大象传媒

鈥淟adies and Gentlemen! Tonight, for the main event in the center ring鈥︹��!

The indictment of former President Donald Trump, on 34 felony charges stemming from hush money payments to an adult film actor, more than anything else, has a numbing effect. We simply cannot expel this egomaniac from the center of our national debate, so we sigh, shake our heads, and try to move along through the noise.

The media circus surrounding the indictment hasn鈥檛 been this frenzied over celebrity crime since O.J. Simpson got into his Ford Bronco nearly 30 years ago. It doesn鈥檛 help that Trump has been eating up the coverage, , and getting a for his run to be reelected in 2024. At least, until the photographers printed those .

The charges themselves, brought by Manhattan District Attorney Alvin Bragg, are rather mundane. , in relation to payments Trump made through shell companies; his lawyer, Michael Cohen; and the National Enquirer to two unnamed women, presumably the adult film actor Stormy Daniels and former Playboy model Karen McDougal, and to an unnamed doorman who tried to shop a story about an illegitimate child. (The Enquirer eventually concluded that story wasn鈥檛 true, but paid to keep it quiet until after the election anyway.)

The national media loves to talk about Trump鈥檚 鈥渢awdry鈥� actions at the root of the charges, but that鈥檚 missing the mark. This case will sink or swim based on those very narrow charges under New York state鈥檚 business laws, but that鈥檚 nowhere near as sexy as the 鈥渉ush money to a porn star鈥� angle. And when the media finds the circus isn鈥檛 interesting enough, they鈥檒l put on clown makeup and get in the ring themselves.

Everyone has an opinion of Trump鈥檚 indictment, usually formed before reading any of the charges. Should he be indicted at all? Was it smart to have the Manhattan D.A. file charges first? Isn鈥檛 this setting us up for more disappointment/violence/Trump鈥檚 reelection in 2024? And why is Bragg bringing these charges when he walked away from a ?

At the end of the day, most of those questions are moot. A person commits a crime, a prosecutor or grand jury determines there is probable cause to bring charges, an indictment or arrest follows, and then comes a trial. That鈥檚 the procedure. The fact that the suspect in question is the former president of the United States, or that he鈥檚 simultaneously being investigated for serious crimes in multiple jurisdictions, is beside the point. A charge is a charge is a charge, and that鈥檚 the way the justice system is supposed to operate: focused only on the facts at hand, independent of any outside factors.

Trump has escaped personal accountability for his behavior his entire life.

The reality is that our justice system often falls quite short of that ideal, as any fair-minded observer would note. Just look to our nation鈥檚 history of state-sanctioned violence against Black and Indigenous people to , labor and , of left-wing causes, , (including , (of all genders), and ), LGTBQ+ people (whether , , or just ), and more. The difference with Trump is a matter of degree: In just seven years, his , plus the media that reported on that violence.

We shouldn鈥檛 kid ourselves that Trump will ever spend a day in prison鈥攖he sheer logistical challenge of securing the personal safety of a former president, even in a 鈥淐lub Fed鈥�-style light-security facility, makes that nearly impossible. The best possible outcome would be to have him banned from public office for life, but the . He might have his assets seized, his businesses closed, his family shunned forever. He might get an ankle monitor and detention in his gilded Florida 鈥減rison,鈥� but he鈥檒l never be looking at the rest of the world through bars. , or for .

But we can expect Trump to use his time-proven tactics of filing countless frivolous pretrial motions to delay the case in an effort to run out the clock until he wins the 2024 presidential election. After which, he鈥檒l pardon himself and then fight to delay any reckoning on that violation of all that is good and lawful until long after he鈥檚 dead.

And if the worst of all possible outcomes occurs, and Trump does find himself ensconced in the Oval Office on Jan. 21, 2025, it鈥檚 easy to imagine that the first thing he鈥檇 do is order his interim attorney general to arrest Joe Biden, legal reasoning be damned, plus anyone else who he believes wronged him during his spectacular failure of his first term: Robert Mueller, Nancy Pelosi, Hillary Clinton a hundred times over, Barack Obama. There is no depth to which Trump will not sink to satisfy his bottomless, foundational hunger for revenge.

But even as we dread that possibility (and we鈥檇 be foolish to think it couldn鈥檛 happen), the flaws of our justice system do not begin and end with Trump鈥檚 unique ability to manipulate them. Trump didn鈥檛 do anything new (aside from launching an attempted coup to remain in power after he lost reelection), he just pushed to new heights every unconscionable behavior we鈥檇 seen in previous presidents, from to to . Our presidents, congresspeople, governors, police, CEOs, and other powers in our society have always pushed the boundaries of legality and often gotten away with it. 

Trump has escaped personal accountability for his behavior his entire life (), so there鈥檚 no reason why the most un-self-reflective politician in U.S. history should believe the outcome of his current morass would be any different.

Granted, no U.S. president has ever tried to overthrow our democracy before. And there鈥檚 good evidence that are forthcoming from Special Counsel Jack Smith. As are potential charges around Trump鈥檚 , and from Fulton County, Georgia, District Attorney Fani Willis around his .

And if Manhattan D.A. Bragg鈥檚 indictment over hush payments to Stormy Daniels and others seems somewhat deaf to the political reality we鈥檙e facing, again, that鈥檚 by design. Prosecutors from separate jurisdictions filing separate criminal cases aren鈥檛 supposed to collaborate to achieve the most ideal political outcome. 

If Trump has to burn jet fuel flying between court dates in New York, Washington, and Atlanta, well, that鈥檚 on him. But it鈥檚 also on us to deal with the fallout from the justice system in the political sphere.

And if Trump gets a ratings or funding boost as his unhinged minions triple-down on their persecution complex, well, they were going to do that anyway. As a nation that is allegedly rooted in certain principles of fairness and equality (no matter how imperfectly applied), we can鈥檛 refrain from applying our standards of justice equally because we鈥檙e worried about what other people might do in response. 

Another way of looking at the current situation is this: The Prohibition-era mobster Al Capone has been plausibly linked to anywhere from a few dozen to hundreds of murders, plus all the other crimes a racketeer of the age would be privy to. Yet Capone was put away for income tax evasion, which had the same effect as putting him away for murder would have done鈥攈e lost control of his gang and businesses, and by the time he was released, he was too sick (with neurosyphilis, contracted in the days before penicillin) to be a threat anymore. 

The Capone case also helped create the judicial precedent that , which is something we can appreciate more as Trump鈥檚 empire continues to unravel. And, like Trump, Capone was also prone to bragging about those crimes, believing he was above the law.

History will account for the true toll of Trump鈥檚 perfidy (turning COVID-19 into a political issue probably led to from the disease, for example). But by the mere act of filing criminal charges against him, the nation is saying he is not, after all, above the law.

In the case of l鈥檃ffaire Stormie, it is possible prosecutors have finally caught up to Trump鈥檚 pre-presidential crimes and are soon moving on to those committed while in office. From the perspective of the media circus, the main act is about to begin.