Thursday, August 3, 2023

Now it's down to us, the electorate

Donald Trump was indicted for what to a lay person looks like an attempted coup. Nothing in America's political and constitutional history has been more serious. 

Many have argued that the fact that he was charged shows that the judicial system has held even under the most sever stress it may ever had have to endure. That may be so, but despite the compelling evidence and care in selecting how to charge Trump, the outcome for the country still hangs in the balance. 

A decision tree is illuminating here. The first branch deals with whether Trump is able to delay the trail until after the 2024 general election. The next two branches are the same except order depends on whether or not his delaying tactics were successful. The two branches are the outcome of the trial and the outcome of the general election.  

The decision tree can be simplified since the two right sets of branches (election outcome and trial outcome) are the same except that order of their application depends on the outcome of the leftmost branch.  For the moment, assume that the probabilities of winning in court and winning in the general election are the same whether the upper branch or the lower branch obtain. The model is then completely insensitive to the likelihood of the trial being delayed past the election, depending, along both "delay" and "no delay" branches, only on the combined probabilities of an election win (or loss) and a win (or loss) in the courts. Given that the first branch only flips the order of the subsequent branches, the tree can be reduced to:

Interestingly even if the trial were an open and shut case, with 100% certainty of a conviction, Trump's odds are still good, depending solely on the likelihood of his being reelected.  That's why winning the presidential election is so important for him.  In essence, his best route to freedom is by being elected. 

While the simplification depends on the assumption that election outcome is unaffected by the trial outcome on the lower branch ("no delay") it is worth noting that Trump's many indictments and his two impeachments have had no decipherable adverse impact on his electoral changes, nor popularity on the right (or for that matter his unpopularity on the left).  Similarly, one would hope that his trial verdict would be unaffected whether or not her were to be elected.

His fate therefore depends almost entirely on the electorate; they cannot put him in jail but they can certainly keep him out of jail. Even if his conviction were absolutely assured, his accountability rests with the American people.  This, then, is the ultimate test of America democracy. 

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