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What Trump's scowling mugshot means for an America full of rage

By Jonathan Turley

Published August 26, 2023

Fox News
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Editor's note: This column is adapted from a column that was first published on the author's blog.

Lawyers often debate whether it is better for your client to smile or not smile in a mugshot. Some believe a smile conveys a lack of contrition while others view a frown as looking guilty. In the first mugshot of a former American president, Trump rejected both the "carefree smile" and the "disapproving frown" and went with a seething scowl. It is a mugshot that unfortunately will resonate with both extremes in our political system.

In Christopher Marlowe's Doctor Faustus, the devil Mephistopheles (Marlowe spells the name "Mephistophilis") shows him Helen of Troy, "the face who launched a thousand ships" that released a firestorm.

The Trump scowl is likely to launch millions of ships… all in the wrong directions.

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For Fulton County District Attorney Fani Willis and many of her supporters, the mugshot clearly holds a type of trophy kill appeal worthy of framing and mounting on a wall. This is one of those moments long portrayed on T-shirts and other merchandise for many on the left.

Donald Trump mugshot

Former President Donald Trumps mugshot. (Fulton County Sheriffs Office)

For many Trump supporters, it is a moment of gratuitous insult of a president who is now being prosecuted in four different states just before an election where he is the leading Republican candidate. For the most extreme, it will be portrayed as a virtual declaration of war, proof that the establishment will use every means to prevent another 2016 populist victory.

It is noteworthy that, like his critics, Trump is already selling merchandise with the mugshot and a "Never Surrender" slogan.

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In that way, the mugshot will be the rallying cry at both extremes in our political system.

For that reason, I believe the mugshot was a mistake, an inflammatory moment wisely avoided in New York by another Democratic prosecutor. It is entirely unnecessary for the most recognized face in the United States.

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The fact, however, is that many on both sides relish the rage. I have previously said that the most unnerving fact of what I have called "the age of rage" is that people secretly enjoy it. Rage is addictive. It allows people to say and do things that they would ordinarily avoid in public. It is a license to hate blindly and excuse all means to achieve an end.

I think that the Georgia, New York, and the federal January 6th indictments are unwarranted and threaten free speech. Moreover, it is valid for many to object that these prosecutions could have occurred years ago, but were launched just before the presidential election so that Trump will be running from court to court through the general election.

The most unnerving fact of what I have called "the age of rage" is that people secretly enjoy it. Rage is addictive. It allows people to say and do things that they would ordinarily avoid in public. It is a license to hate blindly and excuse all means to achieve an end.

It is also true that the Mar-a-Lago case is more serious and more substantive… and that threat is continuing to grow as a threat for Trump as witnesses change their testimony and Trump aides confirm key prosecution claims.

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Likewise, while I believe the case against Trump in the Georgia indictment is weak, there are defendants in that case that face stronger claims on specific election-related crimes.

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Of course, in an age of rage, reason is the first to die. We cannot allow that to happen; we cannot allow rage addicts to drive our political or legal processes. 

We have the greatest legal system in the world. We will sort out these issues from the criminalization of political speech to the claim that Trump can be barred from the ballot even without a charge or conviction.

Courts are likely to divide on these issues. However, we remain a nation of laws. That tradition takes a certain leap of faith. We do not support that system only when we prevail. That is the view of court packers like Sen. Elizabeth Warren, D-Mass. and Rep. Alexandria Ocasio-Cortez, D-N.,Y. Notably, Ocasio-Cortez even said that she does not understand why we need a Supreme Court.

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Even law professors and legal commentators have called our Constitution "trash" and called for the country to "reclaim America from constitutionalism." That is the greatest danger of these times: that our deep divisions will cause us to lose faith in our defining values and in each other. The Trump mugshot captures a defining moment for our country. It will define us going forward. 

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I believe that it is paramount that appellate courts consider the merits of the free speech and other challenges to the Georgia, New York, and federal cases. That may be difficult if judges support these prosecutors in demanding trials before constitutional appeals are taken. 

Appellate judges could agree, in good faith, that challenges are premature before any convictions.

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The important thing is for citizens not to be played as chumps. We will sort this out. The courts will address these important legal issues as citizens resolve the equally important political issues raised by these prosecutions.

The merchandising and madness aside, we have more matters to resolve… together.

CLICK HERE TO READ MORE FROM JONATHAN TURLEY

Jonathan Turley is a Fox News Media contributor and the Shapiro Professor of Public Interest Law at George Washington University.  

He is the author of the forthcoming "Rage and the Republic: The Unfinished Story of the American Revolution" on the 250th anniversary of the American Revolution.

He is a nationally recognized legal scholar who has written extensively in areas ranging from constitutional law to legal history to the Supreme Court. He has written over three dozen academic articles that have appeared in a variety of leading law journals.

Professor Turley also served as counsel in some of the most notable cases in the last two decades including the representation of whistleblowers, military personnel, former cabinet members, judges, members of Congress, and a wide range of other clients.

Professor Turley testified more than 50 times before the House and Senate on constitutional and statutory issues, including the Senate confirmation hearings of cabinet members and jurists such as Justice Neil Gorsuch. He also appeared as an expert witness in both the impeachment hearings of President Bill Clinton and Donald Trump.

Professor Turley received his B.A. at the University of Chicago and his J.D. at Northwestern. In 2008, he was given an honorary Doctorate of Law from John Marshall Law School for his contributions to civil liberties and the public interest. 

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