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Trump became the first former president in U.S. history to face a criminal trial, can he continue to run?

author:The Paper

Surging News reporter Huang Yuehan

"Trump, we love you. At 8:41 a.m. local time on the 15th, former U.S. President Trump appeared in front of the Trump building in New York under shouts, cheers and applause. Surrounded by his entourage, he walked briskly to a black van, waved his hand at the door, and then slipped inside. His destination was a courtroom in the heart of Manhattan, New York.

Trump became the first former president in U.S. history to face a criminal trial, can he continue to run?

On April 15, 2024 local time, in New York, USA, at the Manhattan Criminal Court, former U.S. President Trump underwent the first day of trial on suspicion of covering up hush money related to an extramarital affair. Visual China Diagram

Trump will appear in court for his hush money case, the first time in U.S. history that a former president has appeared in a criminal trial. Although the hush money case is only one of the four criminal prosecutions facing Trump, and it is the least serious, because of the delaying tactics he has adopted in a number of legal proceedings, the hush money case is likely to be the only Trump criminal case that can go to trial before the November 5 election in the United States.

For the next time, Trump will have to attend the trial in Manhattan Criminal Court every weekday except Wednesday, which is expected to last six to eight weeks. Many legal experts say Mr. Trump's conviction is highly likely. "The trial on the 15th represents that the United States will cross a historic threshold - the former president will face a criminal trial for the first time. This case is significant because Trump may have the opportunity to return to the White House next year. CNN analysis said. However, the U.S. Constitution does not explicitly stipulate that those who have been prosecuted, convicted, or even imprisoned cannot run for or be elected president of the United States.

In addition, since Trump has locked in advance the Republican presidential nomination in the current US election, at this moment when the candidates are building momentum in various places, how Trump will launch his campaign and whether it will affect his polls has also attracted much attention.

The "historic trial" has finally arrived

On the morning of the 15th local time, outside the courthouse in Manhattan, the streets were already flooded, crowded with reporters and protesters who came to report on Trump. According to earlier reports, some right-wing activists planned to hold a rally in the park directly opposite the courthouse, and the local police stationed a large number of police officers at the scene.

Trump became the first former president in U.S. history to face a criminal trial, can he continue to run?

On April 15, 2024 local time, in New York, USA, on the first day of the trial of former U.S. President Trump on suspicion of covering up "hush money" related to extramarital affairs, media personnel lined up to enter the Manhattan Criminal Court in New York. Visual China Diagram

"This trial is a 'persecution,' it's an attack on the United States, and no one has ever seen anything like it. Trump told the media present, "Every legal scholar says this case is nonsense and should not be litigated at all." ”

After speaking to reporters outside the courthouse, Trump followed his lawyer, Todd Blanche, into the courthouse where there was little to no one. As they slowly walked through the spacious and noisy courtroom, past six rows of empty benches for future jurors, Mr. Trump glanced at the six reporters sitting in the back row, and then strode to the front of the room to take a seat in the defendant's box. Trump is reportedly "hunched but with a high chin and a serious expression."

The vacated rows of seats remind Mr. Trump that he is now in a different environment, and that he is a defendant in a criminal case for the first time. By the afternoon, the courtroom was packed with 96 jurors, some of whom may be jurors who will be trying the hush money case.

In March 2023, New York's Manhattan District Attorney Alvin Bragg filed a lawsuit against Trump, accusing him of 34 counts of "falsifying business records" on the grounds that Trump had instructed lawyers to pay "hush money" to two stars who had an affair with him on the eve of the 2016 election and to register those expenses as "legal fees." If convicted, Trump could face up to four years in prison. Trump denied this, while denouncing the case as an act of "witch hunt."

Over the past few days, Trump's lawyers have appealed several times to postpone the case, but without success. Mr. Trump's lawyers have said they want to revise the jury selection process and seek an indefinite postponement of the trial date on the grounds that jury members would be influenced by highly biased reports directed at Mr. Trump. However, Judge Juan Merchamp found this claim unfounded. On April 12, Merchan rejected a request from Trump's legal team to postpone the "hush money" trial, and the case will still go to trial on the 15th.

Jessica Levinson, a law professor at Loyola Marymount University, said, "For years, their whole strategy has been to delay, delay, delay. This is true in federal cases, in state cases, and even in any investigation he faces. There is no doubt that the later the trial begins, the better it will be for Trump. ”

In 2016, Trump ran for president as a Republican, and his image as a "billionaire" and a successful businessman with a "happy family" attracted public attention and was supported by both conservative and evangelical voters. However, when the election campaign entered a critical juncture, adult film actress Tommy Daniels deliberately disclosed that she had an improper relationship with Trump. In 2006, Daniels met married Trump during a celebrity golf tournament in California's Mighty Lake, and the two remained in an illicit relationship for nearly a year.

In an interview with Slate, an online political magazine, Mr. Daniels said Mr. Trump had promised to buy her an apartment and said he could make her a contestant on the TV show "Celebrity Apprentice."

Daniels' agent contacted the gossip outlet The National Inquirer to seek a "more appropriate" way to expose the matter. However, David Peck, the chief executive of the newspaper's parent company, American Media, immediately reported to Trump when he learned of the incident. The matter was later settled after Trump's personal lawyer, Michael Cohen, was instructed to pay Daniels $130,000 in hush money.

As an "ally" and "close friend," Peck told Trump in 2015 that he could be the "eyes and ears" of his campaign, keeping an eye out for any Trump-related news. Legal documents show that in addition to the "hush money" case involving Daniels, the US media company is also suspected of two other "hush money" cases. In 2015, Dino Sajudin, a former doorman at Trump Tower, was exposed to trying to "peddle" rumors that Trump had an illegitimate child with his butler, and Peck instructed American media companies to pay the doorman $30,000 and in 2016 to model Karen McDougal for the right to report on her affair with Trump.

Falsifying business records is a misdemeanor under New York State law, but it may be considered a felony when the act is intended to "commit another offense or to help conceal a potential criminal act." In this case, the prosecution argued that Trump's "hush money" was for the campaign and therefore should theoretically be campaign funds. Under federal law, campaign funds should be disclosed, but Trump violated election laws by falsifying business records to cover them up. At the same time, Trump's falsification of business records was to cover up the illegal fact of concealing campaign funds, which meets the felony requirements for "tampering with business records to conceal criminal acts".

"Sleepy" Trump

As prosecutors and judges entered the courtroom, the trial on the 15th officially began. Unlike his aggressive attitude outside the courtroom, Mr. Trump was not in high spirits.

At one point, Trump's chin hung down to his chest, seemingly unaware of a note handed to him by his lawyer. He appears to be asleep, his head constantly lowered. Maggie Haberman, senior political correspondent for The New York Times, writes. According to the description of the people present quoted by the US media, Trump basically did not speak in court that day. During the trial, he communicated with his lawyer mainly by passing notes.

Trump became the first former president in U.S. history to face a criminal trial, can he continue to run?

On April 15, 2024 local time, in New York, USA, at the Manhattan Criminal Court in New York, former U.S. President Trump underwent the first day of trial on suspicion of covering up "hush money" related to extramarital affairs. Visual China Diagram

During the morning hearing, Judge Juan Melchan made a decision on some of the disputed witnesses and evidence, after hearing from both the prosecution and the defence. Some analysts believe that according to the judge's verdict, the prosecution undoubtedly "won a certain victory" because some key witnesses and evidence were introduced into the trial, including articles attacking Trump's opponents reported by the National Enquirer, and the testimony of model McDougall claiming to have an improper relationship with Trump.

However, Melchan did not allow the prosecution to introduce the "Into Hollywood" tape into the trial because the evidence was "biased." In addition, sexual assault reports that occurred after the videotape was made public cannot be submitted as evidence to the courts. According to previous reports, the "Into Hollywood" tape was recorded in September 2005, Trump chatted with Billy Bush, the host of the NBC talk show "Into Hollywood", saying that he could put his hands on women and sexually describe touching women's private parts, "I can do whatever I want...... I'm a celebrity, and they're going to allow me to do that."

After a short lunch break, the afternoon trial ushered in the crucial part of the jury selection. It is worth mentioning that Trump decided to sit in on the hearing. CNN reporters believe that this move shows that "Trump has shown a very positive attitude towards his participation in the trial."

As a defendant in the case, Trump has been at the center of public opinion for a long time, and has appeared in major media reports from time to time, and jury selection is particularly important. Previously, Mr. Trump's legal team had wanted to move the case to another location, citing the opposition of a majority of New Yorkers to Mr. Trump, leading to potential jurors who might be biased against him, but the court denied a request.

The Manhattan Criminal Court in New York said that from the 15th, about 500 people are expected to appear in court every day to participate in the jury eligibility process, and the number of people in each round of review is about 100. Jury candidates will be brought into court for background checks and asked questions about whether they have participated in anti-Trump rally, whether they have read Trump's books and news reading habits, a process that will continue until the court can finalize a jury of 12 jurors and six alternate jurors.

Trump became the first former president in U.S. history to face a criminal trial, can he continue to run?

CNN reported that when Trump was introduced as a defendant, he stood up and turned around, giving a "tight-lipped giggle" to potential future jurors. Many prospective jurors who enter the courtroom craned their necks and looked up to see Mr. Trump as soon as they took their seats. As the judge was introducing the case, several prospective jurors seated on the jury bench also seemed to be staring at Trump regularly.

After a number of prospective jurors completed the questionnaire, Merchan announced an adjournment and said that the screening of a new batch of jury members would begin at 9:30 a.m. local time on the 16th. It is reported that it will take about a week for the jury to be determined, after which the court will formally call witnesses. During the day's questioning, Melchamp told the jury candidates that jurors must put aside any "bias" or "personal position" toward the defendant or the case, including political orientation. However, more than half said they were "not fair," and some were removed from the prospective jury list due to timing or personal reasons.

The "long trial" begins, can Trump continue to run?

Outside the courtroom, after taking his iPhone out of his suit pocket and handing it to his assistant, Trump turned on the "spit mode" again in front of the camera.

"It seems that the judge did not allow me to escape this scam, (the trial) is a scam. Then Mr. Trump complained that he would not be able to attend his youngest son, Barron Trump's high school graduation in May, because of his trip to the trial, even though Mr. Mel has yet to rule on the matter.

"Judge Juan Merchan was so merciless that he didn't let the father attend his son's graduation. Trump's son, Eric Trump, lost no time in writing on "X" (formerly Twitter).

The political news website Politico reported that Trump's campaign may have to be held in the corridors of the Manhattan Criminal Court over the next six weeks due to the need to attend court hearings regularly. Campaign officials, however, said Mr. Trump could take advantage of Wednesdays and weekends when he didn't have to attend court hearings to fly quickly between his private jets and campaign locations. At the same time, Trump can also use his appeal on social platforms to expand his political influence.

Similar to Trump's "warm-up" outside the courthouse for not being able to attend his youngest son's graduation ceremony, in the coming time, Trump and his campaign are likely to portray the hush money trial as a "political design" by Democrats to inspire voters to sympathize with the former president.

In fact, a battle for a "political narrative" over the trial of the case has begun, and on various occasions Trump has gone to great lengths to portray himself as a persecuted "political dissident." In February, Trump called himself a "proud political dissident" at a Conservative political action conference in Washington, D.C., and even compared himself to Nelson Mandela and Navalny. At a Pennsylvania campaign event on the 13th of this month, Trump said he would "fight for the freedom of 325 million Americans."

Some analysts believe that, unlike other criminal litigation cases, the "hush money" case does not involve acts during the president's tenure. Therefore, the "hush money" trial may be a "gift" for Trump's campaign trail. Republican strategist Whitt Ayres said the hush money case was a "witch hunt" imposed by the Democratic Party for Trump supporters. "For MAGA Republicans, and even more moderate Republicans and independent voters, the argument that the trial constitutes a 'persecution' is valid. Ayres added.

Senior White House correspondent Brian Bennett wrote an article in Time magazine that Trump's frequent appearances in the courthouse as the jury selection and trial progressed may give him more time to appear in front of the camera and more opportunities to portray Alvin Bragg, who initiated the trial, as a politically motivated prosecutor. Not only that, but Trump also used the hush money case to encourage more supporters to raise money for him politically, raising $7 million in just three days after the indictment was made public. The Trump campaign said its conservative allies would appear more frequently on television to defend Trump when he appeared in court.

Polling data also shows that the hush money trial will not have much of an impact on Trump's election to a certain extent, and voters' views on the matter also reflect a clear partisan divide.

A poll conducted by The Economist in conjunction with YouGov found that 48 percent of respondents believed Trump had falsified business records. Among respondents, 87 percent of Democrats believe Trump is guilty, but only 35 percent of independent voters and 14 percent of Republicans admit it. Separately, the results of a poll published by The New York Times and Siena College showed that opinions about Trump's guilt or not depend on respondents' partisan line in general.

Meanwhile, a Quinnipiac University poll conducted in March showed that 55 percent of registered voters said the result would "have no impact" on their voting propensity, regardless of whether Trump was convicted in the hush money case. Only 29 percent of respondents said they were unlikely to support Trump, a vast majority of whom would not have leaned toward Trump in the first place.

As of mid-April, the second showdown between Trump, 77, and President Joe Biden, 81, was still a stalemate, with only one to two percentage points of support in swing states. Some U.S. polls show that some swing state voters may not vote for Trump if he is convicted of a criminal offense. But some analysts believe that it is difficult to predict the political consequences of Trump's conviction or acquittal.

Trump became the first former president in U.S. history to face a criminal trial, can he continue to run?

This issue is edited by Xing Tan

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