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On Monday, former US President Donald Trump went to court, making him the first ex-president in US history to face criminal charges. This is a significant moment for the United States, as the Republican nominee campaigns to reclaim the White House. Trump, who is now 77 years old, is accused of falsifying business records to cover up an alleged sexual encounter with adult film actress Stormy Daniels.
The scandal is known as the "hush money affair", and it is only one of four criminal cases that Trump is facing. Some legal experts suggest that it is the least serious of the four, but the possibility of Trump becoming a convicted felon and facing jail time is unprecedented and throws an unpredictable element into the already contentious election.
Trump is running on a platform of "vengeance" against Democratic President Joe Biden, who defeated him in 2020. Trump has said that he will take the stand in the case, which is an unusual and often risky move for defendants. He claims that there is no misdemeanor, felony, or federal crime, and that he has been indicted more than the infamous gangster Al Capone. However, before Trump can testify, the trial will start on Monday with a lengthy and contentious process of selecting 12 jurors and their alternates.
The jurors, who are ordinary citizens, must answer a questionnaire that includes checks to see if they have been members of far-right groups. The charges against Trump revolve around highly technical finance laws. He is accused of illegally covering up payments to his longtime attorney and fixer Michael Cohen, who was using the funds to pay Stormy Daniels to keep quiet about the alleged sexual encounter in the final weeks of the 2016 election campaign. A New York grand jury indicted Trump in March 2023 over the payments made to Daniels, whose real name is Stephanie Clifford. The ex-president is charged with 34 counts of falsifying business records, but he denies the charges.
Trump alleges that this is "lawfare" and election interference by his political opponents. He also claims that he will not receive a fair trial in heavily Democratic New York. However, the real estate magnate and longtime reality TV show star is using the trial as an unlikely campaign boost, portraying himself as a victim and using supporter outrage to fundraise. Even if convicted, Trump would be able to appeal and would not be barred from continuing to run or even being elected president on November 5.
Trump has three other criminal cases against him, including allegations of hoarding top-secret documents in Florida after leaving the White House and involvement in attempts to overturn the 2020 election. All three cases face multiple delays. In the New York case, Trump has repeatedly failed to secure meaningful delays, and Judge Juan Merchan has signaled he will run the trial with a firm hand. Last week, the judge extended an existing gag order to cover family members of the judge and Manhattan District Attorney Alvin Bragg, the lead prosecutor, after Trump lashed out at Merchant and his daughter in a series of posts on Truth Social.
University of Richmond law professor Carl Tobias says, "The American people and many voters do consider whether a jury concludes that Trump is guilty of engaging in criminal misconduct. This finding might influence how they vote this November." In New York, where Trump has been a fixture for decades as an entrepreneur, celebrity playboy, politician, and now criminal defendant, there is little sympathy. Caregiver Alberto Vasquez, 45, says, "I don't know if he'll get a fair trial, but whatever happens, he caused it himself."
