Guilty or Not Guilty? Does it Matter?

Drawing by Wannapik

Most days lately, the news networks have been hyperactive with analysis of the “Trial of the Century”, the so called “Hush Money Trial” of former president Donald Trump. The pundits are knocking each other over to give us their take on the prosecution’s strategy, performance of the defense legal team, execution by the judge, the demeanor of the jury, and even the temperature in the courtroom. If you have watched enough of this coverage, you will know that the legal issue is not that Trump allegedly paid off Stormy Daniels to keep quiet about an alleged tryst during a golfing weekend, but how the money was paid and categorized on personal and business records. I think I “get” the technical details, but quite frankly, I don’t think any of it matters.

Just before the 2016 election, the infamous Access Hollywood tape was made public on which we could hear Trump discuss how he treats women. I don’t have to get into the details. If you are an adult in 2024, unless you have been living under a rock for the last eight years, you know what that was all about. So, why am I bringing this up now? Because it didn’t seem to matter. Apparently the American voting public was more concerned about Hillary Clinton’s handling of her email than Donald Trump’s mishandling of women. In an election even he didn’t think he could win, we passed over a flawed but extremely capable candidate to elect Trump president. So why does anyone think this trial is important? Is paying hush money and covering up that payment any more heinous than the actions Trump admitted on the Access Hollywood tape?

At this writing, the prosecution has nearly finished presenting its case. I’m not a lawyer, but I have watched enough CNN to say confidently that the case is strong, but not overwhelming. I think the jury will probably believe that he had the encounter with Ms. Daniels, and that she was paid to be silent. The whole business about elevating this misdemeanor to a felony if it was committed in the furtherance of another crime is a bit more fuzzy. And I really don’t want to attempt to explain the legalities any more than that. If you need more detail, tune into CNN virtually anytime. As we all know, the trial will either result in a conviction, an acquittal or a hung jury. So let’s talk about the results in each case.

If twelve of his peers acquit Trump, he and his supporters will shout from the rooftops that the entire trial was an exercise in election interference and never had anything to do with bringing justice. After all, who was the wronged party? In a murder case it is the family of the victim. In a robbery it is the person robbed. Exactly who is it here? Of course, it is the American People. The prosecution alleges that the second crime was not allowing Ms. Daniels to tell her story, thus reinforcing Trumps proclivity for misogyny and his lack of moral fiber. An acquittal, he and his supporters will tell us, means that he never committed a crime. The man’s private life should be private. This is all a conspiracy of the political left engineered to attempt to defeat Trump in the election.

Given the fuzziness of the details and the political overtones, it is easy to envision one or more jurors who will not be convinced, beyond a reasonable doubt, of Trump’s guilt. This trial could easily result in a hung jury. How would that play out? You know the answer; same as above: election interference, no victim, no crime committed, etc. Will any votes be changed? I doubt it.

Let’s play out the third scenario; a guilty verdict. First of all, let’s dispense with the thought of Trump campaigning from a prison cell. Between appeals, legal maneuvering, sentencing delays, lenient sentencing, etc. I doubt that Donald Trump would ever see an actual day in jail resulting from this trial. And certainly, nothing would happen before the election. But how could a conviction affect the election? What would he and his supporters tell us? That’s right; election interference, no crime committed, corrupt system, left-wing conspiracy, etc. In other words, the same thing that would be said after either of the other results. And how would the voting American Public react? In my humble opinion, those who are ready to vote for him will buy all of the above hook, line and sinker. I don’t think a conviction will make a bit of difference on election day.

Biden supporters are taking solace in polls that say that as many as 20% of Trump’s supporters would reconsider after a conviction. I just don’t believe it. Let’s me be honest here, if I believe those poll results, then I have to believe the saying that Biden is going to lose, and I am not ready to buy that just yet. Let’s see how this whole thing plays out. But as for the “Trial of the Century”; in the grand scheme of things I don’t think it means a damn thing.

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