How Trump uses courtroom machinations to his political advantage

The second week ends with the primary criminal trial of former President Donald Trump, by which New York state filed charges that he paid hush money to an adult film star. So far that’s Jury has been chosenbut no further proceedings were taken.

The Conversation US interviewed Tim Bakkena former New York prosecutor and now a legal scholar who teaches at West Point, and Karrin Vasby Andersona political communications expert at Colorado State University to seek out out what overarching themes they observed each out and in of the courtroom.

Is this process normal?

Bakken: It looks as if an abnormal process, but principally it’s a unprecedented process if we glance closely at some details. The very first thing that struck me was on the primary day when Judge Juan Merchan questioned 96 jurors. Fifty of them said they couldn't be fair to Trump. On the third day 48 of the 96 that day said the identical thing.

That doesn't bode well for a defendant in a jurisdiction where Democrats outnumber Republicans 9 to 1.

Furthermore, the judge didn’t take any precautions to mitigate the possible difficulties that such an objection would entail. If 50 out of 96 people raised their hands and said they couldn't be fair due to color of the defendant's skin, that may indicate an issue. In a trial, this problem is addressed by allowing the defense to ask jurors more questions and receive more categorical challenges, allowing them to dismiss a juror without having to clarify why.

There are already 10 allocated because it is a low-level felony trial. In other cases in New York there can be 20, for instance in a murder case. And it’s on the judge's discretion to extend that number. He could have done that on this case, but he didn't.

How fast does the judge move?

Bakken: Merchan told Trump he may not give you the option to attend his child's highschool graduation, scheduled for May seventeenth. This shows that the judge is moving quickly.

But in lots of cases in New York — for instance, on Fridays when a defendant, defense attorney or prosecutor is Muslim or Jewish — the judge will participate or all the break day. There might be no trial.

I feel the judge will let Trump attend the highschool graduation because otherwise it’d appear like he's treating Trump a little bit in a different way than other defendants.

What is most vital for the general public to know up to now?

Anderson: I feel it's vital for the casual observer who might wonder if being on trial for against the law will hurt Trump's presidential campaign to know that he’s strategically using the trial to his advantage.

Voters following the trial within the mainstream media are hearing from experts that the trials are relatively normal and the system is resilient to the unprecedented circumstances of this case.

But within the conservative media space, Trump is using the trial quite effectively as a campaign strategy, stoking the fears of his base and quoting pundits and hosts from Fox News, Newsmax and OAN repeating his account of the trial.

Trump has stated that being within the courtroom day by day is an obligation affects his ability to campaign. However, the Guardian reported that while he was in court, his Truth Social page was open Publish latest posts minute by minute.”

Looking through these posts, one sees a series of complaints concerning the case, interspersed with pro-Trump campaign messages and posts urging voters to be afraid of what he sees as rampant crime under Joe Biden's tenure as called President.

Taken alone, the campaign contributions are consistent with Trump's usual messaging. But when Trump overlays messages about crime with others about an allegedly corrupt justice system, the goal shouldn’t be only to heighten voters' fears, but additionally to inform voters that they must be afraid because powerful persons are after him and goal normal people next.

Trump also accuses his trial of undermining democracy. He posted a video In it, his close adviser Stephen Miller urged: “So when you hear them say that democracy is on trial, they are right.” Democracy is on trial. Freedom is on trial. The rule of law is under scrutiny. … If Donald Trump is convicted, all of those principles might be condemned and destroyed with him.”

This creates a quandary. If Trump shouldn’t be convicted, he can say he has been exonerated. If he’s convicted, he’ll simply fall back on the charge that a normally functioning courtroom undermines justice and democracy – not his actions or the actions of his campaign.

If Trump only posted on his social media account, it wouldn't be nearly as influential. But Fox News, OAN and Newsmax are really acting as proxies for his campaign. Since A big a part of the country pays attention to this media space, that may be a really consistent campaign strategy. It is smart of him to make use of the court process in this fashion.

Is anything Trump says a sound criticism or statement?

Bakken: The New York District Attorney has decided to prosecute Trump on this case. He didn't must. It appears undeniable that Trump filed or created fake business documents. This is a misdemeanor. And on this case, the statute of limitations for misdemeanors had already expired when the district attorney filed the fees. But the prosecutor selected to say the acts were related to a different crime, making them felonies.

Anderson: The allegations even have a context. Perhaps no other business owner can be prosecuted for this filing. But that's only half the issue. Donald Trump wouldn't be in trouble for filing this paperwork if he hadn't done it to allegedly illegally influence an election.

I feel this is definitely why Trump is pushing his “election interference” narrative so aggressively. He knows that the allegations against him are literally more about violations of campaign finance laws and his conduct in an election than a particular business matter.

Bakken: In the last week or so, it got here out that Merchan had supported Democratic candidates up to now, including President Biden. According to reports, it was a total $35, which seems very minimal. But New York University professor Stephen Gillers, one in all New York's leaders in legal ethics, said it was a violation of legal ethics, at the same time as he said it was more likely to be the case just price a warning and never the removal from the housing.

What does the method mean up to now for politics or the 2024 presidential election?

Anderson: I feel the media must report the facts on all sides of this process. But I worry that it may not be as consequential as many individuals who follow it’d think Undecided voters have unsubscribed from political news in total.

Bakken: The trial highlights a unprecedented level of political antagonism between the parties and in addition a unprecedented reluctance of people that aren’t inclined to party politics to shield and protect themselves.

The individuals who tune out will not be strong political supporters of 1 side or the opposite, but reasonably the individuals who can be neutral in the event that they gathered all the data. They might be the moderators, the gullible, mediocre individuals who may help bridge the gap between political combatants.