How Trumpism Is Re-Positioning “Justice”

The unanimous verdict finding Donald Trump guilty of all 34 counts in the NY criminal case opened the floodgates for vitriolic criticism and vengeful retribution by Conservatives against Democrats and Biden.  More alarming was their outrage over a core pillar of our democracy, the entire judicial system.  Behind this latest controversy was, yet again, politics, including two different strategies for trying to position our judicial system.  This endeavor is best understood through a branding lens.

Positioning a brand is essential for shaping an optimal message to attract consumers/voters.  This strategic blueprint has various dimensions designed to make a brand competitively distinct and appealing – e.g. whether/how it meets a customer desire, a central benefit or promise, the support or reasons why the audience should believe that promise, and the image the brand should portray.  The ultimate goal is to connect with the customer on an emotional basis, and to establish a compelling relationship.  This verdict on Trump has provided an opportunity for Democrats and Republicans to use the brand concept of justice as a political tool to appeal to voters.

As a backdrop, Gallup recently reported that trust in our overall judicial system is at an all-time low – just 41% of Americans today have confidence in it.  The Supreme Court performance is a major cause for this skepticism.  Their ruling on Roe vs. Wade to let states ban abortion two years ago, followed by revelations of serious ethic code violations by conservative Justices Thomas and Alito, has polarized most Americans, with negative reverberations throughout the entire justice system. This trend has also made the perception of judicial integrity more vulnerable for false claims and interpretation.

The Emotional Attack Style

Extreme conservatives have traditionally been more vociferous in their intense criticism, invariably coupled with misinformation.  Details to support their accusations are often missing – e.g. the House’s attempt to impeach Biden despite a complete lack of evidence, or the Trump denial claim of the 2020 election results despite 60 court verdicts to the contrary.  In their attack on our judicial system, they do not offer any proposed benefit or any evidence to support their accusations.  Instead their campaign of vengeance weaponizes “justice” to appeal directly to the passionate emotions of Trump’s voter base, especially the MAGA segment.  And frankly they have been quite successful with their inflammatory attacks to solidify their emotional bond with these voters.  Here are some examples of their relentless attacks on Biden (”corrupt”), justice (“witch hunt”) and the trial (“rigged” and “sham”):

• Jim Jordan insisting that there is a two tier system of justice, despite Hunter Biden’s guilty verdict which undercuts his claim
• Mark Rubio: Biden is “a demented man propped up by wicked and deranged people willing to destroy our country to remain in power.”
• Kari Lake from Arizona called the ruling “an outright mockery of the rule of law”
• House Speaker Johnson: “this was a purely political exercise, not a legal one.”

The Meticulous, Detailed Approach

These baseless claims will provide additional fodder for MAGA voters and alienate most progressive voters, but the crucial segment that will determine the outcome of the next election will be those swing voters who have not made up their minds.  The Democratic strategy to support the judicial process and other criminal charges against Trump is more fact based and methodical, emphasizing key positioning elements:

• Its promise is to uphold the Constitution and the integrity of the rule of law – i.e. no one is above the law
• In the NY cover-up case and the other three critical criminal cases against Trump, there has been extensive evidence gathered to support the prosecution’s charges, although Conservative judges have successfully delayed these trials.
• The desired image cultivated by this rational positioning reflects a stark contrast between Biden’s steadfast experience and the chaos of Trump, plus reinforcing the importance of maintaining our democracy.

Ultimately the swing voters will decide which approach they will relate to, notwithstanding extensive and confusing misinformation expected during the next five months.  Maybe the debates will shed new light on the character of each candidate.