On Tuesday, Jack Smith, the special counsel, delivered a revised 36-page indictment, again charging Donald Trump with conspiring to subvert the final outcome of the 2020 election. How the courts treat the latest indictment remains to be seen. Justices Clarence Thomas and Samuel Alito may again race to Trump’s rescue. But two weeks before the scheduled 10 September presidential debate, the American electorate and Donald Trump are again reminded that the Republican nominee stands in legal jeopardy. Then again, winning on 5 November may be the simplest way for him to avoid jail time.
Already trailing in the polls, this is not good news for Trump, a candidate who has twice lost the popular vote. Without Joe Biden as a foil, his decline and age visibly grow. At 59, Kamala Harris is almost 20 years younger. All too often, Trump, 78, slurs his words and rambles. His dance moves remind folks of their elderly uncle.
Trump already labors under a state court felony conviction in New York and a nine-figure pile of civil judgments. His personal liquidity and the future of his family business are in doubt. He must again deflect renewed allegations that he sought to thwart the will of the people and obstruct the outcome of a valid election. That costs more time and money.
“Despite having lost, the Defendant – who was also the incumbent President – was determined to remain in power,” the indictment reads.
“For more than two months following election day on November 3, 2020, the Defendant spread lies that there had been outcome-determinative fraud in the election and that he had actually won. These claims were false, and the Defendant knew that they were false.”
For a guy who yammers about law and order, it’s a lousy look – as is his campaign’s physical altercation at Arlington national cemetery over its use as a prop in which Trump flashes a thumbs-up.
Since Harris emerged as the Democrats’ standard-bearer, Trump is on the short end of a nine-point shift in the polls. This latest legal development will likely hinder his attempt to make up lost ground. If history matters, indictments have a way of doing just that.
A veteran of George HW Bush’s losing re-election campaign, I remember Caspar Weinberger, Ronald Reagan’s defense secretary, being re-indicted just days before the 3 November 1992 election. In the run-up to that fateful Friday, the campaign had battled back into a statistical tie with Bill Clinton. The one-count re-indictment, however, derailed the campaign’s final gasp for momentum.
Before the latest indictment, Harris already held an 11-point lead over Trump on the question of who is the more honest and trustworthy candidate. Expect Tuesday’s indictment to expand the gap, a development that he can ill afford.
The map tells the story. According to Nate Silver, the polling guru, Harris has recaptured a lead in the electoral battlegrounds of Arizona, Michigan, Nevada, North Carolina, Pennsylvania and Wisconsin. The website he founded, ABC’s 538, gives her nearly a three-in-five shot of winning. PredictIt, an online betting site, puts her chance at 55%.
Nationally, House Democrats have improved their chances of retaking the chamber. Over in Texas, the senator Ted Cruz holds a mere two-point advantage over the representative Colin Allred, his Democratic opponent. The loathed incumbent senator is in trouble.
This is not the future Trump and the Republicans envisioned after he walloped Biden in the debate. Even worse, this is not the endgame the Trump campaign anticipated. Rather, Chris LaCivita and Susie Wiles expected Sleepy Joe to hang on until the bitter end. Of all his unforced errors, Trump agreeing to an early debate may have been his most consequential. Lack of imagination can be fatal in politics and war.
Adding insult to injury, the Harris campaign announced on Tuesday that Harris and her running mate, Tim Walz, will sit for a joint interview to be aired this Thursday night on CNN. For days, the punditocracy repeatedly announced that without a media sit-down she would be unable to maintain her momentum.
That box is about to be checked. Team Trump is on verge of losing another talking point.
Beyond that, the Harris-Walz interview falls on the eve of the upcoming Labor Day weekend, when most of the US is on the road, as opposed to being glued to their televisions. If the interview goes poorly for Harris, it is less likely to develop into a real-time disaster.
The Trump re-indictment also serves to highlight Harris’s career as a local prosecutor and state attorney general. In this vein, a speech she delivered in late June in Atlanta sets the table for the final weeks of the campaign.
“In those roles, I took on perpetrators of all kinds: predators who abused women; fraudsters who ripped off consumers; cheaters who broke the rules for their own gain,” she advised the crowd.
“So, hear me when I say I know Donald Trump’s type. I know the type. And I have been dealing with people like him my entire career.”
Meanwhile, her campaign coffers brim. Voter registration among Black women explodes. And Trump is left to hawk another round of digital trading cards.
He is not enjoying a “brat summer”.
Lloyd Green is an attorney in New York and served in the US Department of Justice from 1990 to 1992
