Illustration by Michael DiMilo
By Geoff Carter
America has always been fascinated with our justice system (observing it that is, not being enmeshed in it). Our popular culture media machine has produced everything from TV lawyers like Perry Mason to Matlock to Jack McCoy to courtroom reality series like Judge Judy, Judge Mathis, Judge Hatchett, or Texas Justice (this last one sounds truly frightening). Even The Jerry Springer Show with its structure of the audience judging the bad behavior of participants is sort of—it could be argued—a court show.
And of course, real-life criminal trials have always captured the imagination of the viewing public. Celebrity trials of notorious killers like O.J. Simpson, Alex Murdaugh, Ted Bundy, the Menendez Brothers, or the Loeb and Leopold cases have intrigued—and appalled—us. There is a bit of the ghoulish attached to this fascination, like slowing down to gape at a traffic accident, but there’s more to it than that. Thanks to our jury system, even the seemingly most open and shut cases are unpredictable. Who would have guessed that with the mountains of evidence against him, that O.J. Simpson would be declared not guilty of the murders of Nicole Brown Simpson and Ron Goldman? Or that Lizzie Borden would be found not guilty in the murder of her parents?
Now we are faced with possible one of the most notorious court cases in American history. A former President of the United States is on trial for fraud and election interference, allegedly paying $130,000 in campaign funds to porn star Stormy Daniels in order to buy her silence concerning their sexual relationship and, as a result, to ultimately interfere with the outcome of the 2016 presidential election. By some standards, the charges in this hush money case might pale in comparison to the more heinous crimes of a Dahmer or a Bundy or a Murdaugh or even a Madoff, but there are layers of complexity in this case that promise to make it one of the most sensational in our country’s history.
The State of New York -vs- Donald J. Trump is the first time an ex-president has ever been charged with a crime, let alone put on trial for a felony. This last week, Judge Merchan, nonplussed by Trump’s attempts to delay, defer, or derail the trail, completed the jury selection process. Twelve New York City residents, as well as six alternates, were seated to stand in judgement for the ex-president.
The difficulties inherent in being a juror on this case were evident from the voir dire process. Covered in excruciating detail by the media, prospective jurors’ workplaces, gender, race were disclosed to the public. Some of them found themselves harassed by friends, co-workers, and family who suspected they might have been selected. Many begged off jury duty precisely because of this fact. Others deferred because they feared for the safety of themselves and their families. This is a man who will stop at nothing to further his own ambitions. He does not seem to fear the legal system, and is, in fact, a master of manipulating it.
Donald Trump has been charged in Florida for illegally possessing classified documents, in Georgia for conspiracy and election interference, and in Washington D.C. with conspiracy to defraud the United States and an attempt to obstruct an official proceeding—charges stemming from the January 6th Capitol riot. Up to this point, he has been able to delay these other proceedings with countless motions, appeals, and other obfuscations. So far, these tactics have worked.
Ex-president Trump has also used social media to intimidate witnesses and court staff. He has posted rants targeting court staff and their loved ones—recently including Judge Merchan’s daughter—she received countless threats from his loyal—and sometimes rabid—followers. This has resulted in a series of gag orders—which Trump has scoffed at. Judge Engoron, who ruled against Trump in the New York City fraud case which resulted in fines totaling over $500 million dollars, installed a gag order on him because Trump singled out his clerk of courts. Threatened with a fine, Trump simply shrugged and did it again. And again. This has been a pattern over his entire battle with the justice system. No wonder some jurors balk at the possibility of incurring his wrath a guilty verdict. They know Trump could unleash his violent minions at any time and that, despite the assurances of the court, their identities are probably not secure.
This is no normal defendant. Trump has set himself above the law. He scoffs at fines, ignores gag orders, and continues his attempts to intimidate the courts, the prosecutors, the media, and even the jury. He is not fighting the criminal charges leveled against him; he is attacking the entire justice system. He rarely says he’s innocent but never tires of complaining that he has been singled out, that the charges are a witch hunt, and that the felonies he is charged with are the result of political vindictiveness. This strategy of playing the victim has served him well. His followers seem even more dedicated to him because of it.
The stage is set. On one side, we have a seasoned prosecutor presenting a very strong case detailing Trump’s alleged plot to pay off a porn star he had sex with. Michael Cohen, Trump’s former attorney and fixer will testify against him. Other members of the ex-president’s inner circle will also detail the payoff and the cover-up.
On the other side, we have a defendant who—for the most part—has up to this point been able to evade serious consequences for his actions. He has had to pay substantial funds in the New York City real estate fraud ruling and in the E. Jean Carroll civil action, but Trump has so far evaded the long arm of the law. He tries to frighten and intimidate his opponents. He blows up in court and refuses to obey the orders from the bench. He is a powder keg with a lit fuse, a man with seemingly little or no restraint, and an accident waiting to happen. He can and will do anything.
Cameras will not be allowed inside this courtroom. Thank God. With the tape rolling, Trump might feel compelled to do anything to appeal to his base. Besides the usual suspense of following the drama of a courtroom showdown, this trial has much more riding on it. Will the justice system hold up against the constant abuse and accusations by the defendant? Will the jurors stand tough and be able to complete their civic duty without being cowed by threats from the defendant? Will Trump testify?
And, most importantly, will this man who has rarely faced the consequences for his actions, finally be held accountable for crimes against the state. Or will he get away with it? Will the adage that no one is above the law be upheld? Or will he get away with it? And if he does, will our country ever be the same?
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