By Mark Sumner for Daily Kos
Daily Kos Staff
Monday should have marked the start of Donald Trump’s Washington, D.C. trial for attempting to overthrow the 2020 election, but has now been delayed for months by Trump’s claim to absolute immunity. With the Supreme Court agreeing to hear Trump’s appeal in April, the trial on charges of conspiracy and obstruction is unlikely to kick off before the fall.
In Florida, Trump’s trial on charges related to his withholding of classified documents continues to be put in doubt by a Trump-appointed judge. That one is currently set to begin on May 20, but Judge Aileen Cannon seems all but certain to move that date back by months.
In Georgia, where Trump has been charged with attempting to interfere in the state’s election results, proceedings have been delayed by a sideshow over the personal life of district attorney Fani Willis. The judge in that case has said he will rule on whether Willis must step aside within two weeks, but how this could affect the trial isn’t clear. No trial date has been set yet.
However, there is still one criminal trial that appears unaffected by the immunity appeal and unlikely to suffer further delays. That case includes 34 of the 91 felony charges Trump is currently facing, and it’s set to begin on March 25.
Unlike the recent trials for Trump’s sexual assault and defamation of writer E. Jean Carroll, or his trial for fraudulently inflating the value of his real estate holdings, the case that will go before a Manhattan court later this month is a criminal, not civil, proceeding.
This is the first time in history that any current or former president has faced a criminal trial.
The charges against Trump in this case involve falsifying New York business records to disguise hush money payments to adult film actress Stephanie Clifford, also known as Stormy Daniels. Each of those charges carries a potential maximum sentence of four years in a state penitentiary.
While it may be satisfying to think of Judge Juan Merchan, who will oversee the case, sentencing Trump to 136 years behind bars, this is extremely unlikely. Of Trump’s four criminal trials, experts believe this case represents the least danger to Trump. Even if Trump is convicted on some or all of these charges, he could face a relatively small penalty when compared to the recent massive rulings in civil cases. He may not face any jail time.
Still, as The New York Times notes, Manhattan District Attorney Alvin Bragg has extensive evidence against Trump, including audio recordings, and testimony from those involved. To avoid conviction, writes the Times, Trump’s attorneys will have to be “stellar.”
One of the witnesses testifying against Trump is likely to be his former attorney Michael Cohen. Cohen acted as the middleman between Trump and Daniels, and the repayments Trump made to Cohen are the subject of the charges against Trump. Cohen has already testified against Trump in his real estate fraud trial. Cohen was already tried in federal court and sentenced to three years in prison for charges related to the hush money scheme: tax evasion, campaign finance violations, and making a false statement to bank officials.
In this case, Trump is not going to be represented by the likes of Alina Habba or Rudy Giuliani. Instead, he will be represented by a new team of lawyers headed by Todd Blanche and Susan Necheles, both of whom have extensive experience in criminal court.
Whatever expertise his new legal team has, Blanche and Necheles may find it difficult to keep Trump under control. Trump made attacks on the judge and courtroom staff part of his routine in his civil cases. Considering his lack of success in intimidating Judge Arthur Engoron in the real estate fraud trial or Judge Lewis Kaplan in the Carroll case, Trump may have even learned his lesson about offending the person responsible for determining your sentence.
But probably not.
No cameras will be allowed in court, and additional steps may be taken to keep jury members anonymous based on the threats leveled against those involved in previous Trump trials. Expect further coverage of this trial as it approaches.
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