Donald Trump is already in jail. He is pressed into confinement every weekday, except Wednesdays, beginning bright and early, no excuses, at 9.30 in the morning, in the dreary courtroom in Manhattan, where his impulse to mouth off wearies and worries his lawyers, and he must listen, for the first time since his father slapped him down, to an authority telling him to gag himself. He had more leeway when Fred Trump shipped the problem child to the New York military academy where Donald bullied his classmates.
Trump’s required attendance in the courtroom as a criminal defendant is his first loss of liberty.
His image there is raw, uncut and unfiltered, like Andy Warhol’s film Sleep,in which Warhol fixed a camera on his slumbering lover for six hours. It’s not a Trump rally. The withering focus – without the introduction of the thumping music, his emergence from a dry ice-generated cloud of fog and the predictably orgasmic reception of frenzied minions – reveals something less than the conquering hero in a “Make America Great Again” red baseball cap clapping his hands.
Day after day, Trump slumps in his chair, his eyes narrowing and closing, his facial features sagging, until he suddenly jerks to life, once muttering a seemingly veiled threat to a potential juror that earned him a rebuke from Judge Juan Merchan that if he persisted he would be in contempt for witness intimidation. Without self-discipline, Trump invites being disciplined. Lacking control, he fails to control himself. Time and again, he falls asleep, “appeared to nod off a few times, his mouth going slack and his head drooping onto his chest”, Maggie Haberman reported in the New York Times.
He appears to pass through the seven ages of man in a blink of the eye without having gone through those of adulthood, leaping from caterwauling infant to angry curmudgeon, the stages from napping to napping.
Trump clearly prefers to be where he is when his eyes are closed rather than when they are open. His sleeping might be a form of passive aggression, showing his hostility, and at the same time willful avoidance and denial. Railing on his Truth Social account, while minute by minute the price of the market-listed “DJT” dives, he wails in capital letters against the trial – “THIS SCAM ‘RUSHED’ TRIAL TAKING PLACE IN A 95% DEMOCRAT AREA IS A PLANNED AND COORDINATED WITCH HUNT” – and the judge – “POSSIBLY THE MOST CONFLICTED JUDGE IN JUDICIAL HISTORY, WHO MUST BE REMOVED FROM THIS HOAX IMMEDIATELY.”
For Trump, the trial is an ordeal – literally an ordeal, in the sense of a medieval trial in which the offender is subjected to torture to determine guilt or innocence. Documents and witnesses did not figure into those trials in the Middle Ages. The verdict was procured by ordeals of walking on fire or boiling in water. Trump, for his part, flips the historical script. He is out to discredit the documents and witnesses. He acts as if the only truth appears when he speaks outside the courtroom. He wants his devotees to see the trial as an ancient ordeal by combat in which he is warrior, not the offender.
In a waking moment, Trump’s promise that he will testify shows his understanding of the trial as more than a matter of the law, but a spectacle that raises the central issue at stake in his cult of personality. Of course, if he were to take the stand, inevitably to allegedly lie, as he has in past depositions, and inescapably to present himself to the jury as an unsympathetic narcissist, he would undermine his case, and possibly face additional severe penalties for obstruction of justice and perjury up to a separate sentence of seven years in jail.
But it is likely that Trump will not take the witness chair to subject himself to the prosecutor’s cross-examination. Trump’s dissembling is a gesture of false bravado showing that he intuitively grasps that for his followers his image as a strongman is on trial. He needs to tell them he fears nothing. He’ll think of an excuse later. He is on trial because he has been accused of bribing people not to tell the truth, but he has to lie to maintain his myth.
The trial is a morality play that has also become a mortality play. His elemental appeal is that he can do whatever he wants, that his power derives from making a mockery of the rules. He wants more than presidential immunity for anything he has done, from the attempted coup of January 6 to stealing national security secrets. He demands absolute immunity from social norms and conventions. His defiance, so far without consequences, is essential to demonstrating his strength. He appears immune to ordinary strictures. But strongmen can’t exist within someone else’s regime. The trial is a prequel of Trump caged. He doesn’t play by the rules, but now he has to obey them.
Trump has strategized that he could use the trial as his platform to depict himself as the superhero against the system. He would invert the terms of the prosecution to persecution and convert the trial into his campaign trail. As a victim of the forces of evil elites, he would inflate himself into a larger fighter for his followers. “I am your retribution!”
But the action hero can’t move without permission. “Sir, would you please have a seat,” the judge ordered when he stood up to walk out before adjournment. Superman can’t fly. He may dream of racing like Batman through Gotham, but he is facing the judge on the high bench issue a ruling about his contempt for violating the gag order.
He has lost more than his ability to articulate; he is becoming disarticulated as a figure. “It is a shame,” he whined. “I am sitting here for days now, from morning until night in that freezing room. Everybody was freezing in there! And all for this. This is your result. It is very unfair.” Under the weight of the trial, he is decaying, “haggard and rumpled, his gait off-center, his eyes blank”, according to the Times.
Trump is widely seen as obnoxious, vile and no model for children, even by some who support him, but he retains one great political asset that has allowed him to transcend his toxicity. He is perceived as a “strong and decisive leader”, according to the Gallup Poll. For his followers his strength has been immutable. This image is at the heart of his cult of personality, the center of his political theology and the core of his authoritarianism.
The trial is about facts, fiction and putrefaction. The prosecution will present its facts to strip Trump of his lies, his fiction. That regular and expected process has surprisingly but naturally disclosed his physical deterioration, which is hardly incidental but critical to his projection, which is another fiction.
In the kitsch art of Trumpism, a cross between Stalinist socialist realism and comic books, his true believers always, without exception, portray him as a physical strongman. In popular versions, there is Trump in leather jacket on a Harley, Trump on a galloping horse holding a flag, and Trump in fatigues holding an AR-15 rifle standing next to Lincoln and Washington, also in fatigues.
Trump, used to living the life of a sloth of the leisure class, actively encourages and profits from these images of virility. When he announced his re-election campaign for president in December 2022, he sold a deck of digital cards for $99 showing himself as Superman (with a “T” on his muscled chest), a Star Wars-like hero, and another holding a lightning bolt in his hand with jet planes in the background and the logo: “Superhero.”
His obsession with cultivating the strongman image, like that of Vladimir Putin posing shirtless on a horse, reached an apogee in October 2020, when he was released from the Walter Reed medical center for treatment of Covid, and planned to rip open his shirt to reveal a Superman’s letter “S”. Instead, he stood on the White House balcony and tore off his mask.
Trump now aspires to be a dictator “only on day one”. His desire to be an absolute despot is another of his wishful medieval anachronisms. “Be a king, be a killer,” Fred Trump told him. If he is the personification of the Leviathan, the state itself, a divine monarch above the law, his corporeal body merges with that of the body politic. His followers already accept implicitly that tenet of his myth, whether they know it or are Know Nothings. It is vital to his cult.
But, if true, the physical decline of his body must be reflected in the decline of his body politics, his kingdom of Maga, which is not the state, at least yet, unless there is a new law of succession, not yet introduced by the Freedom Caucus. Trump’s putrefaction in the courtroom is refutation of his pretension to royalty apart from any legal argument that might be considered by the conservatives on the supreme court to grant his plea of immunity as if he were king.
Being tried on the evidence trail of his pathetic old affairs is a cruel irony for the lumpish former man-about-town forced to sit today in the courtroom. He is being visited by the ghost of Playboy Mansion past.
“I am supposed to be in Georgia; in North Carolina, South Carolina. I’m supposed to be in a lot of different places campaigning, but I’ve been here all day,” Trump complained. “It’s a whopping outrage and it is an outrage. Everybody is outraged by it.”
Sidney Blumenthal, former senior adviser to President Bill Clinton and Hillary Clinton, has published three books of a projected five-volume political life of Abraham Lincoln: A Self-Made Man, Wrestling With His Angel and All the Powers of Earth. He is a Guardian US columnist