Trump swaps bluster for silence in hush money trial
NEW YORK — Donald Trump isn’t known for letting slights pass.
Yet for weeks, the famously combative presumptive Republican nominee has sat silently — to the point of sometimes seeming asleep — in a sterile Manhattan courtroom amid a barrage of accusations and insults.
There were the times his former fixer-turnedchief prosecution witness was quoted calling him a “boorish cartoon misogynist” and a “Cheeto-dusted” villain who belonged in a “cage, like an animal.” There were the graphic details relayed by a porn actor about the night she claims they had sex. And there were lengthy descriptions of what the prosecution argues was an illegal scheme to conceal hush money payments to salvage his then-flailing 2016 campaign.
Through it all, even as he and his allies attacked the case outside the courtroom, Trump has spent the majority of his time as a criminal defendant sitting nearly motionless for hours, leaning back in his burgundy leather chair with his eyes closed. He ultimately chose not to testify in a case that made him the first former president in the nation’s history to stand trial on criminal charges.
Closing arguments in the case are scheduled for Tuesday, after which a jury will decide whether to make him the first former president and major party nominee convicted of felony charges.
Trump’s demeanor inside the courtroom has been a notable departure from the fight-at-all-costs persona that has defined him through decades of public life, fueling his transformation from a New York tabloid fixture to a onetime — and possible future — president.
And it has been at least partially strategic, according to people familiar with Trump’s approach who spoke on condition of anonymity to discuss the case. Trump’s attorneys have warned him that behaving as he did in his previous trials — where he tangled with judges and stormed out — could damage his standing with a jury that is likely watching his every move and will determine his fate.
Acting out, he appears to have concluded, is not in his best interest, particularly as he faces the risk of imprisonment if he’s convicted.
Trump has also been able to speak several times a day to a gaggle of media camped outside the courtroom, giving him an outlet to vent his frustrations and get his message out. Facing a gag order that prohibits him from criticizing witnesses, his campaign has assembled a host of supporters — from vice presidential contenders to the House speaker — to deliver those attacks instead.
But the approach comes with its own risks. Some former prosecutors and attorneys who have been closely following the case said that while disruptive behavior could prove detrimental to the jury, there’s also a risk of Trump appearing too disengaged.
“What you want is for your client to look attentive, respectful and look like nothing is bothering him — but also not falling asleep,” said Randall D. Eliason, a former assistant U.S. attorney who for years specialized in whitecollar crime.
Eyes wide shut
Trump has repeatedly denied reports from journalists watching him via closed-circuit television that he is sleeping in court, insisting on his social media site that he simply closes “my beautiful blue eyes, sometimes, listen intensely, and take it ALL in!!!”
“No, I don’t fall asleep,” he told Telemundo Miami. “I sometimes will sit back, close my eyes. I hear everything perfectly. At some point I may fall
asleep. But I will let you know when that is.”
Eliason said Trump’s demeanor was “definitely” something jurors would notice and could potentially perceive as disrespectful if they feel ”he’s acting like it’s not even worth his attention” or think he’s taking a nap.