Established in 1911 at St. Lawrence University
Established in 1911 at St. Lawrence University

A Trial of a Former President

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The most tell-tale signs of a quickly-approaching U.S. presidential election, other than the influx of outcry surrounding immigrants, are the faces of the Presidential hopefuls plastered on the front page of the news. The incumbent president and the nominee from the Democratic party, Joe Biden, was recently seen flying across the country, hoping to sway some more voters to his side in the next few weeks through campaigns in Virginia and Florida after spending three days in Pennsylvania. His opponent from the Republican Party, former President Donald Trump, has also been making headlines. The extensive coverage of him, however, is not quite the campaign footage one might expect. In a criminal trial taking place in New York, Trump, has been charged with 34 counts of fraud related to the hush money paid to adult film actress Stormy Daniels before the 2016 U.S. Presidential Election.   

News outlets and political experts have highlighted the unprecedented nature of the trial. During its coverage of the first day, the Associated Press noted, “For the first time in history, prosecutors presented a criminal case against a former American president to a jury.” Trump has been involved in two separate New York trials before, though this is his first criminal trial. His defense has pleaded not guilty, arguing that the allegations do not constitute criminal charges. Key testimonials include individuals working closely with Trump during his presidency, including the prosecution’s assumed star witness, Michael Cohen, his attorney from 2006 to 2018. It was Cohen who had made the payment on Trump’s behalf to Daniels prior to the election.   

Opening statements on Monday from the prosecution stated that while hush money was not illegal, Trump committed a crime by improperly recording the money he used to reimburse Cohen as a legal expense during his presidency. His actions were deemed as “election fraud,” because as money was used to help a presidential campaign, but not disclosing it violates federal campaign finance law. Prosecutor Matthew Colangelo stated that the incident in 2016 was a scheme to silence people from coming forward with stories that Trump feared would hurt his campaign. The defense, on the other hand, alleges that Trump’s actions were not political but an attempt to protect his family from a smear campaign. Trump himself sought to downplay accusations by referring to them as mere “bookkeeping.” The trial will continue to bring in questions regarding the interpretation of laws and constitutional provisions. Issues regarding executive privilege, the scope of presidential powers, and standards for impeachment and conviction will also be raised.   

The air of hostility, both in and out of the confines of one of the only three jurisdictions in the country that bans nearly all audio and visual coverage during trials, was palpable. On Tuesday, prosecutors alleged that Trump was violating a gag order that barred him from using social media to attack witnesses. Prosecutor Chris Conroy noted that they were not seeking to arrest him for such actions. The prosecution also alleged that the defendant made the violations in an act of provocation, knowing that such conduct was not allowed and transgressing that barrier anyway. Although there were a handful of supporters standing outside the courthouse on Monday morning, it appeared that Trump made an attempt to stir his base on Truth Social, his social media platform, crying, “Go out and peacefully protest, rally behind MAGA. Save our country!” Republican strategists stated that his core supporters were unlikely to be deterred from voting for him, having grown accustomed to his apparent disregard for the due process.   

His attempts at swaying crucial swing voters might be complicated in the process, however, and the threat of the trial taking time and money away from his campaign looms large. Elsewhere, the polarisation among voters is noted in a poll conducted by Siena College. Among the registered voters who polled, 60 percent said they were paying attention to the court proceedings. 54 percent believed that it was legitimate, and 30 percent deemed it a “witch hunt.”   

Reactions of the Democrats to the trial, however, remain somewhat muted. President Biden, in his speech at Tampa, pivoted towards addressing abortion rights. Experts believe that the air of silence might be a strategy to distance himself from allegations of government interference in the courtroom. Among the Democrats, it seems to be that the trial itself will cause ample damage to the former president’s campaign, although there are suggestions that they should take a more vocal stance as November draws even closer. Some stress the urgency of the issue, highlighting the need to sway voters who may have forgotten about their experiences during Trump’s presidency. It remains to be seen what narrative eventually prevails and the extent to which this trial, so heavily publicized, affects how the elections will turn out in almost six months.   

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