Trump’s N.Y. criminal trial to be a milestone in American politics
Donald Trump is poised to become the first former U.S. president to face a criminal trial, a watershed moment for American democracy as the Republican nominee fights a divisive battle to retake the White House.
The New York trial starting Monday over the alleged falsification of business records to avert a sex scandal during Trump’s 2016 run is one of four criminal cases against the former president, but it’s the only one set to go to trial before his November rematch against President Joe Biden.
The trial is an extraordinary moment even for Trump, raising the prospect that he could become a convicted felon before a single vote is cast. It also risks further inflaming tensions between Americans who see Trump as a serial offender and those who agree with his claim that he’s a victim of a Democratic “witch hunt.”
Manhattan District Attorney Alvin Bragg’s case is focused on “hush money” payments to porn star Stormy Daniels to keep voters in the dark about alleged affairs before the 2016 election. It is widely seen as the least consequential of Trump’s four criminal prosecutions, but a conviction would nevertheless put his freedom at risk and raise doubts about his ability to lead the nation.
The 77-year-old former president has pleaded not guilty to the charges and faces as many as four years behind bars. The charges don’t bar him from running for or becoming president. Yet the prospect that he could be convicted and sentenced to jail could trigger a political crisis.
A conviction would also force the U.S. legal system to wrestle with unprecedented questions, including whether Trump could be sent to prison while he’s campaigning, and, if he wins, when exactly he would serve his time.
A spokesperson for Trump’s campaign said the trial represents a “failing election interference strategy” by Democrats
“to try and keep President Trump away from campaigning by confining him to a courtroom.”
Trump is required by law to attend the trial each day in a Lower Manhattan state court. The scenario will create split-screen moments, in which Trump will be in the spotlight as presidential candidate and criminal defendant.
The proceeding is expected to last for six to eight weeks. Jury selection alone, which kicks off
Monday, could take days, if not weeks. In trial by day, Trump will be free to campaign when the court is dark: nights, Wednesdays and weekends.
But the courthouse also offers Trump a powerful platform from which to communicate with his base. The hallway outside the courtroom will be home to television cameras and reporters for weeks, giving the mediasavvy former reality television star free air time to publicly defend himself while spreading his campaign message.
Judge Juan Merchan has issued a gag order barring the former president from commenting on jurors, prosecutors and potential witnesses, citing threats to their safety. The order puts Trump at risk of fines and even jailing if he violates it. Trump has a history of flouting court orders.
The hush money trial will revisit Trump’s 2016 bid for the White House. The indictment includes 34 counts of falsifying business records, which is normally a misdemeanor. But Bragg argues that the hush money payments amounted to campaign finance violations, elevating the charges to felonies.
Bragg’s decision to charge Trump last April supercharged his White House campaign. Trump consolidated voter support and surpassed his Republican primary rivals in the polls, clinching the GOP presidential nomination in March.