By
Christian Schneider
Thursday,
August 17, 2023
In any
good mystery novel or short story, there is an item that will later reveal
itself to the reader as a clue they should have seen all along. A tidbit hiding
in plain sight that, in retrospect, is the key to solving the case. It could be
a surreptitious whisper by one of the suspects, the style of shoes they wore,
or an inconsistency about their whereabouts during the crime. (For instance, in
Arthur Conan Doyle’s “The Adventure of the Speckled Band,” do you wonder why
there is a bell cord in the victim’s room that isn’t attached to any bell? By
the end of the story, Sherlock Holmes makes it all clear.)
One
wouldn’t call Donald Trump a mystery, but when divining whether the former
president knew he was intentionally creating a conspiracy to overturn a U.S. election,
the evidence has always been there, plain as day.
As in
any good whodunit, the clues were buried in a torrent of misdirection. Of
course, picking out Trump statements that are truly shocking and noteworthy is
difficult to do in real time, as once he utters an absurdity, he moves on to
the next one before anyone can run to their computer to properly mock it. At
one time, he’s suggesting he is singularly qualified to handle Covid-19 because
he had an uncle who was a scientific genius.
Then he’s suggesting that people cure Covid by injecting
bleach. Or he’s
proposing firing a nuclear
weapon into a
hurricane and correcting the Weather Service’s hurricane-path projections with
a black Sharpie.
But
there he was, in Oshkosh, Wis., in August of 2020, declaring that he could lose the
presidential race in 2020 only if the election was “rigged.”
“We have
to win the election,” Trump told his supporters at the outdoor campaign event.
“We can’t play games. Go out and vote. Do those beautiful absentee ballots, or
just make sure your vote gets counted. Make sure because the only way we’re
going to lose this election is if the election is rigged.”
“Remember
that. It’s the only way we’re going to lose this election, so we have to be
very careful,” he said, adding, “The only way they’re going to win is that way.
And we can’t let that happen.”
Weeks
later, Trump was asked whether he would commit to the
peaceful transfer of power.
“Get rid
of the ballots,” he said, and there would be a “very peaceful . . .
continuation.”
“We want
to make sure the election is honest, and I’m not sure that it can be,” he later
said. “I don’t know that it can be with this whole situation — unsolicited
ballots. They’re unsolicited; millions being sent to everybody. And we’ll see.”
He is
talking, of course, about absentee ballots, a method of voting that spiked
during Covid-19 and that he himself
used.
These
statements flew by the public consciousness, as he continued to say outlandish
things that pulled our attention away. But there is absolutely no reason for a
president to tell people that the only way he is going to lose is if there is
fraud unless he is laying the groundwork to overturn the election. Presidential
candidates never talk about what happens if they lose — they simply deflect and
talk about what will happen when they win.
But by
citing the absentee ballots, Trump attempted to create the suspicion of
fraud before any existed, planting the pretext for his later claiming that
the election was stolen and the justification for trying to overturn the
results. And he had to start watering this poisonous vine before the election
so his followers could have time to mobilize to carry out the plan.
This
week, Trump’s preelection activities finally became part of the criminal
proceedings against him. In her very first
accusation against
Trump, Fulton County D.A. Fani Willis noted that four days before the election,
Trump had discussed with an unindicted co-conspirator a draft speech that
“falsely declared victory” and “falsely declared voter fraud.”
“The
speech was an overt act in furtherance of the conspiracy,” she concluded.
In other
words, chaos was the plan all along.
Contrast
Willis’s indictment with that of federal special counsel Jack Smith, which
supposes that Trump decided to engage in criminal activity the moment he saw
unfavorable vote counts. Smith’s indictment says, “Shortly after election day —
which fell on November 3, 2020 — the defendant (Trump) launched his criminal
scheme.”
But
clearly, Trump had been slow-roasting this plan for months, given his
statements well before Election Day. He had steeped his followers in the
vote-fraud hoax throughout the campaign, hoping they would rally to his defense
if he lost and complained about votes being stolen. Predictably, they did.
Many
legal experts have said Smith’s federal indictment is weakened by the fact that
in order to show Trump “lied” to animate his criminal conspiracy, prosecutors
must first show that Trump did, in fact, believe that he had lost. In this
respect, Trump’s defenders are relying on the George Costanza defense as articulated in Seinfeld:
“Just remember . . . it’s not a lie if you believe it.”
There
has been strong pushback to this argument, given that a sincere belief in a
falsehood does not entitle one to engage in a criminal activity. (Of course,
one does have a constitutionally protected right to lie, but those protections
do not allow one to lie in the act of committing fraud. There’s a new HBO
series about telemarketing scams in which the callers raise millions of dollars
by falsely telling people that they are raising money for police organizations
— those lies are criminal acts.)
But
Willis’s indictment clears the mens rea bar by showing that
Trump wasn’t simply reacting to election results he sincerely believed were
unfair — he was enacting a conspiracy he had planned well in advance of the
election. He spent months on the campaign trail priming his supporters for
operation Imaginary Voter Fraud, and, the day after the election, he lit the
fuse.
Prior to
the election, Trump knew the statements he would be making would be bogus. He didn’t
know what specific claims he would be making before he made them;
he just knew that he would one day claim voter fraud. And that the specific
details would all be determined at a later date.
And why
wouldn’t he run with this conspiracy? Trump has never been held accountable for
anything in his life. He knew that, if he was charged with a crime, he could
always run for president, say it’s politically motivated, and soak people to
pay for his legal defense.
In fact,
his current campaign is largely a scam, as it exists to raise money to cover his
legal bills. So
far, the PAC supporting Trump has spent $27 million — or 30 percent of all the
money it has raised — on Trump’s defense, which is just beginning. It is a
legal-defense fund with a candidate attached to it, not the other way around.
But now
America is treated to a leading presidential candidate who has to run his
campaign while out on bail in four jurisdictions, whose primary defense is that
he is just as ignorant and thickheaded as he believes his supporters to be.
While asking for another term in office, he is continuing to act as if he is
ignorant enough to believe every deranged, disproven election-fraud theory that
exists.
And if
he were to break character, it would ruin his defense. Thus, Trump must stay in
the role, as if he is a method actor playing a buffoon. He is Daniel
Day-Clueless.
That
Trump knows that his election claims are lies has been obvious all along. He
told us months in advance. We didn’t need Sherlock Holmes to piece this
together for us — but it remains to be seen whether a jury in D.C or Atlanta
will.
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