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Trump Convicted! Act One is Done. What's Next?

By Jessie Seigel / June 2, 2024


Anti-Trump protesters


Finally, some small modicum of justice has been rendered. Last Thursday, former president Donald Trump was found guilty of 34 felony counts of falsifying business records with the intent to defraud.


The jury convicted in record time—only a day and a half. They began deliberations at midday on Wednesday and told the Judge, Justice Juan Merchan, that they were ready with their verdict on Thursday at about 4:30.


There had been much fear and speculation among media analysts concerning the complexity of the charges, and what effect the direct examinations and cross-examinations would have on the jury. But considering the speed of the verdict, those 12 good citizens and true found proof of Trump’s guilt cut and dried.


As Maryland Congressman Jamie Raskin put it in an MSNBC interview, the jury “vindicated common sense.”


Many in the media had also minimized this case as small potatoes, suggesting that one or more of the other three criminal cases against Trump (two federal and one in a Georgia state court) are more important and should have gone to trial first.


If only “wishing” made it so.


But Trump’s court appointees and state Republican minions are using every tool at their disposal to prevent those cases from ever coming to trial.


Judge Aileen Cannon is delaying the federal case in Florida concerning Trump’s theft and refusal to return classified documents to the government.


The Supreme Court is holding up the federal case in Washington DC concerning Trump’s involvement in the January 6, 2021, coup attempt by taking up the ridiculous claim that he has total immunity for any crimes he committed as president. And they are pushing a decision on that claim as far into the future as they can. When they finally do act, it’s not impossible that Trump’s six hacks on the court could find that he does have immunity.


In Georgia, Trump is charged with unlawfully conspiring to change the election outcome based, among other actions, on his taped attempt to coerce the Secretary of State into “finding” additional votes for him. There, Republicans in the state legislature are doing their best to harass the prosecutor and get her removed from the case.


It would have been ridiculous for New York to wait for these stymied cases before going forward with its prosecution. Whatever case was ready first was meant to go forward first.


But even more important—those who suggest that these document fraud felonies were de minimus are wrong. If these felonies are the so-called least of Trump’s crimes, it is only by comparison with the treasonous actions at issue in the other three cases.


In this case, the falsified business records were meant to conceal repayment to Trump’s attorney “fixer” Michael Cohen of the $130,000 hush-money he paid to porn-star Stormy Daniels on Trump’s behalf. Cohen’s payment to Daniels was made to silence her in order to influence the outcome of the 2016 presidential election. (That is, to prevent a scandal that could have scuttled Trump’s campaign). Instead of recording it as reimbursement for a payment to further the campaign, the reimbursement to Cohen was unlawfully disguised as a series of retainer fees.


Like the efforts to steal and/or overthrow the 2020 election, the business record falsification was an important part of Trump's illegal schemes to influence the 2016 election. Thus, the actions for which Trump was convicted in this case were part of the pattern of his unlawful efforts to destroy our democracy, and just as important as the other three.



WHAT’S NEXT FOR TRUMP


Defendant--now felon--Donald Trump, in the courtroom.


Trump is scheduled to be sentenced on July 11. He could receive as much as four years in prison or as little as home confinement or probation. If prison, the law provides four years for each count, but he’d probably serve them concurrently—so only a possible total of 4 years, not 136 (that is, not 4 years times 34 counts).


Before sentencing, the New York City probation department is to conduct an interview with Donald Trump and make a sentencing recommendation to Justice Merchan. A pre-sentencing report’s recommendation generally is based on the defendant’s criminal record, his or her personal history, and the particular crime.


According to the New York Times, at the pre-sentence interview, a psychologist or social worker working for the probation department may talk to Trump, giving him an opportunity to suggest why he deserves a lighter punishment than prison. Should one be laughing at the thought Trump could remain civil enough to manage that? Or should one be rolling their eyes?


Felons on probation are required to regularly report to a probation officer and are barred from associating with other criminals.


This would be a high bar for Trump since so many of those involved in his current campaign, or possibly in a future Trump administration, are convicted criminals--Steve Bannon, Peter Navaro, Paul Manafort, Roger Stone, and Allen Weisselberg, to name only a few.


Trump could also be sent to jail immediately without further process if he is later found to have committed additional crimes—something that would put him in jeopardy if any of the other three cases ever do come to trial.


On the other hand, some pundits speculate that because he is running for president and because of the logistics of the Secret Service providing protection, Trump will never see the inside of a cell. But to reject an otherwise proper sentence for these reasons would make a mockery of the justice system.


In any event, whatever the sentence, it could be delayed while Trump appeals the conviction through New York state’s court system.



WHAT’S NEXT FOR THE NATION'S DEMOCRACY


The January 6, 2021 insurrection. Is the United State headed for a sequel to it?


No sooner had Justice Merchan delivered his final jury instructions, then Trump started in again with his attacks, calling Merchan corrupt and claiming the “charges are rigged.”


Later, while the jury was still deliberating, Trump shouted in capital letters on Truth Social: “I DON’T EVEN KNOW WHAT THE CHARGES ARE IN THIS RIGGED CASE. I AM ENTITLED TO SPECIFICITY JUST LIKE ANYONE ELSE. THERE IS NO CRIME!”


Perhaps if Trump had kept his eyes open during the trial instead of trying to escape his situation by shutting them, he would know what the charges were. They certainly were stated. And surely his attorneys must have attempted to explain them to him.


Once the verdict was issued, Trump railed: “Our whole country is being rigged,” and America has “gone to hell.” In emails sent out by his campaign, he had the temerity to describe himself as “a political prisoner.” He also declared: “Our whole country is being rigged right now…this is being done by the Biden administration in order to wound or hurt a political opponent.”


I am reminded of a line from the Edward G. Robinson film, Little Caesar: “He can dish it out, but he can’t take it.” Trump has been, by a jury of his fellow citizens, convicted of 34 felonies, based on solid evidence. Someone, somewhere, should tell him to stop his whining and take his medicine like a man.


But of course, Trump’s ranting is meant to instigate violent action by his followers against his perceived enemies. He is fomenting his next coup attempt.


And his political cronies have lined up to repeat his noxious lies verbatim--as if repeating his lies over and over will make them true. But it has worked for them in the past and no doubt some of Trump’s foot-soldier followers are willing to swallow his swill again.


According to Reuters, Trump supporters swamped the three Trump-aligned websites, Truth Social, Patriots.win, and Gateway Pundit with “calls for riots, revolution, and violent retribution.”


Some cried out for attacks on jurors, execution of the judge, or civil war and insurrection. After the verdict, one poster on Gateway Pundit, wrote, “Time to start capping some leftys.”


A poster on Patriots.win wrote “1,000,000 men (armed) need to go to Washington and hang everyone. That's the only solution.” Another added: “Trump should already know he has an army willing to fight and die for him if he says the words...I’ll take up arms if he asks.”


On Gateway Pundit, a commentator urged killing Democrats: “AMERICA FULLY DESTROYED BY DEMOCRATS. LOCK AND LOAD.”


Reuters suggests that these calls for violence or insurrection “fell short of the legal standard for a prosecutable threat” because that usually requires evidence that the comment show a “clear intent to act or instill fear, rather than simply suggesting a frightening outcome.” Since these comments are clearly intended, at a minimum, to instill fear, what must be missing is a particular individual target for that fear.


Amy Cooter of the Middlebury Institute of International Studies’ Center on Terrorism, Extremism and Counterterrorism told Reuters, “I do think a lot of these folks have been looking for an excuse to maybe mobilize for a while.” She added, “I hope I’m wrong. I’ve said for a long time, though, that I would not be shocked to see violence result from a guilty verdict, either directed toward the jurors or others connected to the case.”


As Betty Davis acerbically declared in the film All About Eve: “Fasten your seatbelts. It’s going to be a bumpy night.”


What were the choices here? Try the case, convict based on the evidence, and face the possible violence Trump and his fascist cronies solicit in response. Or not try the case because of fear and intimidation? That would be capitulating to fascism without even a struggle.


Republican obstruction, Machiavellian manipulation, inflammatory lies, and other skullduggery are sure to continue. Given this fact, the New York verdict may seem a very small victory in a prolonged, exhausting war.


But one must celebrate the victories as they come.


One should take a moment to relish the sense of relief that a small amount of accountability has occurred. Feel some gratitude to the brave judge, prosecutors, and jury who did their duties regardless of threat. And give thanks that, in this instance, the justice system worked as it was meant to.


Then, get to work to ensure that in November the electorate—as did this jury—will vindicate common sense.

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3 Comments


Guest
Jun 03, 2024

Very thoughtful and well written, Jessie.

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Guest
Jun 04, 2024
Replying to

Thank you very much! Jessie

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Guest
Jun 03, 2024

good article

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