Charlie Sykes and Adam Kinzinger Break Down Trump's Third Arrest and 641 Years in Potential Prison Sentences

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Charlie Sykes and Adam Kinzinger Break Down Trump's Third Arrest and 641 Years in Potential Prison Sentences

Charlie Sykes sits down with former Illinois Congressman Adam Kinzinger to dissect Donald Trump's third arrest and arraignment in Washington DC. As Trump faces 78 felony charges carrying a maximum sentence of 641 years, Kinzinger reveals how the January 6 committee's work directly led to this moment and why the Justice Department should have started investigating on January 7th. The conversation explores the dangerous escalation of political rhetoric, why Mike Pence and Ron DeSantis continue to struggle with their Trump responses, and whether a conviction before the election could finally change Republican minds. Kinzinger doesn't hold back on his disappointment with former colleagues and explains the sunken cost fallacy keeping GOP members trapped in Trump's orbit. With new polling showing half of Republicans would abandon Trump if convicted, this deep dive examines whether accountability is finally coming or if the system faces catastrophic failure.

Categories: Liberal Opinions
August 4, 2023

Trump's Third Arrest and the Mountain of Felony Charges

Charlie Sykes opens the August 4th, 2023 episode by reflecting on a week that truly mattered. Donald Trump was arrested for the third time, booked, arraigned, warned against committing crimes or bribing witnesses, and released on his own recognizance. The former president now faces 78 felony charges with maximum sentences totaling 641 years in prison. This figure doesn't include civil lawsuits for fraud, defamation, and sexual assault, or what's coming from Georgia. Yet Trump remains the frontrunner for the Republican presidential nomination.

Sykes brings in Adam Kinzinger, former congressman from Illinois, co-founder of Country First, and crucial member of the January 6 committee, to break down the week's events and their broader implications for American democracy.

The January 6 Committee's Role in Trump's Indictment

Kinzinger confirms that without the January 6 committee's work, Trump would not have been arraigned in Washington DC. He expresses disappointment that the investigation should have started on January 7th, including the president. While the DOJ pursued those who directly broke the law, Kinzinger noticed a shift when the committee's first hearings revealed the coordination and depth of Trump's actions.

The Justice Department initially tried to deflect, claiming they wanted the committee's transcripts. Kinzinger had to spend a month answering questions about why DOJ didn't have the transcripts, explaining the legal complications around discovery. But the DOJ should have had their own transcripts and been on this investigation long before the committee began its work.

Reflecting on watching Trump's arraignment, Kinzinger admits he felt no sense of closure. He remains nervous that somehow the case won't go to court or that a Trump supporter on the jury could let him off, potentially doing more damage. While there's satisfaction knowing the Justice Department will adjudicate this before the American people, Kinzinger won't feel real peace until a guilty verdict comes down from the jury.

The Dangerous Scenarios Ahead

Kinzinger outlines the divergent futures facing the country. The hopeful scenario sees the rule of law vindicated and Trump held accountable. But other scenarios include a hung jury or even an acquittal, which could slingshot Trump back into the presidency. At that point, this would represent a catastrophic failure of the system.

He expresses concern about whether the trial will be completed before the election. While the judge has considerable power to set timelines and limit motions, Trump's team will try to adjudicate the election in Georgia and Pennsylvania, attempting to prove election fraud. If the judge shuts this down as already litigated 60 times, it gives Kevin McCarthy and others a talking point about being silenced.

In a perfect world, Trump would get all the time needed to prove Michigan was stolen, fail to do so, and this would be presented to the American people. But this would delay the trial past the election. Kinzinger notes there's a better than nothing chance that Trump could win the presidency again, and the second he does, he won't go to jail. He'll either pardon himself, shut down the trial, or have the DOJ drop the charges.

The All-Out Attack on Democratic Institutions

The darker scenario involves the escalating rhetoric attacking the legitimacy of the entire system. Lindsey Graham claimed the judge in the case hates Trump, that you could convict Trump of kidnapping the Lindbergh baby in DC, and demanded a new judge and change of venue. This represents an all-out attack from alleged former grown-ups in the Republican party, not just on the FBI but on the Department of Justice, judges, and the jury system itself.

Kinzinger reflects on the sad lesson that when you violate a norm, you never go back to the old way. Congress used to always do the NDAA on time until they didn't, and now they never do it on time. They never showed naked pictures in committee until Marjorie Taylor Greene did. They never questioned the rule of law or attacked a judge, and now it's commonplace.

He struggles with how there could ever be an agreement where everyone gets together and says they're going back to the old way of doing things. Trump has thrown so much at America that people's outrage capacity is exhausted. He can do anything now because everyone has already spent their capacity to be outraged.

Kinzinger describes the emotional progression that Will Saletan discusses in his podcast about how people moved from barely accepting to fully accepting to actually leading the Trump movement. As someone who lived through it in Congress, Kinzinger experiences almost flashes of PTSD listening to these descriptions because he can sense and feel it happening.

He explains the sunken cost fallacy: you lost ten thousand soldiers in Vietnam, so you can't come home now. People like Lindsey Graham have given an ounce of their soul, then five ounces, then a pound, and it continues because stopping at any point means reckoning with what you've done. It's much easier to keep going.

The Rising Danger of Violent Rhetoric

Sykes emphasizes the danger of rhetoric that delegitimizes the system. If something is not legitimate, there's no reason to respect or obey it. Talk of imprisoning Democratic politicians and their families in acts of revenge is now standard. Even floating the execution of Joe Biden, as Charlie Kirk did, is accepted in the world of MAGA media where the audience has been conditioned through years of programming to welcome such vile rhetoric.

The language has moved beyond routine political demonization to suggest the need for violent resistance. If you don't believe in the integrity of democratic institutions, if you believe elections have been stolen, how do you expect people to react? There's constant escalation without concern for where this leads or who might act on these ideas.

Kinzinger agrees they've been talking about this danger for a while but must keep talking about it. People dismiss warnings about the whole system collapsing and leading to violence as hysterical, but Kinzinger believes the danger is real. Five years ago, even saying the words about assassinating the president would trigger a Secret Service visit. Now Charlie Kirk says this openly.

If the Secret Service visits Charlie Kirk, what does the right say? Do they say he never should have implied assassination, or do they claim it's a First Amendment violation and a two-tiered justice system? People float this around constantly now, and it's become normalized and dangerous.

Kinzinger's message to the left and center is that the right believes their only option is to gain power and maintain it through any means necessary. Barbara Walter's book on how civil wars start mentions that when groups in the majority become groups in the minority, that's when civil wars have the highest risk. So the key becomes never giving up power, leading to authoritarianism.

While the left has every right to be angry and match the rhetoric, Kinzinger hopes they don't. The only way out of this moment is creating unnatural alliances between the left, center, and some on the right who oppose authoritarianism but support democracy. This is the only way historically to defeat authoritarian movements.

Why Jack Smith Didn't Charge Trump for Inciting Violence

Regarding Jack Smith's decision not to charge Trump directly for inciting the January 6 violence, Kinzinger expresses some disappointment. Every time they mention January 6, he emphasizes that people died. This is not theoretical. The committee referred Trump for inciting violence, so why didn't the Justice Department pursue it?

After pondering the indictment for 48 hours, Kinzinger has come to see Jack Smith's point. Charging Trump with the attack and violence may be much harder to prove. Not charging other people at the moment simplifies the case to just Donald Trump with fewer charges, making it more likely this gets done before the election.

Stacking people and charges gives the defense legitimate ways to push this past the election. This doesn't mean Smith couldn't come out with further charges or bring a separate case later, as seen in the documents case.

Kinzinger's biggest takeaway from the January 6 committee was that January 6 was a symptom. It was a terrible day, but it was a symptom of illegal things and actions that preceded it. It was a symptom of the president saying the election was stolen, of sitting with Justice Department members saying just say the election was corrupt and leave the rest to me and Republican congressmen.

The president told the acting attorney general: just say it was corrupt, that's your only part of the deal, and leave the rest to me. If you sow a bit of doubt, we can use that to destroy the election's legitimacy. All of this happened before January 6. For 187 minutes on January 6, Trump actively resisted pressure from everybody to make a statement stopping the violence. Only when he saw law enforcement turn the tide did he begrudgingly make a statement.

While Kinzinger wants to see Trump charged for that day, it's important for Americans to see that January 6 was simply a symptom of much bigger things that happened before. The indictment represents that culmination. Rather than charging incitement, they say he was exploiting the violence, which blunts First Amendment arguments.

Trump Never Learns His Lesson

Sykes points out that Trump never learns his lesson, never backs away. The lies he told about the election and everything that happened will be central to his 2024 campaign. He's not backing off, hedging, or apologizing. Same with the attempted extortion of Volodymyr Zelensky in Ukraine. Trump is now continuing to push dirt about the Biden family from Ukraine, getting the House committee to do what Zelensky wouldn't do that resulted in the first impeachment.

On the free speech question, it became the Republican talking point that Trump was being attacked for his speech. Jack Smith made clear that Trump absolutely had the right to say anything about the election he wanted, but speech in furtherance of a conspiracy to violate the law is not protected. All conspiracies involve speech. All acts of fraud involve speech. The notion that using words creates a bubble zone to break the law is absurd.

Kinzinger explains that many Republicans are pretending to take this seriously. Pulling back the curtain on what it's like to be a Republican member: when the president does something basic and you want to vote no because it's better for your district, you're waiting for a talking point from leadership that you can convince yourself is a good enough reason or can convince your constituents.

There were members, including one from Sykes's home state whose name rhymes with "Gallagher," who were close to voting to impeach Trump in the second impeachment but found some nuance in the impeachment article to convince themselves not to. The speech argument gives an answer when asked by the media. You can say "free speech" and move on, buying time.

As Sykes points out, if you hired someone to kill somebody for money, that's not a free speech issue. That's what they're arguing Trump did.

The Hollow What-About-ism Defense

The flood of what-about-ism from Republicans was predictable. Tom Cotton said every time a Republican won the presidency this century, Democrats tried to stop certification, yet none faced criminal charges over what is obviously First Amendment protected activity. Kevin McCarthy made the same argument about Hillary Clinton, the DNC in 2016, and Democratic leadership saying Al Gore won over George Bush.

Sykes remembers Al Gore in a very tough, questionable, close race conceding the 2000 election and presiding at the Joint session of Congress where he counted the electoral votes certifying his defeat. He remembers Barack Obama inviting Donald Trump into the White House. What he doesn't remember is any leading Democrat summoning the mob to attack the Capitol.

There were a few outliers who voted against certification, but this attempt to make an equivalency is false. Sykes encourages everyone to watch Kevin McCarthy's statement because he gets progressively angrier. Kinzinger knows McCarthy well enough to know he's theatrical. McCarthy is a man who has always tried to be "smiley McGee," as Kinzinger calls fake politicians, but he's burning inside from having to continue lying and making up stories.

Marco Rubio tweeted about Hollywood people doing a video trying to convince electors in 2016 to be faithless and vote for Hillary Clinton. That's totally legal, and nobody paid attention. It's completely legal in most states for an elector to become faithless and switch their vote. But it's not legal to send fake electors and incite a mob.

Van Jones, to his credit, said on their CNN panel that yes, the left tried to delegitimize Trump's presidency and he condemned them for that when it was happening. Republicans also claimed Obama was illegitimate because he never produced a birth certificate. There's a history of this and it's wrong, but there has never been anything like what happened in 2020. Everybody knows that, but they're trying to salve their own conscience and buy time for their careers.

They're all waiting for the man on the white horse to save them, except they're all on white horses. They're all the people who are supposed to do it, but instead they're busy covering their own backsides.

The Irrational Loyalty and Sunken Costs

Sykes agrees about sunken costs: once you've gone this far, you might as well go the whole way. But there's also the normal human and political instinct to cut your losses and stop digging. This is the extraordinary thing—they've had so many chances to move on, to take the off-ramps.

Trump is credibly accused of fraud, rape, violating the Espionage Act, and attempting to overthrow the election. You would think politicians wouldn't rush to cameras every time to defend this. Republicans should have optimism about the election for various reasons, yet they're going into a campaign where their candidate will spend much of it in a courtroom facing felony charges.

No other Republicans can figure out how to use the rape, Espionage charges, fraud charges, and everything else to gain traction against Trump. The rest of the field should be running against Trump by pointing out these things if they want to be elected president.

Kinzinger is shocked every day that with the exception of Chris Christie, Asa Hutchinson, and Will Hurd, everybody is profusely defending Trump. This is the guy beating you in the polls.

For rank and file members of the House, imagine old Vietnam prison camps where all the GIs are sitting around with four armed guards. Everyone knows that if everybody rushes the guards at the same time, they'll be able to overcome them and be free. The problem is if just one guy stands up and rushes the guards, he's killed. If one guy starts trying to talk to people about organizing, somebody dies.

It's the same in the GOP. Look what happened to Liz Cheney, Adam Kinzinger, Jeff Flake, and others who stood up and told the truth—they got politically killed. Now everybody's worried. There's no way to organize a big group without Trump finding out about it.

Members look around and say: Do I want to stay in Congress? Yes. Then I have to suck it up because there's no other way. If you hit a point where your conscience won't allow it, you're not going to go on TV and say that. You simply won't run again. When you're out of Congress, you probably need to lobby to make a living, and you have to lobby people who are still huge Trumpers. You don't want to alienate them.

Kinzinger wouldn't be a successful lobbyist now because if he went back to talk to former Republican colleagues, they'd say they don't want to listen to someone who's been throwing them under the bus, don't want to be seen with him, don't want to be anywhere near him.

Rating the Key Players: Pence, Barr, Christie, and DeSantis

On Mike Pence, Kinzinger is a little bitter because Pence could have basically been the Chris Christie on January 7th. He'd be the number two guy right now and would have made a huge impact. Pence still won't say if what Trump did was criminal, claiming he's not a lawyer. This nuance drives Kinzinger nuts.

But Kinzinger will embrace Pence with open arms if this is a new Mike Pence going out to tell the truth. They need his voice to say he was all in on the Trump agenda but this is too much. There's nobody, even the hardcore Trump fan, who doubts that Pence is to an extent pretty honest, so his voice is important.

Pence still drives Kinzinger nuts because he's always lukewarm. He'll say something to please Trumpers a little or qualify what he's about to say that's anti-Trump. He does it in a sandwich: positive Trump comment, then goes after Trump, then comes back with another positive Trump comment. If he can stay strong, Kinzinger will be excited, though he won't support him for president.

Olivier Knox wrote in the Washington Post that Pence has become the symbol of the kind of conservative the Republican electorate has rejected. He represents everything conservatives said they were before 2015, yet he's being rejected. It's worth noting he hasn't yet qualified to be on the debate stage.

On Bill Barr, if Kinzinger could only think of him post-January 6, he'd say Barr is a hero of the truth-telling movement. Kinzinger doesn't have as much bitterness toward Barr as many people do. There's a lot Barr did that Kinzinger is still upset about, but Barr has been speaking out. Kinzinger wishes he wouldn't have held on for his book, but he's glad Barr is out there speaking with some authority.

Sykes is pretty bitter about Barr, but it's extraordinary taking Pence and Barr together. It would have been great had they been earlier and stronger, but this is a reminder that almost all the crucial evidence comes from Republicans—people who were Trump appointees. These are voices from within the room.

More than 90 percent of the committee's witnesses were Republicans, people from the Trump Administration. Many key players were the dead-enders who hung on to the bitter end after the election. When they said no to Trump, they ended their careers in government.

Mike Pence, when he said no to using his power to overturn the election, defeated himself. He was the vice president and gave up his job. Some Justice Department officials would have been in ongoing positions of real authority and power, and they destroyed their own futures by doing this.

So far this doesn't seem to have made much difference for Republican voters, but it's striking how many cabinet members and administration officials, whatever their opinion on criminal charges, are saying this whole scenario is another indication of why Trump should never be allowed near power again.

When the trial comes and witnesses are called, Mike Pence will probably be a witness against Donald Trump. That's insane. It always drove MAGA folks nuts when Kinzinger said the January 6 committee was very partisan because they only had Republicans testifying.

Kinzinger notes that if they want to start seeing the MAGA movement or Trump collapse, they'll have to embrace a lot of people who were once all in but are now out. They're the only ones left, the ones they have to win over.

On Chris Christie, Sykes mentions that unlike others, Christie went to Ukraine for meetings, which is courageous. Kinzinger loves Christie's "I don't give a bleep" attitude right now, which is fantastic. Christie really is a magnificent beast.

Sykes was extremely skeptical considering Christie's role in 2016. He has respect for Asa Hutchinson and Will Hurd, but right now it is Chris Christie. One reason Trump will never get on a debate stage is he won't get on stage with Christie ever.

Kinzinger agrees but thinks Christie's view is that maybe not the first debate, but then Trump won't be able to resist. Kinzinger thinks Christie is going to slice and dice Trump so much that Trump will just tweet from afar.

Kinzinger was pretty aggressive against Christie a few months ago, and they exchanged barbs on Twitter. But the second Kinzinger saw Christie on the CNN town hall or his announcement, he thought Christie is serious, means it, and is better than anybody at exploiting Trump's weakness in front of the people who need to see it. Christie is legitimately having a good time doing it now.

Sykes loves watching Christie with no restraint, not making calculations, having fun. Christie is saying everything he should be saying and going everywhere—liberal shows, right-wing shows, MAGA shows. He's utterly fearless. It's one thing to go to Ukraine, another to go on Newsmax.

The contrast with Ron DeSantis is stark. DeSantis cannot figure out how to run against Trump. His campaign reset is going nowhere except making his rhetoric cruder and more brutal. In New Hampshire, he said on day one he's going to start "slitting throats." What is wrong with this guy?

Kinzinger says everything DeSantis says shows the inauthenticity. He's trying too hard. It's like the kid who got invited to the party to hang out with the cool kids and says "I pounded a beer too last night, I had 80 beers." People told DeSantis to go against the Deep State and bureaucracy, so he emotionally says they're going to start slitting throats.

It's insane, and there's somebody out there who's going to listen and think about slitting throats because there are crazy people. Kinzinger knew DeSantis in the House. The funny story everyone tells is that DeSantis never talked to anybody. One time in the cloakroom they were having a conversation, and mid-conversation DeSantis picked up his phone and literally walked away without saying anything.

DeSantis's campaign view, which isn't terrible if done right, is that at some point Trump will collapse and DeSantis will be the Trumpiest guy to pick up the pieces. But he's done it so awkwardly and stupidly that he won't be that guy.

That scenario was plausible six months ago—that through some magic DeSantis becomes the nominee without actually running against Trump, that somebody else takes Trump out. But every time somebody tries to take Trump out, DeSantis runs to his defense.

Sykes was reminded that when the first indictment came down, DeSantis popped out of the governor's mansion saying Florida won't help extradite Trump. He was prepared to turn Florida into a sanctuary state for Trump.

Six months ago it was plausible that Trump would go away and DeSantis would be the logical next candidate, but that's obviously not happening. Sykes doesn't know what this reset is. DeSantis is just as awkward as ever, incapable of talking for more than 30 seconds without using the word "woke," keeps digging himself deeper on the slavery debate, trying to play the Trump thing but only Trump can do that.

Trump can double down on unpopular things to look tough. That's what DeSantis is trying to do on slavery, and he can't. He doesn't have the ability. He just looks dumber and stupider.

What Could Change the Dynamics?

On what happens next, Kinzinger doesn't think it's super likely, but if the court case gets done prior to the election, that changes things. You can read an indictment, but when you see people testify and evidence laid out, if Trump is convicted, a poll today showed 50 percent of Republicans would turn or consider turning against Trump if convicted of these crimes.

That number will lower as people rally around the flag, but Kinzinger thinks if the trial is done publicly and Trump is convicted, that actually has the opportunity to turn things. He's not betting all his money on it, but it could happen. Standing around while the guy is indicted and defending him is one thing. When he truly is a convicted felon and you realize there's no chance he can win the presidency, that's another thing.

That won't happen before the primaries are over and the nominating convention in Milwaukee. It's possible because they're talking theoretically about May, but that would maybe have to be a case where Trump is replaced at the convention. Kinzinger gives it very little chance but thinks that's the only thing that could change dynamics.

The reality is they're going to have to defeat Donald Trump in the general election.

The Reuters/Ipsos poll is worth pausing on. About half of U.S. Republicans would spurn Trump if convicted. Among Republicans, 45 percent said they would not vote for him if convicted of a felony, more than the 35 percent who said they would. The rest didn't know.

Asked if they would vote for Trump if he were currently serving time in prison, 52 percent of Republicans said they would not, compared to 28 percent who said they would. It's shocking that 28 percent of Republicans would vote for him even if he's in an orange jumpsuit in prison, but those numbers suggest it's impossible for him to win a general election.

The question is when that begins to be felt in the Republican world.

On whether there's time for someone else to get into the race to play the role DeSantis clearly won't play—like Glenn Youngkin coming in as a consensus candidate—Kinzinger thinks that is a possibility. Putting aside personal feelings on Youngkin, this is part of why Kinzinger was always against DeSantis from the beginning.

People in the lead early on are never in the lead later. President Walker, President Jeb Bush—it never happens. Right now there's massive baggage on DeSantis. If you could hit a reset button with someone like Youngkin who can come in and be kind of Trumpy but a little more polished, there is a possibility as they get more into this that he could take that position.

Kinzinger isn't a huge Youngkin fan for any number of reasons, but analytically, it's possible. Somebody like him who can come forward with a track record showing they can win on the issues MAGA cares about—which is only woke issues—could potentially break through.

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