Yesterday, I wrote about how Trump is getting himself into a lot of unnecessary added trouble, by talking when he should be following his Constitutional right to remain silent. I should have added a codicil – y’know, you really don’t have to sue everyone whenever you feel slighted. Because sometimes, you can get yourself into a lot of unnecessary added trouble. I have an periodic exchange with people whenever I say “I don’t know what they’re thinking...” when describing some insanity that the Republican Party has just done – or that Trump did. Often, the other person comes back to explain what they believe Trump or the Republicans meant, even if (they often note) the explanation doesn’t make much sense. What I then have to always come back with is that, yes, I know all that, but when I said, "I don’t know what they’re thinking," I meant in a sane world. I also add that I have long-since given up trying to figure out what Trump is thinking. So, for anyone trying is an effort in futility. Which bring us to Trump yesterday suing E. Jean Carroll for defamation because she’s still saying he raped her, and the court said he didn’t, just that he was liable for “sexually abusing” her and had to pay $5 million. I don’t know what he’s thinking. Especially since he has supposedly-real attorneys who know how insane this is. And when I say that I don’t know what he’s thinking, I may actually include “in an insane” world, as well. Because I think people who try to be Trump Whisperer’s and explain his lunatic actions might be stumped here. Okay, yes, you can explain most anything. “I think he wants to be in the news no matter what.” “I think he just wants to get back at her.” “I think he believes that because he has the legal right to sue her, he should. “I think he thinks he’s right and sees this as a way to get his $5 million back.” But all that is nuts. And I’m still hard-pressed to figure out what he – and his lawyers, who risk being sanctioned for filing a frivolous lawsuit – are seriously thinking. After all, the issue isn’t just that Trump has to prove he was “defamed” by someone saying he raped her, when a jury found him liable for sexually assaulting E. Jean Carroll and awarded her $5 million (with the added hurdle that his first wife claimed he maritally raped her, and he didn’t sue her), but more importantly, he has to show damages. Given that Trump’s poll numbers have gone up in the Republican Party after the Carroll verdict and since her subsequent claims, that doesn’t suggest he has been hurt much at all. Also, it’s important to keep in mind that the jury didn’t determine that Trump did not rape E. Jean Carroll, it said that her lawyer was unable to prove their charge that he did – though the jury did vote that he sexually assaulted her, and awarded her $5 million. Here’s why this lawsuit is so insane for Trump, which makes it all the more difficult to figure out what he is thinking, even if you wander over to Insane World and bend so far over backwards that you can touch your nose to the ground. There are four outcomes that I think are the only legitimate ones that will happen. And all are terrible for Trump. In order of least problematic for Trump to the worst – 1. The suit gets thrown out of court and isn’t even heard, totally embarrassing Trump by having the court say “You have absolutely no basis to sue because you weren’t defamed or hurt by E. Jean Carroll saying you raped her.” (Imagine not being defamed or hurt because someone said you raped her!!”) 2. The suit gets thrown out of court and isn’t heard – and Trump’s lawyers get sanctioned for filing a frivolous lawsuit, embarrassing Trump even more, because the court not only says he wasn’t defamed by being called a rapist, but his even trying to sue for this is considered frivolous. (Imagine your being upset at having been called a rapist referred to as frivolous!!) 3. The case is heard in court, and Trump wins, and is awarded $1,000 – or even less, perhaps just $1, which shows the world how very little he was defamed. That’s a victory of semantics. And a massive loss of stature. (Imagine a court ruling you weren’t hurt very much at all by someone saying you raped her.) 4. The case is heard in court, and Trump loses. Which is a jury saying, “No, you weren’t defamed when she keeps saying you raped her.” And he must pay her court costs on top of all that. (Yes, there’s a fifth possibility that he could win and be awarded as much as $1 million or even up to $5 million, but not only does that not count because, no, that’s not going to happen realistically – and anything less doesn’t come close to compensating him for his existing penalty of $5 million -- but it’s the fevered dream thinking that this might happen which is causing the other four almost-certain outcomes to raise their ugly heads and devour Trump. And worse, on top of all this, whatever happens: just what a presidential candidate wants – to be back in court arguing rape, for a case where he was already found liable for sexual assault… while he’s on trial for espionage and indicted for fraud, and is likely facing two additional indictments for obstruction of a federal election and inciting an Insurrection to overthrow the government. And what does Trump do? He sues. You have the right to remain silent works here, too, y’know...
1 Comment
Roy H
6/29/2023 07:54:21 am
He has the right, but not the ability, to remain silent.
Reply
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AuthorRobert J. Elisberg is a political commentator, screenwriter, novelist, tech writer and also some other things that I just tend to keep forgetting. Feedspot Badge of Honor
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