The courtroom of public opinion

Re-watching the 1995 O.J. Simpson murder trial is quite jarring. Perhaps most maddening is that the prosecution seemed to have a strong case, and blew it with a poor presentation. For example, co-lead prosecutor Marcia Clark‘s questioning of her own witness, Kato Kaelin, was seen as inept, often harsh, and repetitive. Indeed, the questioning of Kaelin was so bumbling that, a week after it began, Clark had to have Kaelin declared a hostile witness. Simpson’s defense attorneys, in contrast, were dynamic and persuasive, constantly outperforming the prosecutors. They spoke plainly (“if it does not fit, you must acquit.”) They did not lose their cool, in comparison to Clark’s frequent displays of frustration and even desperation. They also distracted jurors with conspiracy theories such as racist cops planting evidence. As we know, Simpson was found not guilty in his criminal murder trial.

The Democratic Party, including President Joe Biden, his White House staff and Cabinet officers, Democratic members of Congress and others, could learn from the O.J. Simpson murder trial. The Democrats have done many good things during Biden’s less than 11 months in office, that they should be shouting about from the rooftops. For example, the 2020 Donald Trump recession is over due to the American Rescue Plan. COVID vaccinations are up (and corresponding COVID cases and deaths are down), which has also boosted the economy. As a result, unemployment is down, and jobless claims are down to a pandemic-era low. Congress has passed the bipartisan Infrastructure bill as Biden promised, Biden provided leadership in the fight against climate change at the COP26 conference in Glasgow, and more.

But in perusing the mainstream media, one gets the impression that Biden and the Democrats are doing a lousy job, are facing numerous “crises,” and are in “disarray.” Republicans (amplified by the media) are talking about inflation, gasoline prices, Critical Race Theory, Afghanistan, and other subjects, real or imagined, where the Republicans think President Biden and the Democrats are vulnerable. This raises the question: Why is there such a disconnect between the reality and the impression for the Democrats, similar to what happened to the prosecution in the O.J. Simpson murder trial?