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.
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