More than half a century ago, in 1966, the outcome of Miranda v. Arizona codified into law that criminal suspects must be informed of their legal rights when placed under arrest.
If you’ve seen any crime drama, you can probably recite them by heart: “You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to speak to an attorney and to have an attorney present during any questioning.” This is naturally meant to protect suspects against police intimidation, but it’s also a warning against incriminating oneself unnecessarily.
Former President Donald Trump has presumably been read his Miranda rights at least four times this year, once for every indictment he’s facing:
First, in March for charges related to a hush-money payment to a porn star; next in June on charges related to keeping classified documents at his home-office Mar-a-Lago; then on Aug. 1 for charges relating to the Jan. 6 insurrection; and finally on Aug. 14 for charges relating to efforts to overturn the 2020 presidential election. Trump denies all wrongdoing.
But if you know Trump like I do, you know that remaining silent is not one of his strong suits. In fact, it may just be his demise.
Trump has a preternatural, almost sociopathic inability to control himself — for years we’ve witnessed the former leader of the free world embark on deranged and unhinged rants on Twitter, now X, and his own social media site Truth Social.
But his lack of discipline is also what his supporters love about him — his freewheeling, pull-no-punches smackdowns have endeared him to millions of followers who don’t see this impolitic blurting as problematic, alarming and even self-destructive, but as just the kind of “tough talk” and “honesty” Americuh needs to own the libs, destroy the deep state and restore manhood to the monarchy – er, Republic.
Trump’s big mouth has undoubtedly helped him politically — he’s still the frontrunner for the Republican nomination. But it’s inarguably hurt everyone around him, including the dozens of other defendants in his cases; the convicted Trump supporters who stormed the Capitol under his direction; the RNC, which had been paying his legal bills; and the GOP, which lost the House, the Senate and the White House in no small part to Trump’s lack of self-control.
But especially as his legal cases mount, it seems Trump is even less willing to help himself by simply shutting the eff up. Despite warning after warning by judges and lawyers not to make inflammatory statements or talk to witnesses involved in his myriad cases, he keeps ignoring them, because, well, Trump’s gotta Trump.
Earlier this month, Trump vowed to continue talking about his criminal cases, even as prosecutors tried to stop him, lobbing insults at Special Counsel Jack Smith and insisting, “I will talk about it. They’re not taking away my First Amendment.”
His lawyers won at least one battle — but barely — after Trump pulled out of a planned press conference to unveil what he said was “Irrefutable & Overwhelming evidence of Election Fraud & Irregularities,” the day before he was set to be arraigned on charges in Georgia.
But there’s little doubt he’ll be able to resist talking — especially as his campaign for president moves through the election calendar and too many opportunities to blab, bitch and boast unfold in front of him.
He’s scheduled to appear at a rally with South Dakota Gov. Kristi Noem in just over a week, in fact.
And the 2024 calendar is full of important and intersecting events — various GOP primaries come up against numerous proposed trial dates.
The collision of legal and political — Trump’s indictments and Trump’s campaign — will be tricky if not impossible for him to navigate. Talking about his legal woes has become his entire platform, and insisting he’s a victim of the corrupt Justice Department, the judges, the Democrats, the RINOs, the media, the deep state and everyone else has been very profitable. He’s raised millions off of his indictments and mug shot, money he’s needed to pay his growing legal bills.
But talking about his legal woes is also the last thing his lawyers want him to do, lest he keep roiling judges and making incriminating statements. So how is he supposed to campaign for president if he can’t do the one thing he wants to, the one thing that’s raking in the cash, the one thing his supporters want to hear?
So the question is: Will Trump-the-Candidate imperil Trump-the-Defendant? Or will Trump-the-Defendant save Trump-the-Candidate? We’re about to find out.
S.E. Cupp is the host of “S.E. Cupp Unfiltered” on CNN.
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