The hush-money trial of Donald Trump is now underway, with a fully impaneled jury. This trial holds significant implications, as its outcome will not only affect Trump’s personal freedom but also have far-reaching consequences for the 2024 election and the future of our democracy.
According to New York state law, cameras are not permitted inside the courtroom. The courtroom sketch artists have captured various emotions displayed by defendant Trump, including boredom, sullenness, hostility, occasional happiness, and a distinct expression of contempt and disgust. When Trump falls asleep during court proceedings, he appears visibly exhausted and drained, with his mouth open and his head struggling against the pull of gravity. Rolling Stone reports that Trump is reportedly quite displeased with how he is portrayed in these sketches. Sources close to him have revealed that he has privately questioned if the courtroom sketch artist has a personal vendetta against him.
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Trump’s lawyers, on the other hand, are persistently attempting to halt their client’s initial criminal trial through the submission of appeals for a change of venue. They argue that there is an alleged “bias” against their client, although the court has already dismissed this claim.
Trump has continuously violated his gag orders by making threats towards judges, prosecutors, district attorneys, witnesses, jury members, and other individuals involved in upholding the rule of law. Judge Juan Merchan has been largely successful in his efforts to discipline the audacious former president, even going so far as to command him to sit down in court as if he were a disobedient dog.
To gain more insight into the upcoming developments in Trump’s initial criminal trial, including the prosecution and defense strategies as well as the underlying motives behind Trump’s theatrical behavior in court (possibly an attempt to portray himself as a victim and energize his supporters), I had a conversation with Kenneth McCallion. McCallion, a former prosecutor at the Justice Department and the New York attorney general’s office, has extensive experience handling Trump-related racketeering cases.
Please note that the following conversation has been lightly edited for clarity and length.
The much-anticipated commencement of Trump’s initial criminal trial is now underway. But what is the current status of the widely discussed “walls closing in” on Donald Trump?
The crumbling of the alternate reality in which Trump resides is evident in his facial expressions and behavior. Donald Trump, whose natural instinct is not to subdue himself, has been compelled to do so to a certain extent. However, it is clear that he is not wired to remain silent as a barrage of accusations and evidence is presented against him. The Sandoval hearing, for instance, proved to be highly damaging. It not only highlighted the criminal and ethics charges he faces in this particular case, but also shed light on the charges he has faced over the course of the last decade or two.
When faced with the charges read against them in court, individuals such as mobsters, politicians, or businessmen, including Donald Trump, who is also a former president, may have different reactions. It is interesting to consider how they respond to these circumstances.
As someone who worked as a prosecutor specializing in organized crime, I have witnessed how individuals respond to the legal process in various ways. After going through the criminal justice system and serving time in prison, some individuals become desensitized to it. In fact, for those involved in gangs, having a prison record can be a source of pride. It gives them a sense of credibility and validates their status as outlaws.
Donald Trump finds himself in a different psychological state, one that is rather precarious. He portrays himself as a victim, someone who is being unfairly targeted. Despite his personal flaws, he wants to be seen as strong, determined, and fundamentally good. This self-perception has been the foundation of his popularity among millions of Americans, but now it is being questioned. Furthermore, Trump is now in a situation where he has no control. The judge and the legal process hold the reins, and this lack of control is immensely frustrating for him. He has been stripped of his power. While his devoted MAGA followers remain loyal, the image of Trump in court does not resonate well with those outside of this die-hard group. To those who are not part of the MAGA movement, Trump appears as a once-mighty man who has fallen hard and is continuing on a downward spiral.
How does Trump’s psyche and concern about his legacy influence the situation?
Trump is deeply invested in the present, yet he also harbors concerns about his legacy both as a former president and as a self-proclaimed successful developer. Throughout his life, he has proven to be highly susceptible to ridicule, lacking the resilience typically associated with thick skin. Being subjected to mockery and laughter inflicts profound emotional and psychological pain upon him. Trump’s ego is currently at stake as he faces a trial centered around hush money and the subsequent cover-up involving reimbursements to his lawyer, Michael Cohen, for payments made to Stormy Daniels. The entire scheme appears amateurish, lacking thorough consideration and executed poorly, leaving behind an extensive paper trail. I firmly believe that not only will Trump face conviction in this initial trial, but he will also endure immense embarrassment. The accusations leveled against Trump are glaringly obvious, representing the kind of white-collar crime that has previously led the Manhattan District Attorney’s Office to incarcerate numerous businesspeople.
This is an unprecedented trial, marking the first instance where a former or current president faces criminal charges, specifically felonies. This groundbreaking development has significant implications for how the prosecution, defense, judge, and the court as a whole are approaching the hush-money trial.
The prosecutor is not treading on unfamiliar ground here. Although Trump is a former president, he is now just an ordinary citizen in the eyes of the law. Once the public fully grasps the reality that Trump is nothing more than a bombastic fraud, the tables could turn against him swiftly. Personally, I anticipate his downfall in the coming months, and I wonder how the Republican Party will react. It seems they lack a backup plan. Politically and morally, the Republicans have placed themselves in an impossible situation. They run the risk of becoming a marginalized party for the foreseeable future, consisting primarily of disgruntled white individuals nursing a deep sense of victimization.
Donald Trump continues to defy the gag orders imposed on him, persistently issuing threats and attempting to intimidate judges, prosecutors, district attorneys, prospective jurors, and other individuals involved in his trials. It is worth considering whether Trump’s actions are part of a larger strategy, where he purposely seeks imprisonment. Trump, known for his cunning nature, was mentored by the legendary manipulator Roy Cohn, and this fact should not be disregarded.
Donald Trump seems to be intentionally seeking imprisonment or confinement in a soundproof plexiglass box within the courtroom. This move serves to reinforce the narrative of martyrdom that he is actively promoting, which resonates strongly with his devoted base. Trump and his loyal supporters are reluctant to acknowledge the harsh reality that many of the challenges they face are largely self-inflicted, resulting from a series of ill-advised choices made along the way. During a civil trial in New York before Judge Engoron, Trump engaged in an exchange where he essentially dared the judge to put him in jail. The judge, aware of Trump’s intentions, responded by stating that while he understood Trump’s desire to be held in contempt and incarcerated, the time for such action had not yet arrived. In the ongoing criminal trial involving hush money, there is currently a gag order in place. However, if Trump continues to violate this order, he will face severe consequences, primarily of a financial nature. Nevertheless, it is challenging to conduct a criminal trial in absentia while the defendant is incarcerated. Such a scenario would not reflect well on the country, resembling the politically motivated show trials against opposition leaders in the former Soviet Union, which inevitably led to predetermined executions.
Trump is beginning to realize that this situation will not have a positive outcome for him. He might even resort to a calculated outburst before the case reaches the jury, much like a basketball coach who deliberately gets ejected from a game to motivate the players. If Trump were to be imprisoned for contempt, it would only fuel the enthusiasm and loyalty of his followers. It poses a difficult decision for the judge, as having the defendant present in the courtroom is crucial.
What would the logistics of putting Trump in prison look like if he were to be incarcerated due to his ongoing defiance of gag orders and disruptive behavior in court?
Trump would be placed in a luxurious enclosure, akin to a gilded cage. The Secret Service, responsible for his protection, would confine him to either Trump Tower or Mar-a-Lago. It is highly unlikely that he would be placed in the general population at Rikers Island. Alternatively, Trump might be subjected to some form of isolated confinement. An option could be the Manhattan Correctional Center (MCC), which is located merely a short distance from the Manhattan courthouse where his trial would unfold. In such a scenario, Trump could participate in the proceedings via a video link.
Donald Trump’s behavior in court has been quite impudent and challenging. He has been observed sleeping, glaring at jurors and witnesses, and muttering under his breath. In fact, he even had an exchange with Judge Merchan, which led to a reminder to behave himself and sit down. Trump’s frustration eventually escalated to the point where he stormed out of the courtroom. One can only wonder what his attorneys are advising him regarding his inappropriate conduct.
Trump’s lawyers must be telling him that he is only damaging himself by behaving like a clown in court and throwing childish tantrums. He’s turning into such a ridiculous figure that it resembles a sketch from “Saturday Night Live”. However, Trump is unlikely to alter his behavior. His lawyers are well aware of this. Trials like these are long and grueling, not quick and easy. It’s truly astonishing that Donald Trump can endure the immense pressure without experiencing a physical or emotional breakdown. To him, two weeks of trial will feel like an eternity.
