Trump, the John Gotti of U.S. politics

HALIFAX—For someone already convicted of sexual assault, defamation, and massive business fraud, Donald Trump, criminal defendant, can still draw a crowd. There is something about notorious criminal trials that attract humanity like moths to a flame. In the case of the late O.J. Simpson’s murder trial in the 1990s, it was the fascination of the abomination, amplified by the celebrity of the accused—an alleged double murder by a national hero. Back in 1895, Irish poet Oscar Wilde was put on trial for gross indecency. Wilde’s fame as the leading playwright and wit of his age created huge public interest. But it was the details of his homosexual relationship with a son of the British aristocracy, Lord Alfred “Bosie” Douglas, that transformed public interest into a frenzied national obsession. And so it is with Trump’s hush-money case. For the next two months, the first criminal trial of a former U.S. president, will eclipse anything that comes out of Gaza, Ukraine, or Iran. What comes out of Trump’s mouth will rule the airwaves. That’s because Trump has become the John Gotti of U.S. politics. The infamous Mafia don of the Gambino crime family became an unlikely media star. He was so bad he was good. No matter how hard law enforcement tried to bring him to justice, the Teflon Don always managed to keep one step ahead of his pursuers; all the while flaunting his notoriety the way a body-builder flexes his biceps. In an odd way, the more the law pursued Gotti, the more the public applauded him, a little like the people who cheered on O.J. Simpson during that famous ride in the white Bronco holding a pistol. In Gotti’s case, the public was in thrall to his Houdini-like escapes from authorities, and his $2,000 suits. Despite being in the murder and mayhem business, his media star shone as brightly as his 1000-watt smile in TV scrums. Ditto for the other Teflon Don, Donald Trump. Projecting an image of mega wealth and terminal irreverence, he has parlayed his celebrity from a popular TV show into political power. Despite boasting on the now infamous Access Hollywood tape that he could grab women by their privates because he was famous, Trump not only won the GOP nomination for president, he won the White House in 2016. Blinded by his celebrity and bedazzled by his lies, voters let him away with his obnoxious sexism and misogyny. A one-time fluke, an aberration? Not on your life. Trump successfully retuned to politics after losing the 2020 election, winning his party’s presidential nomination on a strategy of more lies and vicious personal attacks. His approach was the same. A firehouse of low blows. Crooked Hillary became Sleepy Joe. America was totally broken and headed for Third World status. Criminal immigrants were “vermin” who were “poisoning” the blood of America. Only the Orange One could save the day. There were even hyperbolic comparisons to Jesus and Ronald Reagan, which in GOP circles is the same thing. By the time Trump took over the Republican Party for the second time, he faced criminal charges for inciting an attempted coup, stealing classified documents, falsifying business records, obstructing justice, and paying off a porn star to keep their illicit affair secret. There were four criminal indictments in all, accounting for 88 felony charges. Yet almost no senior Republicans, let alone the GOP’s hard-right base, seemed to care. Trump fundraised off of every indictment, including making money from selling T-shirts featuring his mugshot. Even after he was found guilty of sexually assaulting—and then defaming—E. Jean Carroll, and even after he was found guilty of business fraud and fined half a billion dollars, it didn’t matter in the slightest to his supporters—or party brass. Trump was still their man and they all wanted to be part of his celebrity wreck-em race. Many said they would vote for Trump even if he became a convicted felon. There is nothing in the U.S. Constitution preventing such a person from assuming the presidency. Which brings me to the heart of the matter. Ostensibly, Trump is on trial in the so-called hush-money affair, not for paying Stormy Daniels $130,000 to keep quiet about their dalliance. Paying hush-money is not a crime. Trump faces 34 counts of falsifying business records to hide the payoff through a shell company. His purpose was to conceal the real Donald Trump from the public in the run-up to the 2016 election. Even the married Trump knew that bedding a porn star could get people thinking about their vote. His personal lawyer of the day, Michael Cohen, did the dirty work. He paid off Daniels just 12 days before the presidential election in 2016. Trump later repaid Cohen with 11 cheques, disguised as fees for legal services. All the cheques were sourced to Trump, who personally signed nine of them. Cohen subsequently went to jail after confessing to his part in this tawdry affair. Trump has entered a not guilty plea. As his Class E felony case goes through a Manhattan court, the public will learn more about additional payments designed to silence others from making embarrassing disclosures about the man who couldn’t keep his zipper up. It is alleged that Trump used National Inquirer executive David Pecker to “catch and kill” unfavourable stories about the candidate that could affect the presidential elections. One of those alleged payments, $150,000, was made to a former Playboy playmate. Karen McDougal alleged an affair with Trump, and was trying to publish her story. Pecker bought her limited lifetime rights—and buried the piece deeper than pirate gold. Pecker also made a payment to a doorman at the Trump Tower. The man was trying to sell a story alleging that Trump had an illegitimate child. Pecker wrote him a cheque for $30,000. According to District Attorney Alvin Bragg, Trump then instructed Cohen to repay AMI, the publisher of the National Inquirer, in cash. After consulting its lawyers, AMI did not accept the reimbursement. Much is being made of the fact that Trump will finally be held accountable for his actions. A chorus of commentators have claimed that Trump’s trial is a victory for the system, proof that everyone—even a former president—is not above the law. That is naive and breathlessly premature. Even if Trump were to be convicted, that view is wildly optimistic. It also completely misunderstands Trump’s methods, and his profound danger to American democracy. Even though he lost the 2020 election, Trump has managed to persuade millions of Americans that Joe Biden stole the election. According to a Washington Post-University of Maryland poll, 36 per cent of Americans believe Biden’s presidency is illegitimate. In other polls, that number skyrockets amongst Republicans who get their world view from Fox News. How did Trump make his Big Lie work? By convincing millions of voters that America’s electoral system is broken and corrupt. And he is doing exactly the same thing in his multiple court cases. The justice system, Trump claims, has been unleashed against him by corrupt Democrats. Judges and prosecutors who pretend to be officers of the court are really Biden political operatives. They are not pursuing justice, but carrying out a witch-hunt against Trump to prevent him from re-taking the White House. Bottom line? Even if Trump is convicted in the hush-money case, it won’t be the final word on whether or not the rule of law is still paramount in America. The real test of that reality will come in November, and Trump knows it. With Trump leading Biden in six of the seven swing states that could decide the election, it is a coin toss over who will win the presidency. If Trump can convince voters that the justice system is corrupt, the way he persuaded millions of Americans that he really won the 2020 election, they may give him a political pardon in November. Even if he is convicted in that New York courthouse. Should that happen, it will be Trump Rules, not the rule of law. For now, it is Trump’s character that is on trial. In a few months, it will be America’s. Michael Harris is an award-winning author and journalist. The Hill Times