Closing arguments commenced on Tuesday in the hush money trial involving Donald Trump, where the former president faces the possibility of becoming the first criminally convicted ex-president in US history.
With less than six months before American voters decide on Trump’s potential return to the presidency, the stakes are enormous—not just for the 77-year-old personally, but for the nation as a whole.
“This is a very dangerous day for America,” Trump, accused of falsifying business records to pay off a porn star over an alleged sexual encounter that could have jeopardized his 2016 election bid, told reporters.
“We have a rigged court case that should have never been brought,” he remarked outside the Manhattan courtroom with three of his five children—Don Jr., Eric, and Tiffany—standing behind him.
Trump’s defense attorney began the final day of arguments, asserting to the jury, “President Trump is innocent.”
“There was no intent to defraud and beyond that, there was no conspiracy to influence the 2016 election by President Trump,” he stated. “He did not commit any crimes and the district attorney did not meet the burden of proof.”
Prosecutors will conclude with their closing argument, presenting the case that Trump falsified records to conceal the hush money payment out of concern that the incident could undermine his tumultuous outsider campaign against Hillary Clinton.
The 12 jurors, whose identities are protected for their safety, will start deliberations as soon as Wednesday, with a guilty verdict possibly leading to a prison sentence.
Graphic testimony
Coming just months before the November presidential election, where polls show Trump and President Joe Biden in a close race, the verdict will introduce a new level of tension in an already unprecedented contest.
Trump is the first former or sitting president to be criminally indicted, facing charges from the minor hush money case to accusations of taking top secret documents and attempting to overturn the 2020 election.
The New York case, featuring over 20 witnesses over five weeks, is the only one likely to be completed or even go to trial by the November 5 election day.
If found guilty, Trump could face up to four years in prison for each of the 34 counts, but legal experts suggest that as a first-time offender, he is unlikely to receive jail time.
Trump would almost certainly appeal, and a conviction would not disqualify him from being on the ballot in November.
As anticipated, Trump chose not to testify in his defense, avoiding damaging cross-examination.
Instead, he had to sit and listen as Daniels detailed their alleged encounter in sometimes explicit terms and his former personal attorney and fixer Michael Cohen testified as the prosecution’s key witness.
However, Trump has used his daily court appearances in lower Manhattan to launch televised attacks against “corrupt” and “tyrant” Judge Juan Merchan, claiming that the trial is a Democratic scheme to keep him from campaigning. Polls indicate the trial has not affected his strong support among right-wing voters.
Republican Trump loyalists, including several contenders for his vice-presidential pick in November, have vocally criticized the trial and some have even attended the courtroom sessions to support him.
Unanimity required
The judge has indicated that closing arguments will occupy all of Tuesday. He will then provide final instructions to the jury on legal interpretations.
A unanimous decision is required to reach a guilty or not guilty verdict. A single holdout would result in a hung jury and a mistrial, though prosecutors could pursue a new trial.
In addition to Daniels, the primary prosecution witness was Cohen, who testified that he arranged the $130,000 hush money payment to prevent her story from affecting Trump’s chances of becoming president.
Trump’s defense team focused much of their questioning on discrediting Cohen, noting that he had admitted to lying to Congress and had served time in prison for tax fraud.
Beyond the New York case, Trump faces indictments in Washington and Georgia for conspiring to overturn the results of the 2020 election.
He also faces charges in Florida for retaining large quantities of classified national security documents after leaving the White House.
