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Donald Trump may soon face a criminal indictment. Actually, the good Mr. Trump may face several criminal indictments in the near future, but Alvin Bragg, the Manhattan District Attorney, seems like he wants to be first in line.
For all the blatant misrepresentations, lies, and crimes that the man has been guilty of in the course of his personal, political, and business dealings, it’s ridiculous that he may first face a criminal courtroom for something as seemingly trivial as covering up an affair with a porn star. It’s kind of like nailing Jeffrey Dahmer for littering or Bernie Madoff for jaywalking. But, hey, if the matter of illegal payments to Stormy Daniels can bring Donald Trump into a courtroom before judge and jury, so be it.
Imagining this process going forward raises all sorts of interesting issues for me that I had never considered before. For instance, all accused parties are to be tried by a jury of their peers. But we have heard Donald Trump tell us many times that he is without peer. If this is true, and of course Mr. Trump speaks only the truth, then how could we possibly find one citizen—no less twelve—who would be fit to serve on the jury.
If we’re seeking peers, how about putting some great political leaders or media stars in the jury box. There’s one Rudolph Giuliani, the eminent legal scholar and former governor of New York. There’s Liz Cheney, the former Congresswoman from Wyoming, daughter of a beloved former Vice President. Or how about Tucker Carlson, he of “What a great leader” on the air and “What a total jerk” via private messaging. Apparently whether Tucker comes out on the side of innocence vs guilt is likely to be determined by whether it’s a voice roll call or whether he can text his vote to the jury foreperson.
And what else might we ponder concerning this most unusual of criminal defendants?
If the jury finds him guilty, will Trump challenge the vote. Taking a trick from his brilliant attempt to manipulate the vote count in Georgia, I can see him making some strategic calls. Trump to colleague: “It’s much easier this time around. I don’t need you to find 11,780 votes like a few years ago. I just need you to find me 12 votes this time.”
If found guilty, how would Trump look in one of the orange jumpsuits? Arguing that they make him look a little heavy, would the former President petition to have a personal prison uniform, perhaps a tee-shirt with that little Nike swoosh, or maybe something that would be more comfortable for his forays onto the golf course. Ooops, forgot that he might not be playing golf quite as often.
Or, facing the strong likelihood of incarceration, I can imagine that Trump might make a deal with the devil, endorsing Ron DeSantis, who would then become President. Still, unhappy with the nasty things Trump said about him early on the campaign trail, DeSantis might not grant him a full pardon. In fact, it’s more likely that De Santis would decide that Trump must remain in jail, opting for his long-term incarceration to be served in a property seized and repurposed by the state of Florida, Mar-a-Lago State Prison.
The worrisome thing is that from what I’ve heard from legal experts, the likeliest charge from Bragg would only be a misdemeanor not a felony. I suspect he will go for the felony charge nonetheless, but the legal theory behind that is very much up to judicial review. I am more hopeful for Fani Willis’ case in Georgia. The evidence there is more clear and “intent” doesn’t need to be proven because of Brad Raffensberger’s recording of Trump. Unclear at the moment is where Jack Smith will come out. He’s got the obvious and virtually slam-dunk Mar-a-Lago documents case, but… Read more »