The Struggle for the Soul of America: The Downfall of Donald J. Trump

As we begin 2023, the future holds many uncertainties for Donald J. Trump. While no one knows his fate for certain, here’s how I see what’s coming for the former president and America’s number one grifter.

Donald Trump will be indicted before this coming summer. In my view, Special Counsel Jack Smith was hired by Attorney General Merrick Garland to prosecute the case against Trump, not to close it. Garland believed that putting Smith, someone outside the Justice Department, in charge of the case would make the prosecution less political. Whether that turns out to be the case remains to be seen and, in fact, may be irrelevant at this point.

Just this past week, Smith hired two seasoned attorneys who “have prosecuted some of the most high-profile public corruption targets of both political parties in recent years.”[1] Those targets included former Virginia Republican Gov. Bob McDonnell, current New Jersey Democratic Sen. Bob Menendez and former presidential candidate Democratic Sen. John Edwards.

If Smith thought that the DOJ didn’t have the evidence to indict Trump, he wouldn’t now be hiring prosecutors experienced in handling complex public corruption cases. As a former New Mexico Department of Education prosecuting attorney, I know that prosecutors do not bring charges unless they are convinced that they have the evidence needed to convict. That would be especially true in the case of a former president.

Last November two reports by veteran prosecutors and top legal experts analyzed two criminal investigations into Trump. One involved Trump’s solicitation to commit election fraud including a call to Georgia’s Secretary of State Brad Raffensperger asking him to “find” 11,780 votes. In total, that report finds at least 11 charges that could be filed against Trump resulting from his efforts in Georgia. The other report explored the mishandling of sensitive government documents at Mar-a-Lago. Both reports concluded that “there is enough evidence to bring charges against the former president.”[2]

As a result, I believe Trump will be tried and convicted by the end of this year. His trial cannot be allowed to cloud the 2024 presidential primary season.

It’s difficult to predict the sentence Trump will receive for his crimes. A friend of mine recently suggested Trump would be placed under house arrest but would not have to serve any jail time. That would be letting Trump off way too easy for attempting to overthrow our government. I don’t believe a federal judge would be so lenient for such appalling crimes, especially by a former president. At the least, Trump will receive a multi-year suspended sentence, which would put him on strict probation, though I feel he should spend the rest of his life behind bars.

Whatever the sentence, Trump is sure to appeal. Ultimately, his fate will lie in the hands of the Supreme Court, ironically including the three justices he appointed to the Court. I’m thinking that at least five justices will have the decency and integrity to uphold his conviction and sentence.

Finally, there’s Trump’s 2024 presidential campaign. Assuming he is convicted, Trump’s sentence must include invoking the 14th Amendment provision preventing any person from ever again holding public office who having previously “taken an oath…as an officer of the United States… to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof.”[3]

On the other hand, if Trump somehow avoids prosecution or is found not guilty, he still will not be elected president in 2024. The results of the 2020 and 2022 elections clearly demonstrated that Trump and his handpicked candidates are losers. The Republican Party hates losers. Trump’s base is shrinking[4] and will continue to do so as more and more evidence of his misdeeds are revealed to the public during his likely unprecedented nationally televised trial.

In any event, Trump’s days are numbered.

Bruce Berlin, J.D.

P.S. I want to take this opportunity to again thank my partner, Margaret Lubalin, for another year of suburb editing of my blog. She’s the best.

A retired, public sector ethics attorney, Berlin is the author of Breaking Big Money’s Grip on America (See breakingbigmoneysgrip.com.), the founder of New Mexicans for Money Out of Politics, a former U.S. Institute of Peace fellow, and the founder and former executive director of The Trinity Forum for International Security and Conflict Resolution. He can be reached at breakingbigmoneysgrip@gmail.com.

Subscribe to this blog at https://breakingbigmoneysgrip.com/my-blog-3/. Join the movement to revive our democracy. Together we can save the soul of America.


[1] https://www.bloomberg.com/news/articles/2023-01-06/special-counsel-jack-smith-hires-anti-corruption-prosecutors-in-trump-probe

[2] https://thehill.com/regulation/national-security/3742386-for-experts-the-evidence-in-two-probes-compels-charging-trump/

[3] https://www.businessinsider.com/how-the-14th-amendment-could-prevent-trump-from-office-2021-2

[4] https://www.usatoday.com/story/news/politics/2022/12/13/trump-support-gop-2024-presidential-race-poll/10882346002/

The Struggle for the Soul of America: Democratic Turning Point Offers New Hope

Though the Democrats lost their House majority in the midterms, they gained much more in a variety of ways. In fact, as the 2024 elections come closer, I expect that their losing control of the House will likely strengthen the party’s resolve and prove a boon to its prospects of winning two years from now.

In addition to holding onto the Senate majority, here’s some other benefits the Dems reaped from the midterms. The November elections further cemented young voters support for the Democratic Party. The youth vote (18-to-29-year-olds) favored Democratic House candidates by 28 points over Republican candidates. While that’s about the same as in 2020, it’s considerably better than in 2016 when youth voters turned out for Democratic House candidates by 16 points over Republican candidates and by only a 12-point margin in 2014.[1]

Youth turnout in this election was the second highest in the last thirty years.[2] Given their 28-pont youth advantage and the fact that voters tend to stick with whichever political party they initially register with for years to come,[3] the Democrats’ future does appear bright.

At the same time, the recent election increased the Democrats’ standing among women voters as well. According to Elaine Kamarck, an expert on American electoral politics at the Brookings Institution, suburban women showed up en masse to help fuel Democrats’ better-than-expected showing. She noted that while women comprise 52% of the U.S. population, they accounted for 55% of the last presidential electoral vote.[4] Clearly, another good omen for Dems going into the 2024 election.

While this year’s voter turnout did not match the 2018 midterm record, it’s “on track to easily surpass other recent midterms.” And, in a number of battleground states, many of which the Democrats won, turnout exceeded 2018.[5] Again, a positive sign for the Dems since the greater the turnout, the more likely that they will win.

On the other hand, Republicans made gains among voters of color, though not to the degree previously predicted. Compared to the 2018 midterms, Hispanic and Asian support for the GOP jumped 10 and 17 points respectively, while Black voters shifted about 4 points to the right. Still, Democrats won the majority among Black, Hispanic and Asian and Pacific Islander voters in the 2022 midterms.[6]

In spite of the Republican takeover of the House and their gains with voters of color, Democrats have good reason for optimism besides what’s already been noted above. In just the last few days, a new generational team has arisen to takeover for Nancy Pelosi and her octogenarian squad. For the first time ever, a Black man, 52-year-old, Hakeem Jeffries (D-NY) will lead them. Katherine Clark (D-MA), a 59-year-old progressive, will be second in command. And, 43-year-old Peter Aguilar (D-CA), the highest-ranking Hispanic in Congress, will round out the new leadership team.[7] Among them, they cover just about all the critical constituencies Democrats need to energize in 2024: Blacks, Hispanics, women and youth.

Yet, thanks to the Republicans, there’s one more factor that will give the Dems momentum moving forward. The House Republicans have already signaled that they intend to focus on investigating, and even impeaching, President Biden, Attorney General Garland and others administration officials. Rather than providing an alternative policy agenda to the Democrats’ program, they will be spending precious taxpayers’ dollars and lots of Congress’s time on digging up dirt on the Biden administration that will go nowhere since the Dems will still control the Senate.

The 2024 electorate will then have a very clear choice. Will they vote for a far-right Republican Party seeking to cut Social Security and Medicare,[8] and eliminate a woman’s right to choose?[9] Or will they support the Democrats who enacted major legislation for the American people on infrastructure, veterans’ aid, manufacturing, climate change, prescription drug costs and more in the last two years?[10] And, but for the new GOP, obstructionist House majority, they would have continued to do so after 2022.

Which would you choose? I’m betting voters will go with the Dems, the party that still believes in democracy and supporting all Americans, not just the very wealthy and big business.

Bruce Berlin

A retired, public sector ethics attorney, Berlin is the author of Breaking Big Money’s Grip on America (See breakingbigmoneysgrip.com.), the founder of New Mexicans for Money Out of Politics, a former U.S. Institute of Peace fellow, and the founder and former executive director of The Trinity Forum for International Security and Conflict Resolution. He can be reached at breakingbigmoneysgrip@gmail.com.

Subscribe to this blog at https://breakingbigmoneysgrip.com/my-blog-3/. Join the movement to revive our democracy. Together we can save the soul of America.


[1] https://abcnews.go.com/Politics/youth-voters-independents-boosted-democrats-midterm-exit-polls/story?id=92993573

[2] https://thehill.com/changing-america/respect/diversity-inclusion/3730922-researchers-say-2022-election-had-second-highest-young-voter-turnout-in-last-30-years/

[3] https://slate.com/business/2010/12/why-do-voters-tend-to-stick-with-whatever-political-party-they-join-when-they-turn-18.html

[4] https://www.usatoday.com/story/news/nation/2022/11/09/2022-midterms-women-and-suburban-voters-help-democrats-avoid-disaster/8318080001/

[5] https://www.washingtonpost.com/politics/interactive/2022/voter-turnout-2022-by-state/

[6] https://www.politico.com/news/2022/11/13/latino-voters-midterm-elections-republicans-00066618

[7] https://www.axios.com/2022/11/17/congress-house-democrats-minority-leaders-plan

[8] https://www.nytimes.com/2022/11/02/us/politics/republicans-social-security-medicare.html

[9] https://www.theguardian.com/commentisfree/2022/sep/15/republicans-wont-stop-until-abortion-is-banned-across-america-and-it-could-be

[10] https://www.historycentral.com/Today/Summer2022.html

The Struggle for the Soul of America: Trump Indictment Coming Soon Because No One Is Above the Law

Donald J. Trump will be indicted before the spring of next year. Many of us, of course, believe he should already have been indicted and put on trial. But Attorney General Merrick Garland is a very deliberate man. He was not about to push for indicting Trump before the midterms and consequently be accused of playing politics with the indictment, not that he won’t get that pushback whenever an indictment does come.

Garland has made it very clear that he stands by the basic American principle that “no one is above the law.”[1] In the House Select Committee to Investigate the January 6th Attack on the U.S. Capitol’s final public hearing this past Thursday, the Committee laid out a compelling case that Trump broke several federal laws.[2] Those include conspiracy to defraud the government, obstruction of justice and inciting a rebellion.[3] Now it is up to Garland and the Justice Department to act.

While a federal grand jury has been investigating allegations against Trump for many months, just recently the Department “issued over 30 more subpoenas to people within Trump’s orbit to appear before the federal grand jury.”[4] Then, on Thursday, the same day as the House Select Committee summed up its case against Trump, Chief U.S. District Judge Beryl A. Howell denied Trump’s claim of executive privilege, requiring that former Vice President Pence‘s chief of staff Marc Short testify before the grand jury.[5]

Judge Howell ruled that Short probably possessed information important to the Justice Department’s criminal investigation of the Jan. 6, 2021, attack on the Capitol that was not available from other sources.[6] Howell’s decision opens the door for the testimony of the recipients of those 30 subpoenas, many of whom, if not all, would be claiming executive privilege if not for Howell’s ruling. Their testimony will likely give the DOJ a good deal more evidence to bolster its already strong case against Trump.

Still, the DOJ has to wrap up its inquiry and bring whatever formal charges it can against Trump sooner rather than later. The Department must realize that it’s window of opportunity is time limited. Once the 2024 presidential election cycle begins in earnest later next year, Trump will use every trick he can to make a political circus out of the Department’s prosecution, not that he won’t do that whenever he is indicted. In which case, the prosecution could drag on and public opinion could turn against the Department. Thus, the DOJ must move quickly in the new year to bring charges against Trump and proceed to trial as early as possible next summer.

Garland has no other choice since no one is above the law.

Bruce Berlin, J.D.

A retired, public sector ethics attorney, Berlin is the author of Breaking Big Money’s Grip on America (See breakingbigmoneysgrip.com.), the founder of New Mexicans for Money Out of Politics, a former U.S. Institute of Peace fellow, and the founder and former executive director of The Trinity Forum for International Security and Conflict Resolution. He can be reached at breakingbigmoneysgrip@gmail.com.

Subscribe to this blog at https://breakingbigmoneysgrip.com/my-blog-3/. Join the movement to revive our democracy. Together we can save the soul of America.


[1] https://www.c-span.org/video/?c5024451/ag-garland-charging-president-law

[2] https://www.npr.org/2022/10/13/1125333531/jan-6-hearing-recap-takeaways-trump-subpoena

[3] https://www.businessinsider.com/jan-6-panel-trump-broke-laws-riot-2020-election-lost-2022-6

[4] https://time.com/6212677/donald-trump-investigations-explained/

[5] https://www.washingtonpost.com/dc-md-va/2022/10/14/marc-short-grand-jury-testify-pence-trump/

[6] Ibid.