The MAGA collective has shifted its scope from trying to delegitimize elections to trying to delegitimize the judicial system, from disparaging election officials to disparaging jurors. Like other fascist movements, the MAGA cult seeks to undermine any organization or person that resists its authoritarian leader.
“We are living in the midst of a massive, coordinated attempt to delegitimize and discredit our democratic institutions, especially our elections and judicial systems. Judges, prosecutors and courts are prime targets wherever authoritarianism seeks to take hold,” historian Ruth Ben-Ghiat explained after the verdict. Authoritarianism “is the transformation of the rule of law into the rule of lawlessness.” Some MAGA voices implicitly targeted Judge Juan Merchan and the jury.
Trump, during his tantrum at Trump Tower on Friday, apparently took a direct shot at Marchan, saying, “The witnesses on our side have literally been crucified by this man who looks like an angel but is actually the devil.”
Trump then delivered a 40-minute speech that was disorganized, incoherent, rambling, and frantic, continuing his “spurt” of lies. Rolling Stone magazine summed up this “post-conviction debacle” as “a stream-of-consciousness list of grievances, from the trial itself to his troubles with the January 6th Committee to the border situation.” The refusal of the mainstream media to even question Trump’s mental and emotional well-being after such a turn of events is evidence of gross journalistic misconduct.
The Biden campaign’s statement mocked a “confused, desperate and defeated Donald Trump” rambling on about “his personal grievances and lies about the American justice system.” The campaign argued that “anyone watching this video should come to the obvious conclusion that this man cannot be president of the United States.” The campaign highlighted Trump’s downfall, saying, “Distraught over his 2020 election loss and criminal conviction, Trump is consumed by a thirst for revenge and retribution.”
Late Friday, Biden addressed the guilty verdict personally. “This was a state trial, not a federal trial, and it was heard by a jury of 12 citizens, 12 Americans, 12 people like you,” he explained. “Like the millions of Americans who served on juries, this jury was selected just like any other jury in America,” Biden added. He added that after five weeks of evidence and “careful deliberation,” the jury unanimously found Trump guilty of all 34 felony counts.
Biden, who swore an oath to uphold the rule of law as the nation’s chief executive, defended the rule of law and the jury system. Biden declared, “It is reckless, dangerous and irresponsible to say there was fraud just because you don’t like the verdict,” and concluded, “Our justice system has been in existence for nearly 250 years and is literally the foundation of America. Our justice system must be respected and we must not allow anyone to destroy it.”
Biden would be wise to reiterate that message every day leading up to the election and to Trump’s face in the debates, while Democrats must condemn the MAGA movement’s coordinated attacks on the rule of law.
Judges are not immune to criticism for ethical failings, intellectual inconsistencies, or poor legal interpretations. Americans have every right to complain about decisions or to raise grounds for appeal. And prosecutorial decisions (to indict or not to indict) are fair game. but, “Making false accusations of corruption, politicization and misconduct against a judge, or even worse, attacking a 12-member jury, is outrageous. Such denial of justice is as threatening to our democracy as the denial of elections or incitement to political violence.”
The nation’s top prosecutor, Attorney General Merrick Garland, should also condemn those who slander judges and jurors. He has previously defended the FBI against MAGA threats and slander. Judges and jurors should respond just as forcefully to MAGA slander.
Lawyers (including members of parliament) — Admitted to practise as lawyers Court official Those who undermine the rule of law should be subject to swift and severe professional disciplinary action. Paul Grimm, a retired U.S. District Judge, wrote last year that “inaccurate, unfair and unjustified attacks on judges, if allowed to continue, will undermine public perceptions of the integrity and impartiality of the targeted judges and the judiciary as a whole, and will undermine confidence in the judicial system.” He continued, “Who will protect judges and the judiciary? The answer is clear: the legal profession must now protect them with a renewed sense of urgency.”
Just as several of Trump’s lawyers were disciplined for denying the election, so should those who spread inflammatory lies about judges and jurors. John Eastman was disbarred for appearing on Stephen K. Bannon’s “War Room” and spreading false claims about the election, “demonstrating a disregard for the truth and an intent to mislead the public.” If lying to the public and undermining an election merits professional discipline, so too does slandering judges and jurors. (Similarly, a law professor who slanders judges and jurors, or worse, suggests retaliatory prosecution, would be disqualified from teaching.)
Not only the legal profession, but all citizens should protect judges and juries from inflammatory lies and intimidation. As Ben-Ghiat stated, democracies must “reserve the power to convict instigators of crimes, thereby indirectly acting as guardians of public safety, morals, and national security.” And voters must reject felons who use political parties to wage war against the rule of law.
