and Constitution, if not corrected. That is especially so when a department charged with “justice” looks the other way at a president who sold classified documents and his office for family profit, and just says he cannot form “intent” as he forgets what he did, and why.

To be clear, these are dangerous times. This 2024 election is not about politics as usual, as we always understood it, two parties in a contest over relatively similar policies, agreeing on the ends just not means. It is instead about integrity, two-party government, and democracy – or the loss of it.

We are now – each of us – in that crucible, facing trial by fire, survival by rejecting anti-democratic behavior and abuse, or wishing we had. Trump will survive his “trial by trial,” but we must stand up, and love the republic enough to reject the danger those cases represent. The choice is fear or courage – that is our trial by fire.

Robert Charles is a former Assistant Secretary of State under Colin Powell, former Reagan and Bush 41 White House staffer, attorney, and naval intelligence officer (USNR). He wrote “Narcotics and Terrorism” (2003), “Eagles and Evergreens” (2018), and is National Spokesman for AMAC.