Donald Trump makes history on Monday as the first former US president to stand trial in a criminal case, marking a seismic moment for the nation as he seeks to reclaim the presidency as the presumptive Republican nominee.
The 77-year-old, embroiled in various scandals, stands accused of falsifying business records to conceal an alleged sexual encounter with adult film actress Stormy Daniels, aiming to shield his 2016 election campaign from negative publicity.
While the so-called hush money affair is just one of four criminal cases looming over Trump, some legal experts view it as the least severe. However, the possibility of Trump being convicted of a felony and potentially facing incarceration introduces an unprecedented element of uncertainty into an already volatile election.
Running on a platform of “vengeance” against Democratic President Joe Biden, whom he lost to in 2020, Trump faces a trial where he has declared his intention to testify—an unusual and often risky decision for defendants.
“I’ve been indicted more than Al Capone, the great gangster,” Trump said to cheering supporters at a rally Saturday in key swing state Pennsylvania.
“There is absolutely nothing here,” he insisted. “There is no misdemeanor, there is no felony, there’s no federal crime.”
But ahead of any testimony by Trump, the trial will start Monday with a likely lengthy and contentious process to select 12 jurors and their alternates.
Impact Shorts
View AllTrump alleges ’lawfare’
The pool of ordinary citizens convened by Judge Juan Merchan must answer a questionnaire including checks on whether they have been members of far-right groups.
The actual charges revolve around highly technical finance laws.
Trump is accused of illegally covering up remittances to his longtime attorney and fixer Michael Cohen, who was using the funds to pay Stormy Daniels to keep quiet about the alleged sexual encounter in the final weeks of the 2016 election campaign.
A New York grand jury indicted Trump in March 2023 over the payments made to Daniels, whose real name is Stephanie Clifford, with the ex-president charged with 34 counts of falsifying business records.
He denies the charges and could use the trial, scheduled for up to two months, as a prominent platform to decry what he alleges is “lawfare” and election interference by his political opponents.
Trump also claims he will not get a fair trial in heavily Democratic New York.
However, the real estate magnate and longtime reality TV show star is using the limelight as an unlikely campaign boost – touting himself as a victim and using supporter outrage to fundraise.
Even if convicted, he would be able to appeal and would not be barred from continuing to run, or even being elected president on November 5.
Influence on election
Trump’s other three criminal cases – centered on his alleged hoarding of top-secret documents in Florida after he left the White House and his involvement in attempts to overturn the 2020 election – all face multiple delays.
In the New York case, Trump has repeatedly failed to secure meaningful delays and Merchan has signaled he will run the trial with a firm hand.
Last week the judge extended an existing gag order, in place to prevent Trump from attacking those involved in the trial, widening it to cover family members of the judge and Manhattan District Attorney Alvin Bragg, the lead prosecutor.
The expansion of the order came after Trump lashed out at Merchan and his daughter in a series of posts on Truth Social.
“The American people and many voters do consider important whether a jury concludes that Trump is guilty of engaging in criminal misconduct,” said University of Richmond law professor Carl Tobias.
“This finding might influence how they vote this November.”
In New York, where Trump has been a fixture for decades as an entrepreneur, celebrity playboy, politician and now criminal defendant, there is little sympathy.
“I don’t know if he’ll get a fair trial, but whatever happens, he caused it on himself,” said caregiver Alberto Vasquez, 45.
With inputs from AFP