Former U.S. President Donald Trump Faces Criminal Trial on Multiple Charges
In a stunning turn of events, former U.S. President Donald Trump is set to face a criminal trial on multiple charges. This trial, scheduled to begin on March 25 in room 1530 of Manhattan Criminal Courthouse, is unlike any other in American history. Melissa Murray, a constitutional law professor at New York University School of Law, describes it as a defining moment for the American legal system. She states, “We’ve never been in a situation like this where we’ve been faced with the prospect of holding a former leader to account.” Andrew Weissmann, a criminal procedure professor at NYU, agrees, saying that this trial is comparable to other defining moments in American history such as the promulgation of the Constitution and the Civil War.
Trump is no stranger to the legal system, having faced civil judgments that could cost him nearly half a billion dollars. However, what makes this trial particularly significant is that he is facing a staggering 91 criminal charges spread across four different courtrooms. These charges include falsifying business records in New York, conspiring to overturn the 2020 election in Washington, D.C. and Georgia, and keeping classified documents at his Mar-a-Lago property in Florida. The stakes are high for Trump, as he not only risks financial consequences but also potentially his freedom.
The fact that there are four indictments against Trump demonstrates an appetite for accountability within the legal system. However, there are doubts about whether the American legal system can handle such a high-profile case. Murray believes that this trial will determine if Trump is too much for the legal system to handle. There is a significant portion of the country that questions whether he will receive a fair trial. Robert Ray, a former federal prosecutor who successfully defended Trump during his first impeachment, expresses concern about the public’s perception of fairness. He states, “What federal prosecutors want is … the public to come to accept that the defendant was afforded fairness. I think there’s a good percentage of the country right now that doesn’t believe that.”
In an effort to provide an impartial guide to “The Trump Indictments,” professors Weissmann and Murray have assembled a comprehensive analysis of the facts surrounding the criminal cases. Their guide begins with the case being heard in Washington, D.C., which they believe contains the most serious charges. Last August, special counsel Jack Smith charged Trump with conspiring to interfere with the results of the 2020 Presidential election. The indictment alleges that Trump knowingly made false statements about election results and cites his social media posts as evidence. One particular tweet from December 3, 2020, falsely accusing Democrats of ballot stuffing, is highlighted in the indictment.
Trump’s lawyers argue that his statements were protected by the First Amendment, claiming that he was exercising his right to free speech. However, Weissmann, a former prosecutor, counters this argument by stating that there is no First Amendment protection in a criminal case. He compares it to a scenario where someone robs a bank and uses speech to demand money. None of that speech is protected. Smith is seeking a speedy trial, but Trump’s lawyers have been successful in causing delays. Trump’s claim of presidential immunity from prosecution has been a significant point of contention, with the Supreme Court agreeing to hear arguments on the matter in April.
Trump’s ability to delay and defer legal proceedings has been compared to tactics used by his controversial former attorney Roy Cohn. As presidential historian Douglas Brinkley notes, Trump has mastered the art of stalling and never admitting defeat. However, despite his efforts, Trump has been unable to delay or dismiss the case brought against him by the Manhattan District Attorney’s office. The district attorney alleges that Trump falsified records to hide election fraud, specifically involving hush money paid to Stormy Daniels. While some question the strength of the case, Trump’s former lawyer Michael Cohen was convicted of similar charges in 2018.
The trial in New York will be closely watched, with jurors likely remaining anonymous and no cameras allowed inside the courtroom. Unlike his previous civil trials, Trump will be required to be present in court instead of on the campaign trail. Murray emphasizes that this trial is about defending Trump’s rights and allowing him to mount a vigorous defense. However, Trump’s tendency to hold court outside the courtroom and use the trial as part of his campaign strategy is expected. Manhattan District Attorney Alvin Bragg has already requested a partial gag order to prevent Trump from influencing public opinion.
The timing of these trials, just months before a presidential election, has raised concerns regarding the potential impact on the electoral process. Former federal prosecutor Robert Ray argues that having four pending indictments during an election cycle is an undesirable outcome. However, Murray believes that American jurors are capable of setting aside their political affiliations and performing their civic duty. She states, “I think very few jurors go in there like, ‘I’m a Democrat.’ ‘I’m a Republican.’ I think they go in there like, ‘I’m a juror, and I’m an American, and this is my civic duty.'”
As the criminal trials loom over Trump’s future, the country waits with bated breath to see how the legal system will navigate this historic moment. The outcome of these trials will have far-reaching implications not only for Trump but also for the American justice system’s ability to hold former leaders accountable.
