Colorado Politics

Trump shouldn’t take coward’s way out at trial | BRAUCHLER

George Brauchler

Donald Trump must testify. And the trial must be televised. In the Washington, D.C., trial of allegations that Trump conspired to overturn the 2020 Presidential election through fraud – conduct touching upon the Jan. 6 siege of our U.S. Capitol – the former POTUS must testify in his defense. Under oath. Streamed throughout America.

It is not a close call.

Of course, like everyone accused of a crime in America, Trump enjoys a Fifth Amendment right to remain silent (he hates that one) and not to be compelled to give testimony against himself. But taking the Fifth is the coward’s way out – and Trump’s tough guy persona cannot survive the perception that he is hiding behind his attorneys.

By the way, Trump is innocent. Just ask him.

The case is the attempted political assassination of President Biden’s past and (likely) future rival by Biden’s hand-picked prosecutor. These are the clear, unqualified claims of his attorneys, supporters, and the man in the dock himself, DJT. Those are out-of-court statements. They are easy and riskless. That is not good enough for former president.

And innocent people do not need the protections of the Fifth Amendment. Just ask him.

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Since his invocation of the Fifth Amendment 97 times during his 1990 divorce from Ivana, Trump has boldy and repeatedly espoused what most Americans think: the innocent have no need for the Fifth Amendment.

In 1998, Trump said of Bill Clinton’s impeachment investigation, “[i]t’s a terrible thing for a president to take the Fifth Amendment …” Trump was right. The American military he led as commander in chief needs to see the steely resolve that characterized his engagements with our near peer competitors, China and Russia.

In 2014, Trump’s tweeted unsolicited advice to Bill Cosby facing sexual assault allegations was “if you are innocent, do not remain silent. You look guilty as hell!” Trump was right again. His millions of MAGA devotees expect in court that he will stand by his public statements about his innocence and stand up to his “deranged” accuser, Jack Smith.

In 2016, in speaking of the investigation of Hillary Clinton’s handling of classified documents (sound familiar?), Trump observed “[y]ou see the Mob takes the Fifth. If you’re innocent, why are you taking the Fifth Amendment?” It is a fair question, and one that resonated with those who elected Trump to the presidency, including some who chanted “lock her up” at various rallies.

But the former president seems to be backsliding on his beliefs. Almost exactly one year ago, when confronted with a mere civil action by the Trump-targeting New York attorney general, Trump used Truth Social to announce:

“When your family, your company, and all the people in your orbit have become the targets of an unfounded, politically motivated Witch Hunt supported by lawyers, prosecutors, and the Fake News Media, you have no choice.”

Here, Trump is wrong. He does have a choice. It is precisely during a political witch hunt trying to convict and incarcerate an innocent man and would-be POTUS on unfounded charges that a man of Trump’s character must testify.

Trump is smarter than a deranged prosecutor. Trump possesses the truth. America deserves to see that truth tested in a court of law – and simultaneously viewable by all Americans.

The federal courts long have refused to grant the public video-recorded access to their proceedings for reasons that defy principles of transparency, accountability, and modernity. This case – more than any other single federal case in memory – commands a departure from the antiquated court rules. Reporters, pundits, transcripts and sketch artists can only give their skewed impressions of an event America must judge for itself.

Any outcome hidden from every interested voter will be questioned, doubted and the source of more conspiracy theories that will haunt us for a generation. Or more. No, we must have this trial streamed, and Trump must have the courage to take an oath, take Jack Smith’s questions, look the jurors in the eye – look us in the eye – and speak his truth.

Any defense attorney worth their law license would advise against it, but that is advice for someone who puts their own individual self-interest ahead of America’s – like any run-of-the-mill criminal defendant. That case is bigger than Trump and he knows it. The judge knows it. We know it.

There is no good outcome to this trial, whether it be conviction or acquittal. But if Americans can witness the proceedings, hear and see the evidence, and judge Donald Trump’s testimony for themselves – maybe, just maybe, we can more quickly move past what has quickly become one of the unsightliest blemishes in the history of our government.

The court’s perceived integrity and impartiality will be judged by the decision whether to permit maximum transparency.

DJT will be judged by his decision: whether to protect himself or put America first. Is Donald Trump a courageous champion of the truth who loves our country more than himself, or just another moblike defendant who looks guilty as hell?

George Brauchler is the former district attorney for the 18th Judicial District. He also is an Owens Early Criminal Justice Fellow at the Common Sense Institute and president of the Advance Colorado Academy, which identifies, trains and connects conservative leaders in Colorado. He hosts “The George Brauchler Show” on 710KNUS Monday through Friday from 6 a.m. to 10 a.m. Follow him on Twitter: @GeorgeBrauchler.

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