The bizarre trial of Donald Trump, commonly referred to as “the hush money” case, will be written about 100 years from now. We call it the “hush money case,” but if Trump is found guilty, it will not be for paying to prevent the publication of the story about Trump having sex with a porn star. It will be for falsifying business records.
To prevent the story of his encounter with Stormy Daniels from coming out and sinking his 2016 bid for the presidency. Trump had his attorney, Michel Cohen, pay “hush money” to The National Enquirer and recorded it as legal fees to keep the payments secret. That falsification of records is a felony under New York law.
Last week, I discussed the case with several friends who had diverse opinions about the case. One friend questioned whether it is remotely possible for Trump to get a fair trial in New York City. Another said she prayed that Trump did not get off on a technicality. She was disappointed that the case was about “bookkeeping” and was disturbed those two lawyers, whom she sees as the type of persons who might “let Trump off,” were accepted as jurors. My female friend also opined that a conviction should not require a unanimous verdict as she worries about a stealth juror.
Diplomat that I am, I did more listening than opining. But part of my reticence to debate the trial is that I also wonder if a fair trial in NYC is possible. I am also trying to figure out why Donald Trump glowers at the judge, refuses to stand up when the jury enters the courtroom and has violated the “gag order” (I wish it were described differently) seven times. Why, I wonder, is Trump begging to be convicted?
Trump has insulted everyone remotely connected with his portfolio of legal cases. I am waiting for him to blast the janitors in the courthouse or the New York City police who anxiously patrol the area. Trump himself says the case is a sham brought about by Democrats and other America-haters to keep him out of the White House. Trump thinks that he did nothing wrong. Who was hurt by his disguising the “hush money” payments through Michael Cohen?
Trump may yet be found in contempt of court. If that happens, will Judge Juan Merchan lock him up? I find that hard to imagine. Trump apparently agrees. He is not acting like jail for contempt is a possibility.
Trump’s social media posts are nauseating. I refuse to join his social media platform to see them all, but those I have seen are a potent emetic. But the posts are also working. If you can believe Trump, he recently raised $50 million in a single fundraiser. Business titans, the type of people I like to think have some sophistication, are comfortable with Trump’s opus.
Is Trump begging the court to convict him to enhance the urgency for his supporters to vote for him? Given that, the only way Trump will escape accountability for his federal crimes will be to pardon himself. That requires winning election in November, or does it? Kari Lake, now a Republican Senate candidate in Arizona, suggests that violence may be necessary to get Trump back in the White House. She urged supporters to “strap on a Glock.”
Trump’s base also assumes that a win in November (or reclaiming the presidency through some other means) will make a conviction in New York or Georgia go away. Once in the office, he will ignore any order to surrender himself and use the Secret Service to shield him from marshals.
Simply put, Trump’s supporters do not believe he did anything wrong and are okay with any judicial determination of guilt being swept away. Trump and his supporters do not take the judicial system seriously. That is why Trump is comfortable begging for conviction by disrespecting the court and even falling asleep in the courtroom.
As Trump would put it, “Sad!”
Does Trump expect to be convicted? Maybe, but he may not think it matters. He will appeal the decision if convicted, delaying accountability until after election day. After that, Trump believes, he will be president.
J.E. Dean is a retired attorney and public affairs consultant writing on politics, government, and, all too infrequently, other subjects.
Hal De Bona says
My money is on Trump causing enough disruption with the end goal of a mistrial with the likelihood of a new trial being put off to well past the election.
As for not getting a fair trial in New York, it’s just smoke. It’s nonsense. But if it’s repeated enough times the MAGA crowd will believe it and parrot the lie to all. Not only are they deplorable, they are despicable.
Mickey Terrone says
Hi John. Clearly, Trump is pushing every button he can to push Judge Merchan to say or do something he can use to seek an appeal of a guilty verdict or to cause a mistrial with some outburst(s) or overt threat(s) to jurors. His goal is to create chaos in the justice system and claim unfairness against him so he can claim to be a political prisoner/victim. At this stage, he doesn’t need any evidence to maintain the support of his cult followers. So, he appeals to the court of public opinion in-between court recesses every day. With the mountains of evidence against him, this is his best hope of evading justice and getting elected POTUS.
Its fairly clear to me that Trump’s entire election plan is to subvert the 2024 election by declaring any negative results to be rigged. His state and local accomplices will seek to challenge any unfavorable results. I believe they will take the initiative to supply fake ballots by the thousands and create scenes at various polling places to “demonstrate” election fraud. This way, he can create enough doubt about the fairness of numerous state election results to supercede the normal electoral process, put his militia people on the streets to cause disorder and civil unrest and create doubt about the legitimacy of the election. If he loses, he can throw this hysteria into action. If he wins, all is well. Heads I win; tails you lose.
Trump and his accomplices know a loss in 2024 is the end of the line for him and likely either jail time or an escape flight to Moscow. Undermining the election process and the rule of law are his best hopes to maintain any degree of relevance whatsoever. These people will do anything to gain or steal presidential power. He tried it once and he’ll try it again. This time, he’ll stop at nothing regardless of any resort to violence.
Somehow, I believe Trump will continue to protest the election results (if he loses) all the way to the Supreme Court. That SCOTUS is even willing to hear and rule on his absurd claim of immunity portends evil. Those justices should have dismissed such an extreme challenge immediately when asked for a judgment by Jack Smith months ago.
I expect the worst from Trump, his accomplices, his billionaire cronies and his political thugs.
Wilson Dean says
Trump’s efforts to “act out” in this case appear designed to accomplish two objectives. First, he needs to do something to divert attention away from the very damaging evidence that emerges everyday—that he paid hush money to silence a woman he slept with and that he used business funds to make that payment. Each of these facts alone reveal how pathetic an individual he is. So he has no way to counter those truths other than to put on a clownish display to try to refocus everyone’s attention to a different topic (how, in his view, he is being unfairly prosecuted for political reasons).
Trump’s second objective is to keep his base engaged by emphasizing how the “deep state” judicial system is out to get him. Most of his base probably doesn’t care whether he is convicted or not, because he has spent the last eight years denigrating the court system along with any other government institution that has served to keep his authoritarian impulses in check. So by flaunting the gag rule in this case and continuing to try to antagonize the judge during proceedings, Trump is hoping to be held in contempt of court and even be convicted as a demonstration to his MAGA followers how “the system” is against him (and that they should be against that system).
Trump’s actions are all pretty much garden variety tactics that have been employed throughout history by a wide array of authoritarian leaders. The truly sad fact is that so many American voters continue to sheepishly follow his lead without ever using their own minds to independently evaluate the facts.
Charles Barranco says
Unfortunately, the Supreme Court is in Trump’s pocket. From what I’ve read today, the case, deciding presidential immunity will never be decided by any court. Apparently, The Supreme Court will now remand the issue of private versus official duties, to now, be decided by the lower court. “Ring Around The Rosie”!
Let’s hope the New York Court convicts and sentences him to 20 years. I wonder how quickly the Supreme Court would hear that case on appeal?
Nevertheless, anybody voting for Trump would be voting for a convicted felon, on Appeal, Of Course!
John Dean says
I agree with you on the Supreme Court. I listened to the arguments yesterday. The plan, apparently, is to remand to the lower court, an action that will push the case well past election day. A win for Trump.
I understand the legal argument for remanding the issue, but somehow, I think the court should consider the urgency of the matter and find a way for the trial to move forward.
Thank you for your comment.