Halfway through Franz Kafka's novel The Trial,
the unlikely figure of the court painter
outlines to the protagonist Josef K
the potential positive outcomes
for the future of K's ongoing court case
for an unspecified crime.
The painter describes to K
the three possible acquittals
that may be hoped for:
definite acquittal,
ostensible acquittal,
and indefinite postponement.
Definite acquittal is described as the stuff of legends –
a utopic ideal only to be imagined
which has never occurred in the painter's experience,
and can therefore be absolutely discarded as a viable possibility.
This leaves K with two remaining realistic options:
ostensible acquittal
and indefinite postponement.
Ostensible acquittal is a non-binding acquittal granted by the lower judges,
which may be revoked at any time should another judge
or higher level of the Court demand action.
This acquittal requires a fatiguing flurry
of petitioning and lobbying,
but little effort thereafter –
that is until the case is potentially revisited,
at which point the efforts of postponement must begin anew.
In this state, the possibility of the case's resumption –
of arrest at any moment and a return to square one –
hovers perpetually over the accused,
in the form of a continual tireless haunting
whose lurking background hum
could inevitably become deafening at times.
The alternative option of indefinite postponement
requires constant attention
and contact with the Court,
but keeps the case in its initial stages.
It avoids the perpetual anxiety of possible arrest,
but requires constant activity
to ensure that the case does not pass
from these initial stages into anything resembling a trial.
The process is exhausting and engaging,
a ceaseless balancing act.
The advantage to be gained from both
ostensible acquittal and indefinite postponement
is that they prevent the case from coming to sentencing
through ducking and diving,
through evasion and distraction.
The target result of both instances
(to varying different degrees)
is to keep the trial
in a condition of exhaustive limbo
for the duration of the accused's life.
A holding off of death,
a tired presence of living,
head bobbing just above
the surface of the water,
gulping in just enough air
before the next wave
passes overhead.