Alternately sitting eyes closed, often dozing, other times glaring—sometimes at witnesses he once trusted, confided in to carry his message—Donald Trump must now depend on the judgment of others, a jury of his peers to learn his fate.
The ex-president, not known for civility nor his ability to temper his emotions, is now reduced to metaphorically biting his tongue as a portrait of power lost is put on the record in a New York courtroom.
Nothing more exemplifies Trump’s clench-fisted frustration than the testimony of his one-time counsel, Michael Cohen, a man he depended on for years for both fine-point legal wisdom and street-level muscle and intimidation. Cohen, last week, answered volumes of questions from both the state followed up with more than seven hours on the stand responding to the interrogation of Trump attorney, Todd Blanche.
The one time ‘most powerful man on earth,’ was stuck in the last place he ever imagined himself being. For the next several days or longer, Trump will be tethered, fate resting in the hands of one-time faceless men and women, a jury of his peers, in a New York courtroom. Add to this, being under the control of a judge he repeatedly disparages, along with the judge’s daughter, in his rulings. The judge is Juan Merchan, the son of Columbian immigrants. Merchan’s daughter, who has no connection to the case, has raised money for various Democratic candidates. Trump calls her a ‘democrat’ operative.
With his ‘jack of all trades,’ former lawyer Michael Cohen most recently on the stand, Trump listened to the litany of crimes he is alleged to have committed, perhaps even initiated and orchestrated. His trial, now conducted in a courtroom that easily could pass for a 50’s era ‘Perry Mason’ set, has dominated cable news. After all, Trump is the first U.S. President to be put on trial and also the first to be held in contempt—ten times.
Facing 34 felony counts of violating New York state law of falsifying business records “with intent to defraud and intent to commit another crime and aid and conceal the commission thereof,” Trump has been on trial since April 15th. Other witnesses have included former White House spokesman and family friend, Hope Hicks. Her testimony did not favor the ex-president.
Most recently, Cohen, who has already served prison time for lying to Congress, endured seven hours of almost theatrical questioning by Trump attorney Todd Blanche, whose voice modulated between conversational to confrontational. But Cohen stuck to his attorney’s advice and remained calm, almost business-like in his responses.
Trump, along with his legal team, argue that the crimes he’s being tried for are a sham, one of his regularly used characterizations and also repeated by acolytes. But, University of Denver Sturm College of Law professor, Ian Farrell, disagrees. Trump’s alleged crimes, the charges imply, were to influence the 2016 Presidential Election.
“There is clearly substantial evidence in New York law,” said Farrell. “The charges relate to fraud documents…it rises to the level of felony if used to cover up an additional crime.” The crime alleged is influencing an election.
The epicenter of the case against Trump is the $130,000 hush money paid to adult movie actor and director, Stormy Daniels, with whom Trump had an alleged sexual tryst. Trump denies even knowing Daniels, despite both Cohen’s and Daniels’ testimony to the contrary. He also contends the $130,000 was for legal services and nothing more David Pecker, a Trump friend for years and former CEO of the supermarket tabloid National Enquirer, testified that he and Trump had an arrangement to keep the Daniels’ story from ever seeing the light of day. The pair also had an additional agreement to keep another Trump affair, this one with former Playboy model, Karen McDougal, out of the tabloid.
McDougal’s story went unpublished via a practice of ‘catch-and-kill,’ that is paying for a story with no plan to ever publish it. The former Playmate of the Year says Pecker arranged a $150,000 payment to her for her story along with promises for her to write health and wellness pieces in other publications. The promise was never kept.
Trump denies any wrongdoing and says the hush money paid Daniels was to keep his family from being hurt. Nothing more. Cohen’s testimony belies his excuse. Trump’s wife, Melania Cohen said, was never discussed. The jury, said Farrell, must decide between believing if “Trump was motivated by his family or the upcoming election.”
While much has been made of the scandalous testimony, there have also been fascinating sidebar moments to this historic trial, including trial Judge Merchan ruling ten different times that Trump’s courtroom behavior has crossed the line into contempt. Each has been accompanied with $1,000 fines along with stern warnings, both to Trump and his attorneys. There have also been threats of “incarcera- tion.” Trump has tempered his theatrics.
However, over the course of the trial, Trump has put on full display a courtroom decorum replete with undisguised glaring at witnesses and cursing under his breath during witness testimony. He has also complained of being, “under a gag order,” and referring to Judge Merchan in repeatedly derogatory terms. Rather than admonish Trump for his behavior in front of the jury, Merchan has instead quietly counselled the ex-president’s attorneys to rein their client in.
While parsing the truth about being ‘gagged,’ Trump has used recesses and end of court opportunities to vent his frustrations. One courtroom witness also said that he saw Trump scripting comments for others to use in similar post-court photo-ops.
That would include a gaggle of members of Congress and other elected officials—all similarly outfitted in blue suits and red ties—who’ve postponed their official duties for pilgrimages to New York to show fealty to Trump or, as others have suggested, to “audition” for future jobs in a potential second Trump term. They are prominent in the courtroom and in post-court photo-ops. Colorado Congresswoman Lauren Boebert is among the group.
Farrell said the appearance of high-powered government officials may be a form of intimidation. The jury, he suggested, is taking note. “If you have witnesses taking the stand and seeing people in positions of power, that could affect them (the jury).” Of course, said the DU Law professor, the parade of power and demonstration of fealty could also backfire. “It depends on what you think of these people. Some are respected, some are not.”
Long time Colorado Republican legislative leader, Norma Anderson, whose name is forever linked to the Supreme Court case Trump v. Anderson, has watched and read about the New York trial. The case focused on a Colorado Supreme Court ruling which would have removed Trump’s name from the Presidential ballot. The now retired Lakewood Republican, who was known for working with both sides of the aisle, calls herself distressed by what she is seeing.
“I am concerned about our democracy and future of our country,” Anderson said. The Trump trial, she said, is a road sign of things “going in the wrong direction.” The one-time state legislator, who lead her party in both houses, also saw the line of elected Trump loyalists as galling. “You’re an elected official,” said Anderson, her voice rising in emotion. “You represent the people, not one person!”
Asked about a possible guilty verdict, Anderson said it is hard to conceive a U.S. President being found guilty in a court of law yet being allowed to hold the office once again. “No one should be in office—any office—who has a conviction. We have laws that don’t even allow criminals to vote and you’re going to put him in office!”
A not guilty verdict, however, may not be the trumpet sounding for a Trump victory march. His ten contempt of court violations, said Farrell, still could result in Judge Merchan ordering jail, but adding, the chances of it happening are slight.
