By Jessie Seigel / April 15, 2024
Eric Fischel's poster given out at his London show on U.S. underbelly.
Come one, come all. The show is starting today. Finally, former president Donald Trump’s first trial has begun. No more stalling. No more delays. --Though the nation will surely be treated to histrionic tantrums as Trump continues to twist this way and that, trying not only to squirm away from the long arm of the law but use his rants to stir up his MAGA followers. His attacks on the judge, the DA, key witnesses, and others, as well as whining claims of persecution on a biblical scale, are bound to continue and likely to grow even more outrageous.
The trial, expected to last about six weeks, won’t be televised and photographers’ access to the courtroom will be limited. Nevertheless, much of the media will likely try their best to give us a spectacle more than rivaling the cynical song and dance musical Chicago. That effort already began with the deliberately misnaming of this as the “hush money” trial, even by those commentators who go on to explain it is really about election interference.
The hush money nickname will be followed, no doubt, by covering whatever may be the most salacious, juicy tidbits, or fireworks that can be extracted from such possible witnesses as former porn star Stormy Daniels (Stephanie Clifford), and 1998 Playboy playmate of the year Karen McDougal, not to mention Trump’s former so-called fixer, Michael Cohen. Trump, of course, is pleading not guilty and currently claims he wants to testify. Prediction: if he decides not to do so, he’ll probably declare that the court wouldn’t let him.
Before the circus gets fully underway, with its accompanying distractions, it could be useful to review what the case actually entails.
The Factual Allegations
Just before the 2016 election, Trump’s then-attorney Michael Cohen paid porn-star Stormy Daniels $130,000 to keep quiet about her claims of having had sex with Trump years earlier.
The prosecutors allege that, in order to pay Daniels secretly, Cohen opened a bank account for a shell company created specifically for this payment. He transferred $131,000 into that account from a home equity line of credit. And on October 27—two weeks before the 2016 election—Cohen wired the $130,000 to Daniels’ lawyer as quid pro quo for her silence about her alleged sex with Trump.
The prosecutors further allege that, after the election, former president Trump reimbursed Cohen for the Daniels payment through a number of monthly checks processed and recorded by the Trump organization as payments for legal services supposedly supplied in 2017 through a retainer agreement.
Cohen claimed that he made the Daniel's payment at Trump’s direction—which is plausible since Trump, through his company, reimbursed Cohen.
The Charges
Based on the facts alleged, Trump is charged with 34 counts of falsifying business records. These include: 11 counts involving the checks, 11 related to monthly invoices Michael Cohen submitted to the company, and 12 entries in the general ledger for Trump’s trust.
In New York State, falsifying business records is, by itself, a misdemeanor. But it becomes a felony if prosecutors prove that records were falsified to conceal another crime.
In this instance, the hush money payments are argued to have been illegal donations to Trump’s campaign.
And the manner of reimbursement to Michael Cohen is maintained to be tax fraud. That is, Trump’s company classified the repayment to Cohen as legal expenses, citing a retainer agreement. However, according to the prosecutors, there were no such expenses, and the retainer agreement was fictional.
Though much of the media persists in minimizing the case by referring to it as the “hush money” case, Fred Wertheimer, founder and president of Democracy 21, rightly told the Times, “This is not just a hush-money case, as it tends to be described.” He added, “The money was given to influence the 2016 election. In other words, the silence was purchased so [Daniels] would not provide damaging information in the closing weeks of [Trump’s] campaign.”
The charges against Trump are Class E felonies, carrying a maximum prison sentence of four years on each count. If convicted, such sentences could be imposed serially or concurrently. If concurrent, Trump would serve all his prison time simultaneously. However, he could also be sentenced to probation. If Trump goes to prison, he could serve his time at Rikers Island or in a state prison.
Jury Selection
The trial begins with picking the jury—12 jurors and six alternates. Judge Juan M. Merchan has said he will first excuse anyone who raises their hand to say they can’t serve or be fair and impartial. Then those left will be called upon in groups to answer 42 questions. Potential jurors will be known by numbers in order to keep their names secret from the public. However, the prosecutors, defendant Trump, and their legal teams will have access to the names.
Among the 42 questions are: whether the jurors follow the former president on social media, have ever worked for a Trump organization and have ever attended a Trump rally, or whether they have belonged to anti-Trump organizations or attended anti-Trump rallies. They will also be asked whether they are or ever have been supporters or members of six white supremacist and extremist groups, including the Proud Boys and Oath Keepers (whose members attacked the Capitol on January 6, 2021), the QAnon movement, and the far-left anti-fascist group called Antifa.
According to NPR, jurors will not be asked for whom they have voted or will vote. Nor will lawyers be allowed to question them about their political affiliations or campaign contributions.
Some Last Thoughts on the Beginning of the First Trump Trial
Much of the media is making a big deal of the fact this is the first time a former president has been criminally prosecuted. While this is factually true, one is tempted to reply, “So what?” Whether a president or a former president, Citizen Trump is a citizen like the rest of us, and it should not be considered an extraordinary event for him to be prosecuted for crimes he is accused of committing.
In addition, the New York Times has stated: “It’s an awkward incongruity–the case with what appear the more benign crimes is taking on an outsize importance by going first.”
The Times is wrong. If proven, these were not “more benign crimes.” Rather, they were just earlier crimes with a similar end goal: to get into the White House by hook or by crook.