4 min read

Jackie Sartoris
Jackie Sartoris
More than 20 years ago, the nation was riveted by the slow-motion chase of a white Bronco and the trial that followed. The evidence that O.J. Simpson allegedly brutally murdered his former wife and her friend remains overwhelming, but questionable police work, risky prosecutorial choices, the nascent science of DNA testing, our nation’s unaddressed history of racism, all helped Simpson to go free. But most important was Simpson’s defense strategy. The strategy? Put law enforcement on trial.

Despite one bloody glove at the scene and the other at Simpson’s home and ample DNA evidence, every shred of police work became fodder for attack. Were the Los Angeles detectives racists who set Simpson up? Why didn’t the police wait for a warrant that night? Why was evidence handled without documentation? Why were law enforcement mistakes covered up rather than acknowledged? The defense successfully shifted the subject from Simpson to law enforcement, raising the bar for evidence to be considered credible.

Simpson’s eventual acquittal both stunned and delineated a racial divide that endures. The legacy of his murder trial lives on. Law enforcement practices, particularly evidence handling and prosecutorial strategies, improved in Los Angeles after the humiliating defeat. For defense attorneys, Simpson’s acquittal validated the strategy of attacking the competence, integrity, and credibility of law enforcement. It’s a good strategy, particularly if the client is as guilty as Simpson surely seemed.

Which helps explain our current moment. For months, Trump and his team of attorneys have ramped up criticism and taken increasing actions against the investigation of Trump’s Russian ties. Early on, these actions were accompanied by potentially plausible explanations, even when the rationale for ultimately firing former FBI Director James Comey did involve a little whiplash, given Trump’s public gratitude for Comey’s October 2016 letter, then subsequent claim that that letter caused Comey’s firing. But as the investigation continues, as each request from the Mueller team has been granted by the overseeing court, as Trump’s associates and allies have been pulled in to answer questions, as the stakes get higher, team Trump’s strategy has narrowed: Attack the competence, integrity, and credibility of law enforcement.

Special Counsel Robert Mueller is a former FBI Director appointed by President George W. Bush and reappointed by President Barack Obama. He’s a Republican and a war hero. It would seem a heavy lift to go after Mueller or his integrity. But credible reports say that Trump came close to firing Mueller over the summer, and that he is contemplating firing Mueller’s appointer, Rod Rosenstein, Deputy Attorney General at the Department of Justice. For the moment, Trump focuses his attacks on law enforcement institutions themselves. Last week, he labeled the Justice Department and F.B.I. “disgraceful” entities that “should be ashamed.” The month before he claimed the F.B.I’s reputation is “the worst in history.” Last week, he claimed a brief — and surprisingly dull — memo from Devin Nunes, Chair of the House Intelligence Committee investigating the Russian matter for Congress, “totally vindicates” him. If that sounds familiar, it’s because Trump tweeted that he got “total and complete vindication” by James Comey’s testimony to Congress, last June, after Trump fired him.

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Of course, none of this is true. Unless your news source is Fox News, Trump’s inability to not lie is well-documented. The investigation continues, clearly to Trump’s consternation, and it seems more likely than not that there are serious charges to come.

But, remember, the strategy is not to show Trump’s innocence — likely an impossible task. It’s to sow distrust and confusion. And it’s working. From being the “law and order” party, Republicans now express skepticism about our nation’s law enforcement agencies, with just 38 percent holding a positive view of the F.B.I., according to a recent survey, in contrast with the 64 percent of Democrats holding such views. Congressional Republicans, once staunch supporters of federal law enforcement, turn on anything and anyone that does not support Trump’s claim that he is being railroaded.

The O.J. result rested on genuine mistakes and claimed bias within the Los Angeles police department. The Trump effort rests on persuading enough Americans that our federal law enforcement institutions are corrupt or untrustworthy.

Proving that Trump defied the law is one thing. Proving that he is undermining our democracy by attacking our institutions couldn’t be clearer. At this rate, Trump won’t need to act against Mueller. If Republicans continue to follow his lead as he tears down our democratic institutions, he and O.J. will have more than celebrity in common.

Jackie Sartoris is a former Brunswick Town Councilor.


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