Donald Trump
posted on Truth Social that what happened to him wasn’t a prosecution. He
called it a persecution. He was wrong. It’s a conviction. Donald Trump is now a
convicted felon.
Americans have
let Trump shake their faith in many of our democratic institutions our country
is built on, From the start of his first campaign, Trump denigrated immigrants
as criminals. He challenged confidence in our elections, the work of the
intelligence community, the Justice Department, military leaders, and perhaps
most dangerously of all, public health officials during a deadly pandemic. Now,
and unsurprisingly, he’s after the jury system that convicted him. He’s spent
months calling prosecutors, judges, and witnesses corrupt and putting them and
their families in danger.
Trump has plenty
of surrogates to do his bidding. He has no concerns about exposing the 12 brave
Americans who served on the jury that convicted him to the risk of harassment
and violence. NBC reported that a non-profit that conducts public interest research
found posts that contained addresses of people claimed to be jurors on a
message board known for pro-Trump content.
It is long past
time to draw a line and stop the damage Trump is doing to democracy. But still,
Republicans pander to him shamelessly.
At the time
the Access Hollywood Tape was released, Senator Lee
said, “I respectfully ask you [Trump] with all due respect, to step
aside. Step down,” in a Facebook video. He mentioned the women in his family
and said that if someone spoke to them like Trump had, “I wouldn’t hire that
person, wouldn’t want to be associated with that person … I certainly don’t
think I would feel comfortable hiring that person to be the leader of the free
world.” But Lee has endorsed Trump in this election and
apparently has no intention of backing away.
Independents and
other voters may take a different view. Guilt is a powerful word. There are polls that suggest it may exert a
gravitational pull over some voters who might have otherwise voted for Trump.
We are in for a long, hard time heading into the November election, where the
future of democracy will hang in the balance, not metaphorically, like
candidates sometimes say it will in the next election, but in a very real,
concrete sense.
Hunter Biden,
the President’s son, goes on trial Monday. Keep that in mind as Donald Trump
claims the system has been politicized against him.
Trump will be
sentenced on July 11, five days before the start of the
Republican National Convention. There has been a lack of clarity in the
reporting about the sentence Trump faces. That’s because of the way New York
handles this type of Class E felony, which a friend in a New York DA’s office
called “loosey goosey.” As I understand it, the Judge can sentence to a range
as high as 1 3/4 to 4 years, but it will be up to the Parole Board to determine
how much of that sentence he actually serves. And the Judge does not have to
impose a custodial sentence, he can go all the way down to probation if he
chooses to. My understanding of how this works is still evolving, and I’ll
update you as we learn more.
What we do know
is that, like in every other case, the probation department will conduct an
assessment of the now-convicted defendant and create a presentence
investigation that provides the Judge with the information necessary to arrive
at the appropriate sentence. In his press conference this morning, the District Attorney did not say
whether he would seek a custodial sentence. There is every reason to ask for
one here, including Trump’s repeated, atrocious violations of the gag order in
the case. It is a first time, nonviolent offense, so the Judge may not impose
custody, but the People have every right to ask for it here.
Even if the
Judge imposes a custodial sentence, expect to see Trump remain free on bond
during the pendency of the appeal. That would be consistent with the principle
that permits a defendant who raises serious issues on appeal to do so. Trump
does have some serious issues to raise, whether or not he succeeds. I don’t
expect him to, but he is entitled to the same right all defendants have to
pursue an appeal. The Judge would be well within his rights to condition an
appeal bond on strict adherence to the terms of the gag order.
The issues we
will likely see surface on appeal include:
·
Whether
Stormy Daniels’ testimony exceeded what was permissible and unduly prejudiced
Trump. This will be contested, but the Judge let her testimony in to complete
the story of the crime, and in any event, defense questions opened the door to
her testimony.
·
Whether
it was error to permit the DA to use a federal campaign finance fraud crime as
the object offense that converted the misdemeanor into a felony. This is a pure
legal issue, and the weight of the evidence appears to be on the People’s side,
but there are some unique issues here that need to be litigated.
·
Whether
the Judge was correct to permit the jury to return a verdict that was unanimous
about the object crime but not the means used to accomplish it. We’ve discussed
this previously and again, it’s a legal issue
where the DA appears to have a strong argument.
·
Whether
there was sufficient evidence to support the verdict. Defendants frequently
argue this on appeal but only rarely win. The question is whether a reasonable
jury could have found the defendant guilty, and there was sufficient evidence
here to support that conclusion.
There will
be others too, but these are some of the main ones to expect. None of this will
happen until after Trump is sentenced in July, and the process will take time,
so we will deal with it when it happens.
This sentiment,
or something akin to it, is circulating widely on social media.
I’m Interested in what you think about it. Do you believe this is true, or is this another spin effort by Trump?
Here’s my response: Trump was convicted by a jury of his peers who heard all the evidence and found him guilty. We should trust the jury.
Trump claims the
indictment was a Democratic ploy. There is no evidence to support that. It
doesn’t make sense that 12 jurors, picked from a randomly summoned pool with
Trump’s lawyers’ full involvement, a jury that included members who claimed
Truth Social or the Wall St. Journal as primary news sources, would have
unanimously found him guilty if he wasn’t. Occam’s Razor says to look first to
the simplest answer. There is no need for conspiracy theories here. The jury
convicted Trump because he was guilty.
Trump will spin
the verdict, as he did this morning in a long and less than lucid
press conference.
Americans
should ignore him and use the same common sense the jury did. The jurors
saw every piece of evidence firsthand; they considered it all
together. They decided it met the government’s burden of proving Donald
Trump guilty beyond a reasonable doubt. In our system of justice, that is their
decision to make.
It is well worth
making this point with anyone who questions the verdict. What approach would
they rather have American justice use? A king? Is it Donald Trump who now metes
out justice in America?
A better
question: Why aren’t there calls for Trump to step down as the nominee? That is
how any other politician would be treated.
Trump said the
real verdict on his case will come on November 5. I hope so. I’m ready to get to work on
that, and I bet you are too.
We’re in this
together,
Joyce Vance