Donald Trump has the dubious distinction of being the first former US President to be criminally charged. The charges relate to hush money payments to former porn actress Stormy Daniels ahead of the 2016 presidential election to stop her from going public with her account of their sexual encounters. The charge includes 34 felony counts of falsification of business records to “conceal criminal conduct that hid damaging information” from voters during his run for the presidency in the election that year. He has pleaded not guilty to all charges.
The indictment marks the beginning of Trump’s legal troubles as he faces several ongoing civil and criminal investigations. Trump’s immediate response to the ruling of the New York court is telling. He is making himself out to be a victim of political targeting. That he will not go down quietly was evident from remarks he and his legal team have been making since his indictment. Trump has made Judge Merchan, the District Attorney’s Office and the prosecution out to be prejudiced against him, accusing them of “hating” him and treating him “viciously” in previous cases. Like all right-wing authoritarians, he has sought to project his indictment as an insult to the country – in this case, America -- itself. He can be expected to weaponise his indictment to rile up his supporters. The case against Trump is expected to come up for trial later this year or early next year, when Trump will be in the thick of his campaign for another stint in the White House.
Some have argued that pressing charges against Trump could work to his advantage as it will energise his support base of conspiracy theorists. He is already using the indictment to raise funds. Yet, putting Trump on trial for crimes he is alleged to have committed is important for the rule of law and to show that no matter how powerful, the law will catch up with wrongdoers. That’s the promise of American democracy. Trump is among those who have for long used loopholes in the US justice system to dodge accountability.
Trump has often said in the past that US courts are weak and slow to act. Indeed, that may be his trump card. His legal team will push to get the trial postponed, hoping that once his presidential campaign is in full swing, the courts will put off his trial, and should another presidential term follow, that will protect him from trial and punishment. The US criminal justice system is on trial. It will need to ensure that the wheels of justice move swiftly so that Trump’s trial is taken to its logical conclusion.
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