Donald Trump made history Monday in New York as the first American ex-president ever to face trial for a felony. Trump himself said he “was honored” to be in court Monday, which was curious given that he characterized the trial as a witch hunt, blamed it on Joe Biden, and cried, “Election Interference!”
As I watched the proceedings on MSNBC, I was disgusted. The Morning Joe personalities seemed happy to see Trump in court. They ridiculed his ridiculous statement made before entering the courtroom. They speculated what embarrassing evidence would surface during the trial and seemed happy about the possibility of Trump receiving a jail sentence.
I wondered, even though I want Trump to lose in November, why would I be happy to see him in jail? If Trump is convicted, his sentence would be too much or too little. Both sides will claim political favoritism. Trump himself will claim “victory” if the jury fails to reach a verdict or if Trump’s sentence is suspended. Trump will also use his prosecution to raise funds for his presidential race and to pay for the other trials he may face this year or later.
Regardless of your view of Trump, it is sad for an ex-president to face jail time. This is not to say that Trump should not have been indicted. If you commit the crime, you should do the time. But the spectacle of a grim-faced Trump facing a trial for paying hush money to kill a story of his affair with a porn star is sordid. The sad fact that the country elected a man who had affairs with Stormy Daniels and the Playboy Playmate McDougal suggests that something is wrong with the Constitution and with how our democracy has evolved.
The Trump prosecutions are shaking our faith in our judicial system and, to a significant extent, democracy.
Trump has promised to testify at the trial. Given his penchant for lying, his lawyers are likely to prevent that. If he did testify, however, I would expect him to use the opportunity to blast the judge, prosecutor, the Justice Department, and Joe Biden again. Trump would see it as an opportunity to get free airtime to broadcast a message to his base. I find that depressing.
Although I am a lawyer and ought to know better, I think that Trump ought to be gagged if he engages in conduct demeaning to the court. (Of course, Trump might be hoping he is “gagged” so he can claim a mistrial.)
I tend to dismiss everything Trump says. For example, Trump’s suggestion that Iran would never have sent 300 drones and missiles to Israel if he were president is nonsense. But Trump may have a point about election interference. Trump will likely spend 15, 20, or more days in court in the coming weeks instead of campaigning. That shouldn’t happen, but that doesn’t mean he should not be tried despite being an active presidential candidate. Trump should have quit the race once he was indicted. That’s what a decent human being would do.
Trump will not be quitting his quest to return to power. He has to finish the race and win the presidency to avoid jail. If you can believe the legal pundits on MSNBC, CNN, and a few other channels, Trump is guilty and most likely will be tagged with at least one conviction by November 5, 2024.
If all were right with America, a criminal indictment would have ended Trump’s 2024 presidential quest. It didn’t. Trump’s supporters think Trump should pardon himself on January 20, 2025, and initiate retribution against those who indicted and prosecuted him. What are these people thinking?
The start of the Trump trial eclipsed news coverage of Iran’s attack on Israel. Amazingly, Israel, the U.S., and others shot down 99 percent of the missiles launched by Iran. Had that not happened, the day’s news would be “World War III has started.” Unfortunately, the first Iran attack may not be the last. As Israel contemplates a retaliatory measure, Iran is most likely exploring how to deal a more devasting blow to Israel. As this happens, President Biden is walking the tightrope between support for Israel and trying to avoid a world war. At the same time, too many of us are watching the Trump trial.
Yes, history was made this week as the Trump trial began. This is a sad time for America. Trump must be held accountable but holding him accountable complicates the sacred process of electing a president. Prosecuting Trump might help him get elected. Those two things are one reason that the hush money trial is historic. It is also a reminder that much of history is tragic.
J.E. Dean is a retired attorney and public affairs consultant writing on politics and, too infrequently, other subjects.
Gren Whitman says
Will the jury for ex-president Trump’s election interference trial in New York decide that the prosecution has proved beyond reasonable doubt that Trump falsified business records with the intent to commit another crime?
If so, they should convict him on the felony charges and Sayonara, Donald.
John Dean says
Agreed!
Thank you for reading the piece.
Thomas Timberman says
There’s a generally unmentioned fact, that encourages too many people to consider Trump’s on-going trial “just sex”. No, it was about winning the 2016 election. He and his advisors believed the two women’s stories if made public, coming on the heels of the Hollywood tape, might cost him some votes. And who knows, maybe it would. Thus, he told his fixer to take care of stormy and Ms McDougal, which he did. However, sensitive to the appearance of reimbursing his fixer for paying off his sex partners, he lied. Just legal expenxes he wrote. But, probably worth mentioning the topically related old case, when a NY jury convicted Trump of sexually assaulting a woman in, of all places, a department store.
I agree with Mr. Dean that it’s sad to see a former US president being tried for a crime and possibly facing three others. However, he put himself there. However, what disturbs me more is how the MAGA and their leader have slimed our much admired government institutions, e.g. the Suptreme Court and House of Representatives and caused millions of Americans to lose faith in our political system, simply by lying enough, that for many it became, truth. That’s not sad, it’s a historic tragedy.
John Dean says
Thank you for your comment. You make several excellent points.
And thanks for reading the piece.
Bob Moores says
In the New York trial, Trump is not charged with paying hush money to kill a story of his affair with a porn star. All 34 counts of his indictment are for FALSIFYING BUSINESS RECORDS IN THE FIRST DEGREE, a violation of Section 175.10 of NY Penal Law.
Setting aside the obvious, that the main reason why Trump is running for president is so he can avoid being imprisoned for this case and the three other federal cases which are more serious, the pertinent question is: Should Trump be treated differently than any other US resident because of his status as ex-president of the United States? If your answer is yes, you don’t believe in the founding principle of our country which is equal justice under the law.
All the politics, claims of witch hunts, unfair treatment, and devious timing for the upcoming election are baloney. To the latter point (trials too close to the election), who orchestrated the delays such that it would be so? Wasn’t it Trump himself? He knows his only hope to avoid jail is to be elected president so he can pardon himself.
Who could be happy with this situation? Trump is a stain on America and our democracy. The sooner he is out of the picture the better.
John Dean says
Thanks for your comment. I agree with you that the sooner Trump is out of the picture, the better off America will be.
Gren Whitman says
Outside the courtroom on Friday (April 19), Trump said this to reporters in all seriousness: “They’ve taken away my constitutional rights to speak and that includes speaking to you.”