Nightmare for Trump Defense Team: His Refusal to Stay Quiet – TIME
At some point last week, Donald Trumps lawyers got through to him. One day after a Georgia grand jury indicted him for trying to overturn the 2020 election, the former president announced on Tuesday that he would hold a press conference the following week to rebut the charges. The plan didnt last for long. By Thursday, the whole thing was nixed. "My lawyers would prefer putting this, I believe, Irrefutable & Overwhelming evidence of Election Fraud & Irregularities in formal Legal Filings as we fight to dismiss this disgraceful Indictment," Trump wrote on Truth Social.
In other words, Trumps attorneys seemingly convinced him of one of his most sacred rights as a criminal defendant: Mr. President, you have the right to remain silent.
But while his legal team may have dodged a bullet, for now, the problem isnt going away. Trump is famous for his impromptu and incendiary pronouncements, whether through his rambling speeches or his social media tirades. Over the course of a long and arduous campaign, he will have ample opportunity to pontificate on his many prosecutions, meaning his lawyers, in all likelihood, wont be able to protect Trump from himself for long. No one has been able to manage Donald Trump, including Donald Trump, says Whit Ayres, a veteran GOP strategist. The effort to do so is virtually hopeless. I can't imagine being his defense attorney in one of these trials. You'd have to drink a case of Maalox every morning just to get through the day.
Still, Trump has proven himself adept at turning scandal into political advantage. His mastery of survival and showmanship could help him clinch the Republican nominationwith each indictment, he has soared only further in the pollsbut it also comes with a distinctive risk, as Trumps comments could potentially be used against him in court.
I think that the statements he's making can, and likely will do, substantial damage to him, says Norm Eisen, who served as counsel for House Democrats on Trumps first impeachment. Additional statements can incriminate you. They can be the basis of worsening existing charges or superseding charges. They can be utilized as admissions while the trial is being prosecuted, whether or not Trump testifies. They run the risk of witness intimidation or harassment, which violate the terms of release for federal and state law.
Attorneys for Special Counsel Jack Smith have already alerted the judge overseeing the federal election subversion case against Trump about a Truth Social post that appeared to threaten prospective witnesses. If you come after me, Im coming after you, Trump wrote in all caps. While Trumps campaign insisted the post was meant as a warning to the former Presidents political enemies, it was written in a way that left his intent open to interpretation. That kind of language from Trump could also become a problem for him in Georgia, where the conditions of a new $200,000 bond agreement stipulate that he refrain from intimidating a witness or co-defendant, including on social media.
Its a dynamic that reveals the double-edged nature of Trumps ploy to consolidate his political and legal strategies. I think they're going to have a field day, because any prosecutor would tell you there are few things more powerful than using a defendants own statements in court, says Temidayo Aganga-Williams, a former federal prosecutor who was a staff member on the Jan. 6 Committee. You would tell jurors to act like this is any other personif this were your son, your brother, your co-worker.
Trump has cast the four separate indictments against him as a partisan witch-hunt to stop him from reclaiming the White House. In both the federal and Georgia cases that allege he knowingly spread lies of election fraud to stay in power, Trumps attorneys have argued that he was acting within his First Amendment rights to challenge the election outcome. They also insist that Trump believed his own claims and was therefore not operating with criminal intent.
But while his lawyers are trying to exonerate him in court, his campaign has been using his predicament to capitalize on the campaign trail, sending out a stream of fundraising blasts after each arraignment and selling merchandise with fake Trump mug shots. The tactic has worked; the former President is currently leading the GOP field by 30-to-40 points in most surveys. President Trump is dominating every single pollboth nationally and statewideand his numbers keep going up, Steven Cheung, a spokesperson for the Trump campaign, tells TIME. The latest polls conducted after the last indictment show the American people are standing firmly with him against out-of-control Democrats.
Trumps grip on the Republican base is one reason why most of his opponents havent attacked him over his legal woes. Instead, they seem to have made a calculation that the myriad prosecutors bringing criminal charges against Trump in the middle of an election year present the greatest threat to his Oval Office aspirations. A looming question that will be hanging over the first GOP primary debate Wednesday night is whether any of these cases will be resolved before voters head to the polls next year.
Smith has requested the election case go to trial in January, while the federal judge overseeing the Mar-a-Lago documents case has already set a trial date for May 2024. Former prosecutors suspect that Smith is trying to move these cases along swiftly to avoid the possibility that Trump could put an end to them should he win the election, either by attempting to pardon himself or appointing an attorney general to squash the matter altogether. The Justice Departments long-standing policy of avoiding even the appearance of interfering in an election adds another level of urgency to bring these cases to a conclusion.
Fani Willis, the Fulton County District Attorney, has more latitude. As a state prosecutor, she operates independently of the federal government, which allows her to keep prosecuting Trump even if hes the sitting President of the United States. That helps to explain why shes pursuing a more sprawling and complicated case, bringing racketeering charges against Trump and 18 allies with whom he allegedly conspired to nullify Joe Bidens election victory. It may well be another reason why Trumps lawyers tried to put the kibosh on his planned press conference, in which he was expected to propagate the disproven election fraud claims that sit at the heart of the Georgia indictment.
In my more than three decades principally acting as a criminal defense lawyer, Eisen says, the first instruction I gave my client at the very first meeting was: Shut up about this case. Do not talk to anyone. You do not know how that is going to come back to harm you.
More Must-Reads From TIME
Contact us at letters@time.com.
See original here:
Nightmare for Trump Defense Team: His Refusal to Stay Quiet - TIME
- Donald Trump Says 'Market Is Going To Boom,' Claiming '$6-7 Trillion' Worth Of Inflows Will Come After The Worst Selloff Since 2020 - Yahoo Finance - April 5th, 2025 [April 5th, 2025]
- Live updates: 'Hands Off!' protesters rally against Donald Trump, Elon Musk - The Hill - April 5th, 2025 [April 5th, 2025]
- Donald Trump's Tariff Formula 'Based on an Error'Conservative Think Tank - Newsweek - April 5th, 2025 [April 5th, 2025]
- The ridiculous real story behind the tariff plan that turned Donald Trump into a global disaster - MSNBC News - April 5th, 2025 [April 5th, 2025]
- "Hang Tough, It Won't Be Easy": Donald Trump To Americans Amid Tariff War - NDTV - April 5th, 2025 [April 5th, 2025]
- This Economic Paradox Nearly Took Down Three Presidents. Is Donald Trump Next? - Politico - April 5th, 2025 [April 5th, 2025]
- Donald Trump says he is very angry with Vladimir Putin over Ukraine - The Guardian US - March 30th, 2025 [March 30th, 2025]
- Donald Trump: Is Irish America moving towards the Republican Party? - BBC.com - March 30th, 2025 [March 30th, 2025]
- Globalisation will triumph over Donald Trump - Financial Times - March 30th, 2025 [March 30th, 2025]
- Donald Trump's Approval Rating Over Economy Plunges to New Low - Newsweek - March 28th, 2025 [March 28th, 2025]
- Called a 'scab' during the campaign, Donald Trump wins UAW backing on tariffs - Detroit Free Press - March 28th, 2025 [March 28th, 2025]
- Donald Trump is moving fast and breaking things, but that may result in a better US | Simon Jenkins - The Guardian - March 28th, 2025 [March 28th, 2025]
- Donald Trump Has Invented Something New and Chilling - Yahoo - March 28th, 2025 [March 28th, 2025]
- Column: Thank you, Donald Trump, for giving me my dad back - - The Daily Tar Heel - March 26th, 2025 [March 26th, 2025]
- Donald Trump's Approval Rating Is Negative With Nearly Every Pollster - Newsweek - March 26th, 2025 [March 26th, 2025]
- Andrii Smytsniuk | Condolences to Kyiv: Ukraine, King Solomon, and Donald Trump - The Daily Pennsylvanian - March 26th, 2025 [March 26th, 2025]
- Whoopi Goldberg has chilling warning about Donald Trump on The View - PennLive - March 26th, 2025 [March 26th, 2025]
- Donald Trump threatens US tariffs on countries buying Venezuelan oil - BBC.com - March 25th, 2025 [March 25th, 2025]
- Donald Trump Calls George Clooney a Second Rate Movie Star After Clooney Calls Out the Government for Trying to Make Journalists Smaller: They Dont... - March 25th, 2025 [March 25th, 2025]
- People Can't Help But Giggle Over This Portrait Of Donald Trump That He Desperately Wants Removed From The Colorado State Capitol - Yahoo... - March 25th, 2025 [March 25th, 2025]
- Donald Trump will soon mark 100 days in power - where does his opposition stand? - Sky News - March 22nd, 2025 [March 22nd, 2025]
- Putin said he prayed for his friend Donald Trump after 2024 assassination attempt, U.S. envoy says - NBC News - March 22nd, 2025 [March 22nd, 2025]
- Donald Trump and John Roberts: A president, a chief justice and a judiciary under pressure - Reuters - March 22nd, 2025 [March 22nd, 2025]
- Prediction: President Donald Trump Is Going to Break His Social Security Promise, and These 16 Words Prove It - The Motley Fool - March 22nd, 2025 [March 22nd, 2025]
- Full List of Names Donald Trump Has Stripped of Security Clearance - Newsweek - March 22nd, 2025 [March 22nd, 2025]
- Social Security: What Donald Trump And Elon Musk Are Doing About Entitlement Program - Forbes - March 13th, 2025 [March 13th, 2025]
- Why John Mearsheimer Thinks Donald Trump Is Right on Ukraine - The New Yorker - March 13th, 2025 [March 13th, 2025]
- What the U.S. ceasefire proposal means for Ukraine, Russia, Europe and Donald Trump - The Conversation Indonesia - March 13th, 2025 [March 13th, 2025]
- Well, It Looks Like We Know What Donald Trump Will Do About Daylight Saving Time Now - Yahoo - March 7th, 2025 [March 7th, 2025]
- Jimmy Carter Reminds Us of Political Integrity; Donald Trump and Corporate America Remain Committed to Darkness - Progressive.org - March 7th, 2025 [March 7th, 2025]
- Donald Trump Supporters Are Waking Up To The Reality Of Their Ballot Choices, And The Stories Are A Loooooot - Yahoo - February 20th, 2025 [February 20th, 2025]
- It took Donald Trump less than a decade to turn the US toward Putins Russia - CNN - February 20th, 2025 [February 20th, 2025]
- Are We Still Friends?: How Donald Trump Is Unraveling the Western Alliance - Vanity Fair - February 20th, 2025 [February 20th, 2025]
- Prediction: President Donald Trump Will Break His Social Security Promise and Propose Cuts -- Just Not in the Way You Might Think - The Motley Fool - February 16th, 2025 [February 16th, 2025]
- It Pays to Be a Friend of Donald Trump - The FP - February 16th, 2025 [February 16th, 2025]
- Donald Trump's 'Drastic' Funding Cuts Face Republican Opposition - Newsweek - February 16th, 2025 [February 16th, 2025]
- President Donald Trump Hangs His Framed Mugshot Outside the Oval Office - E! Online - E! NEWS - February 16th, 2025 [February 16th, 2025]
- Donald Trump wants states and cities to do as they are told - The Economist - February 16th, 2025 [February 16th, 2025]
- Donald Trump Wants Reciprocity in Trade: Heres a Closer Look - Council on Foreign Relations - February 16th, 2025 [February 16th, 2025]
- Interview with President Donald Trump airing ahead of Super Bowl 59: How to watch - USA TODAY - February 9th, 2025 [February 9th, 2025]
- Donald Trump set to make history at the Super Bowl. Heres why hell hate kick-off. - MLive.com - February 9th, 2025 [February 9th, 2025]
- Donald Trump golfs with Tiger Woods ahead of expected Super Bowl LIX visit - New York Post - February 9th, 2025 [February 9th, 2025]
- The Observer view: Vengeful and reckless, Donald Trump must not go unchallenged | Observer editorial - The Guardian - February 9th, 2025 [February 9th, 2025]
- Donald Trump will be at Super Bowl LIX, and he is not happy with the rules - PennLive - February 9th, 2025 [February 9th, 2025]
- Why Chip Roy is one of Donald Trump's biggest threats - POLITICO - January 24th, 2025 [January 24th, 2025]
- What did Donald Trump throw to his inauguration crowd? Find out in the news quiz - NPR - January 24th, 2025 [January 24th, 2025]
- We tracked California's lawsuits against Donald Trump. Here's where the state won and lost - CalMatters - January 24th, 2025 [January 24th, 2025]
- Contempt is a dangerous way to lead a country: here is the sermon that enraged Donald Trump | Mariann Edgar Budde - The Guardian - January 24th, 2025 [January 24th, 2025]
- Donald Trump finds new ways to flex presidential power after returning to the White House - The Associated Press - January 24th, 2025 [January 24th, 2025]
- What to know about President Donald Trump's order targeting the rights of transgender people - The Associated Press - January 24th, 2025 [January 24th, 2025]
- Donald Trump Jr. arrives in Greenland with a message from his dad: 'Were going to treat you well' - The Associated Press - January 7th, 2025 [January 7th, 2025]
- Donald Trump Jr. arrives in Greenland after his father said the U.S. should own the Arctic territory - ABC News - January 7th, 2025 [January 7th, 2025]
- Live updates: Carter casket arrives at Capitol; Donald Trump comments on Greenland, Gulf of Mexico - The Hill - January 7th, 2025 [January 7th, 2025]
- Donald Trump Jr arrives in Greenland as his father says Denmark give it up - Fox News - January 7th, 2025 [January 7th, 2025]
- Donald Trump fumes over flag flying at half-staff to honor Jimmy Carter during inauguration - Yahoo! Voices - January 3rd, 2025 [January 3rd, 2025]
- Donald Trump Will Be Sentenced on 34 Felony Convictions Before Inauguration - PEOPLE - January 3rd, 2025 [January 3rd, 2025]
- How Donald Trump reacted to Mike Johnson winning the House speaker vote - CBS News - January 3rd, 2025 [January 3rd, 2025]
- Letters to the Editor: A wokoso on the reasons more Latinos voted for Donald Trump - Los Angeles Times - January 3rd, 2025 [January 3rd, 2025]
- Mike Johnson reelected as House speaker with support from President-elect Donald Trump - USA TODAY - January 3rd, 2025 [January 3rd, 2025]
- Donald Trump Muddies the Waters in New Orleans - Vanity Fair - January 3rd, 2025 [January 3rd, 2025]
- Donald Trump to Be Sentenced Days Before Swearing In as President - Newsweek - January 3rd, 2025 [January 3rd, 2025]
- How anti-woke spin did the business for Donald Trump - The Guardian US - December 2nd, 2024 [December 2nd, 2024]
- Sen. Alex Padilla says Donald Trump has "made it no secret that he has it in for California - CBS News - December 2nd, 2024 [December 2nd, 2024]
- Donald Trump tests the system of checks and balances just weeks after election - USA TODAY - December 2nd, 2024 [December 2nd, 2024]
- Donald Trump threatens BRICS countries that move away from dollar - Semafor - December 2nd, 2024 [December 2nd, 2024]
- 2 Changes Donald Trump Wants to Make to Social Security: Will 2026 Be the Year They Become Reality? - Yahoo Finance - December 2nd, 2024 [December 2nd, 2024]
- Donald Trump reveals exclusively to The Post what he and Biden spoke about at DC meeting - New York Post - November 14th, 2024 [November 14th, 2024]
- Republicans win 218 US House seats, giving Donald Trump and the party control of government - The Associated Press - November 14th, 2024 [November 14th, 2024]
- Donald Trump Tells House Republicans He Won't Seek a Third Term Unless They 'Figure' Out a Way to Allow It - PEOPLE - November 14th, 2024 [November 14th, 2024]
- Tesla is not the only winner under Donald Trump - The Economist - November 12th, 2024 [November 12th, 2024]
- Donald Trump Jr. Opts Out of White House to Join 1789 Capital - Bloomberg - November 12th, 2024 [November 12th, 2024]
- Opinion | Americans ordered up Donald Trump. The world will foot the bill. - The Washington Post - November 12th, 2024 [November 12th, 2024]
- Opinion: Reflections from across The Pond on Donald Trump's re-election - Palm Beach Post - November 12th, 2024 [November 12th, 2024]
- How could Donald Trump target the LGBTQ+ community? Project 2025 is a ready blueprint for discrimination - The Conversation - November 12th, 2024 [November 12th, 2024]
- Donald Trump has sweeping plans for a second administration. Heres what hes proposed - The Associated Press - November 12th, 2024 [November 12th, 2024]
- UK minister grilled over tweet branding Donald Trump a self-confessed groper - POLITICO Europe - November 12th, 2024 [November 12th, 2024]
- South Korean president practising golf to prepare for future meetings with Donald Trump - The Guardian - November 12th, 2024 [November 12th, 2024]
- Kamala Harris and Donald Trump hold dueling rallies in swing-state Michigan as it happened - The Guardian US - October 18th, 2024 [October 18th, 2024]
- I visited a small, struggling, climate-ravaged town in Louisiana. Why is Donald Trump certain to win here? - The Guardian US - October 18th, 2024 [October 18th, 2024]
- Donald Trump, Not at All Worried About Losing the Election, Demands Kamala Harris Be Forced Off the Campaign - Vanity Fair - October 18th, 2024 [October 18th, 2024]