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On a warm afternoon in Miami, the bright Florida sunshine spilling into a packed courtroom, Donald Trump stood arraigned on charges of incitement of insurrection. As we watched the proceedings unfold, we were struck by the complexity of the case against the former president and the sense of anticipation that filled the room.
Many wondered whether the case would even make it to court, given the complexities of litigating a sitting president. But the gravity of Trump’s actions, culminating in the deadly January 6th attack on the Capitol, ensured that the legal system would proceed.
As the judge read the charges to Trump, it became apparent that this was a case with a level of legal nuance that would take some time to fully unravel. The language of the charges included phrases like “intent to obstruct” and “recklessly disregarded,” which signaled that prosecutors were not merely accusing Trump of speech that was hurtful or divisive, but of actively seeking to undermine the rule of law.
Trump’s legal team, led by veteran defense attorney Alan Dershowitz, did their best to push back on these charges, but it was clear that the weight of the evidence against their client was significant. There were reams of internet posts, tweets, rallies, and speeches that he had given, all of which were being used to argue that he had, in fact, intended to incite violence on January 6th.
But what struck us most was the sense of surrealism that seemed to permeate the courtroom. Here was a former president, one of the most powerful people on the planet, sitting quietly and listening as his own words were used against him. And all around us, observers from across the political spectrum – lawyers, journalists, activists – were watching with rapt attention, as if the future of the country hinged on the outcome of this trial.
As the arraignment continued, we were struck by the sheer burstiness of the case. At times, it felt as though the courtroom was awash in a deluge of paradoxes and complexities. For instance, how could Trump plausibly claim that he had never intended to incite violence, when so many of his statements had been interpreted by his supporters as permission to commit violence? And how could he claim that the Capitol attack was not his doing, when his own words had literally become a rallying cry for those who carried out the assault?
Yet even amidst all this complexity, there were moments of striking clarity. One came when one of Trump’s defenders suggested that his speech was mere hyperbole, and that no one could have taken him seriously when he urged his followers to “fight” and “never give up.” To this, the prosecuting attorney replied with a simple analogy: “If I tell someone to jump off a bridge, and they do it, who’s responsible for their injuries?”
The courtroom was filled with a stunned silence, as if the full implications of this analogy were only just starting to hit home. The idea that Trump was somehow not responsible for the violence that had occurred on January 6th began to seem more and more absurd.
As the arraignment drew to a close, we were left with a sense of perplexity. How could one man have caused so much damage to the fabric of American democracy? And how could the legal system even begin to unpick the tangle of motivations and intentions that lay behind his actions?
Ultimately, we were left with a sense of hope. Hope that the rule of law was still robust enough to hold even the most powerful people accountable. Hope that, in a country as diverse and complex as the United States, justice could still be done. And hope that this trial would help hold up a mirror to the country and force it to confront some of the deeper issues that underpinned the violence of January 6th.
As we left the courtroom, we felt optimistic that this was just the start of a process of accountability for those who had sought to undermine democracy. It would be a long and complex journey, but one that would be worth taking if it meant preserving the values that so many of us hold dear.