Today, opening arguments are scheduled to begin in the trial of Donald Trump for falsifying business records to hide an extramarital affair from the voters. Political junkies like us are riveted by the trial. MSNBC, the New York Times, and Pod Save America are covering every twist and turn in the trial. Routine procedural motions and jury selection are the subject of much speculation and even more news coverage. The attention is warranted. This is a huge deal. It’s one of the most important stories of the decade. The former president — and the presumptive Republican nominee — could be convicted of a felony less than six months before the election.

However, the public does not share our fascination with the trial. According to the recent New York Times/Siena poll, only a quarter of the electorate are paying a lot of attention to Trump’s trials, and 37% are paying little to no attention. This is part of a broader trend since 2020 of large swaths of the public tuning out political news. While many of your friends and family may be aware that Trump is facing legal jeopardy, they are (blithely) unaware of the details. They may have no idea that this trial is underway.

I think that’s a problem for Democrats. In fact, it’s THE problem for Democrats. People are not following the news about developments in potentially the most important election of our lifetimes. People don’t want to read the news and the media ecosystem makes it impossible to follow the news casually. We can bang our heads against the wall about the unfairness of it all, or we can take matters into our own hands.

Each and every one of us has the power (and responsibility) to talk to the persuadable voters in our life about the good things Joe Biden has done and the bad things Trump has done and will do. Helping voters have effective conversations is the founding principle of this newsletter. All over Washington, DC, consultants and communications directors are telling members of Congress and candidates. However, this fractured media environment cultivated a public that is increasingly skeptical of politicians and the media. The most impactful conversations happen with people we know and trust. If you want to support this work, please consider becoming a subscriber.

I suspect that as the trial goes on for weeks and months, more and more Americans will become invested. They will wonder what it’s all about, what Trump did, whether he should be punished, and most importantly, why they should care. Based on polling and my experience, here are some thoughts on discussing Trump’s trial with the Trump-curious and Biden-skeptical people in your life.

How To Talk About It

1. No One is Above the Law: Polling shows that a majority of voters believe the charges in this case are “serious,” but a majority also believe the Trump indictments are motivated by politics more than the law. What can I say? Voters are complicated. But that’s our political environment. Therefore, one of our hurdles is explaining why Trump is on trial. Last year, Navigator Research tested a bunch of messaging about Trump’s first indictment. This one tested best, by far:

   No one is above the law, not even a former president. When someone breaks the law, they should face repercussions. There shouldn’t be one justice system for everyday Americans and another for the rich and powerful where they pay no consequences for their crimes.

2. A Jury of His Peers: Trump blames Biden and other Democratic politicians for his legal problems. Despite decades of high ratings for Law & Order, most people don’t know exactly how the legal system works.  Explaining that a jury approved the indictments and will render the verdict can be very helpful in defusing some of the cynicism about these trials. Here’s one way to do that:

   These investigations were conducted by law enforcement professionals. The decision to bring the indictments were made by career prosecutors and approved by a jury of Donald Trump’s peers. A jury, which was selected with input from Donald Trump and his lawyers, will render a judgment in each case.

3. What Trump Really Did: While the New York Times/Siena poll shows that 58% of voters believe the charges of hush money payments made to the porn star Stormy Daniels are serious, this case is the most difficult of Trump’s trials to explain to people. Frankly, that says more about the severity of Trump’s other crimes than anything else. Historically, voters can forgive misconduct that is personal in nature and happened in the distant past. The hush money payments were made eight years ago and involved an extramarital affair. We need to show why the crime matters to the public. Trump wasn’t trying to hide the affair from his wife, he falsified business records in order to keep voters in the dark. A poll conducted by Data for Progress for the Research Collective and ASO Communications found:

   After reading a factual description of the case, 55% of voters, including 71% of third-party or undecided voters, believe Trump’s actions on trial in Bragg were a deliberate attempt to keep voters in the dark and sway the election.

   If Trump broke the law once to hide information from the voters, what is he keeping from us now?

4. Tie It to the Larger Narrative: To make the trial matter politically, we have to connect it to a broader narrative. The best messages are ones that are true and the essential truth of Donald Trump is that he is a selfish, weak narcissist who puts himself before anyone and anything else.

   Trump is in this mess because he was too weak and afraid to face the consequences of his actions. He is running for president to avoid accountability for his misconduct, help himself and his rich friends, and seek retribution against his enemies.

   Win or lose the White House, Trump’s legal problems won’t go away. He will still stand trial in Fulton County, Georgia. There are an array of civil lawsuits arising from the former president’s personal conduct and business activities. Trump will have to spend an inordinate amount of time and energy defending himself in court. Do we really want a president who can’t focus on protecting the country, raising wages, and lowering costs? How can Trump help you, if he is so busy helping himself?

President Biden made the wise decision not to talk about Trump’s legal problems. Most Democrats followed suit for equally understandable reasons. Trump and the MAGA media are trying their damnedest every day to poison the conversation about Trump’s trials. While the press coverage has been appropriately critical, we know that the traditional media does not have it in its DNA to push back against Right Wing propaganda. You are the last line of defense and the person with the most influence over your personal network. If you found the information in this post helpful, please share it with others.

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