(CNN) Donald Trump always says and does what he wants when he wants in a chaotic business and political life that has defied all efforts to control him.
But on Tuesday, the former president will be subject to the timetable and authority of another person, amid growing signs that the legal system may represent a source of accountability even if Trump is unable to float.
Trump is due to appear via remote video at a hearing where a judge will explain the limits on what he can say about business records and the hush money case in Manhattan in which he became the first former president to be indicted. criminal earlier this spring. His appearance, in a case in which he pleaded not guilty, was largely procedural. But it’s one of the first of what could be many times Trump is forced to appear in court if he wants to advance his bid for a third Republican nomination — or do anything else.
Tuesday’s hearing will heighten the unusual spectacle of a former president bidding for a non-consecutive second term while fighting a legal investigation. It will highlight one of the unknowns of the fast-paced GOP primary — the extent to which major legal problems can drain time, energy and focus from his campaign. Trump’s virtual court date also comes as the GOP race kicks into high gear, with South Carolina Sen. Tim Scott jumped on Monday and Florida Gov. Ron DeSantis is expected to formally announce his bid for the White House within days.
And things will get even more complicated for Trump.
A new CNN report reveals the extent of special counsel Jack Smith’s intrusion into Trump’s inner circle as he investigates the former president’s stash of classified documents at his Mar-a-Lago resort. Multiple sources familiar with the notes taken by a Trump lawyer and turned over to investigators said Trump asked if he could fend off the Justice Department’s efforts to recover classified documents he had leaked. -his. The notes help inform his actions and thinking as Smith investigates potential Espionage Act violations and obstruction.
On the other hand, two sources familiar with the investigation said that prosecutors with the special counsel’s office subpoenaed the Trump Organization for information about business deals with foreign countries. One of the sources suggested that investigators seem to be focused on the former president’s dealings with countries that may be interested in the types of classified materials obtained from Mar-a-Lago after he left office. The Trump Organization did not respond to CNN’s request for comment and it was unclear when the subpoena was issued. Its existence was first reported by the New York Times.
It remains unclear how all the new revelations about the classified documents fit into an investigation of unknown breadth that has unfolded largely out of public view. But there are growing signs that Smith is nearing the end of his investigation.
Trump’s long-standing tendency to resist even legal attempts to stop him was in evidence on another front Monday after his recent unrepentant behavior appeared even more legally exposed. Former magazine writer E. Jean Carroll, who this month won $5 million in damages from Trump over her civil sex abuse and defamation lawsuit, asked a judge to amend a separate defamation lawsuit against him so he can seek more damages after he insulted him at a CNN town hall in New Hampshire on May 10.
Legal chaos
Trump’s habit of digging himself deeper into trouble with his unbridled rhetoric comes amid fresh signs of discord among his legal team. In an interview with CNN’s Paula Reid on Saturday, one of his former lawyers, Timothy Parlatore, said he left because some members of Trump’s inner circle made the task of defending their boss more difficult. harder than necessary. Parlatore specifically named former president Boris Epshteyn’s longtime aide. Trump’s spokeswoman said such claims were “untrue.”
As if this stack of legal problems weren’t enough, Trump is still waiting to hear whether he will be charged by a district attorney in Georgia for his efforts to overturn President Joe Biden’s victory in the general election in swing state in 2020. And Smith will also investigate Trump’s behavior in the attack on the congressional mob of his supporters on January 6, 2021.
There is little evidence so far that Trump voters care about his growing legal headaches. In fact, his indictment in the Manhattan case coincided with a rise in his primary poll numbers. And his Republican opponents have made only the sharpest criticisms of his situation — a sign that they are aware of the political risk of attacking a front-runner who has made claims of harassment. politics at the center of his new bid for the White House.
However, if Trump’s court imbroglios worsen, it raises the question of whether he can balance multiple court appearances, depositions and even trials with a full campaign schedule. Any sense of chaos could play into the arguments of candidates like DeSantis that he can offer many of the ideological qualities of “Make America Great Again” conservatism without the drama and chaos that has so often hindered Trump’s capacity to implement his ideas while in office. And if the former president wins the GOP nomination, the magnitude of a presidential candidate’s appearance in court — potentially in several different investigations — could once again alienate critical swing voters. turned against the Republicans in recent elections.
Trump has not been found guilty of any charges and has the right to the presumption of innocence like any other citizen. Carroll’s case, in which he was found responsible for sexual abuse, is a civil action and not a criminal one. Yet the weight of the legal uncertainty surrounding Trump suggests that the 2024 campaign has the potential to be a toxic ride that will further strain the judicial and political institutions he has reached. at the limit.
Trump will face new restrictions after Tuesday’s hearing
The judge presiding over the hush money case in New York is expected to tell the former president on Tuesday what he can and cannot say publicly about the criminal case against him. Trump has been accused of falsifying business records in connection with payments made during the 2016 campaign to adult film star Stormy Daniels, who alleged an affair that Trump denies.
Judge Juan Merchan has signed a protective order prohibiting the sharing of evidence received by the defense from the prosecution on social media platforms including Truth Social, Facebook, Instagram, WhatsApp, Twitter, Snapchat or YouTube, without prior permission from the court.
The hearing comes after Trump repeatedly made disparaging comments and posts on social media about Manhattan District Attorney Alvin Bragg, potential witnesses and the judge. There is no gag order in place and the restrictions specifically refer to the discussion and dissemination of evidence his legal team will obtain from prosecutors in preparation for trial.
But Trump’s lawyers have argued that the protective order violates his First Amendment rights. And the fact that he is running for president and is willing to use every step of his legal battles means that this case will be very deep in the political arena.
Also on Tuesday, the parties in the case could set a trial date – another potential development that could further fuel the political intrigue. Merchan previously instructed them to seek a start date of February or March 2024. Such a timetable would create the unfathomable prospect of a presidential candidate facing criminal trial at the height of the primary season. . There is no doubt that Trump will seek to turn the test into a political platform at a critical stage of the campaign, but it could also hamper his capacity to land critical states.
And it’s a surprising storyline even by the former president’s unlikely standards.
