Marshal

• In a series of social media posts, the former president personally attacked the daughter of the judge presiding over his criminal trial in New York state.
• In response, Trump has reportedly filed a lawsuit directly against the judge, though the exact claims remain under seal with the court.
• Trump’s attacks on Merchan and his daughter are just the latest in his long effort to undermine the rule of law.

Trump’s playbook

• To do this, Trump has been following a fairly consistent playbook in his attacks on the judges, court staff, witnesses and opposing lawyers involved in his many civil and criminal trials.
• First, he attacks those whom he claims are his political enemies, alleging that the various lawsuits and criminal charges brought against him are politically motivated and a form of election interference.
• This allows him to frame the cases in a politically advantageous way by portraying himself as the victim, seeking the support and sympathy of his electoral base.
• They also violate the ethical standards that all previous presidents have followed when discussing court decisions in public.

Trump’s attacks undermine the rule of law

• In addition to putting the judges overseeing Trump’s many trials between a rock and a hard place, Trump’s attacks on judges, lawyers, court staff and witnesses also undermine the public’s faith in the rule of law and judicial institutions.
• First, the judicial branch depends upon faith in the rule of law to ensure the public respects, and follows, its decisions.
• In turn, people may be more likely to defy judicial decisions and less likely to cooperate with law enforcement.

Trump’s attacks put people at risk

• Another serious consequence of Trump’s personal attacks on judges and their families, lawyers and court personnel is that it puts those people’s safety at risk.
• Marshals Service, which is charged with protecting judges and their staff, the number of credible threats against court personnel is at an all-time high.
• If these attacks continue, I believe they are likely to further undermine the justice system, and American democracy itself.

Paul M. Collins Jr. does not work for, consult, own shares in or receive funding from any company or organization that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.