There is an enormous amount of rejoicing, chortling, fingerpointing, anger, sorrow, etc. following President Donald Trump’s conviction in the trial in New York. My reactions are pretty closely aligned with those of James Joyner:
In the grand scheme of things, paying hush money to a porn star to avoid political embarrassment and then committing tax fraud in the service of that tawdry act is as easily dismissed as committing perjury about an illicit affair with a subordinate while testifying in a case about sexually harassing a different subordinate. Both are arguably disqualifying for high office and yet easily dismissed by supporters.
To be clear, while I thought Bill Clinton and Donald Trump were both morally unfit to serve as commander-in-chief before they were ever sworn in and had that reinforced by their behavior in office, the latter’s transgressions are considerably greater. While I thought Clinton rightly impeached for perjuring himself regarding Lewinsky, that was the height of his transgressions as President. Further, while I frequently disagreed with him on policy grounds, I have no reason to doubt that he spent his presidency trying to make the country a better place. Trump, by contrast, used his office as a personal piggybank and had no interest in anything but his own power and enrichment.
I think he’s discounting the Clintons’ desire to enrich themselves via the presidency a bit.
I think there is a slippery slope in nominating and voting for individuals who are “morally unfit to serve as commander-in-chief” and we are seeing that play out. As we have seen there are also slippery slopes in impeaching presidents, castigating reasonably decent individuals running for president as monsters, and challenging the results of presidential elections in the courts.
I guess we’re about to see if there is a slippery slope in prosecuting former presidents, too.
Update
Washington Post
Momentous as the verdict feels, it comes in what was neither the most important nor the most legally compelling of the cases against Mr. Trump. Special counsel Jack Smith’s federal prosecution regarding Jan. 6, 2021, involving both the scheme to draw up fraudulent slates of electors and the insurrection at the U.S. Capitol, implicates an alleged assault on democracy. The Mar-a-Lago classified-documents case cuts to Mr. Trump’s unfitness to serve as commander in chief. The obstruction charge, covering Mr. Trump’s alleged efforts to mislead investigators about his retention of papers from the White House, seems clear-cut. Yet these cases remain unresolved, as Mr. Trump successfully persuaded various judges, and the Supreme Court, to consider time-consuming procedural issues. Thursday’s verdict, by contrast, involved a hush money payment scheme to an adult-film actress.
This is not to say Thursday’s result was illegitimate — or, as Mr. Trump declared, the result of a “rigged, disgraceful trial.” The Biden campaign’s decision to hold a news conference outside the courthouse on Tuesday was doubly unfortunate because it belied an important reality: Contrary to accusations from Mr. Trump and his allies that probes into him are “witch hunts” and any outcome that disfavors him “rigged,” the case showed the opposite. An investigation occurred. An indictment was secured. A jury was selected, and in an orderly trial, Mr. Trump got due process of law. Only with six weeks of testimony from 22 witnesses and ample corroborating evidence was a verdict declared.
The jurors appear to have fulfilled their oath to assess the case with care, taking time to have relevant testimony and jury instructions laboriously reread to them. They also accepted a crucial civic duty amid trying circumstances, forbidden from discussing a subject of widespread attention with their friends and family, and risking blowback for their eventual decision, whichever way it went.
Wall Street Journal
Thursday’s guilty verdict wasn’t entirely surprising, given the jury pool in Manhattan. If Mr. Trump had lucked out, he might have drawn one or two stubborn skeptics, like the Henry Fonda character in “12 Angry Men,” resulting in at least a hung jury. Instead the fortunate one was Manhattan District Attorney Alvin Bragg, who filed the weakest of the four indictments of Mr. Trump, but who managed to drag his case first over the finish line.
Normally a felony conviction would be politically fatal for a candidate appearing on the ballot in five months. But normally a prosecutor wouldn’t have brought this case. Mr. Bragg, an elected Democrat, ran for office as the man ready to take on Mr. Trump. When the new DA didn’t indict shortly after winning office, his top Trump prosecutors loudly quit, increasing the pressure on Mr. Bragg to do, well, something. Even after a guilty verdict, the case he ended up filing looks like a legal stretch.
The evidence from the six-week trial fleshed out some of the facts. Stormy Daniels testified that she and Mr. Trump had a sexual rendezvous in 2006, which he keeps denying, if implausibly. In the runup to the 2016 election, Mr. Trump’s fixer Michael Cohen paid Ms. Daniels $130,000 to keep quiet. Mr. Trump reimbursed him, and then some, in 2017. According to the DA, the crime was disguising this repayment as legal fees to Mr. Cohen for work under a retainer that didn’t exist.
On the law, though, the case was a bizarre turducken, with alleged crimes stuffed inside other crimes. By the time Mr. Bragg showed up on the scene, the Stormy business was old enough that Mr. Trump couldn’t be hit with misdemeanor falsification of records, because the statute of limitations had expired. To elevate these counts into felonies, the DA said Mr. Trump cooked the books with an intent to commit or cover up a second offense.
What crime was that? At first Mr. Bragg was cagey. He eventually settled on a New York election law, rarely enforced, that prohibits conspiracies to promote political candidates “by unlawful means.” This explains why prosecutors spent so much trial time on David Pecker, the National Enquirer boss. His outfit paid $150,000 in 2016 to silence another woman, Karen McDougal, who also says she had an extracurricular affair with Mr. Trump. Mr. Bragg’s argument is that they were all in cahoots, more or less, to steal the election.
Yet what “unlawful means” did this alleged conspiracy use? The DA’s argument was that there were three: First, the hush money was effectively an illegally large donation to Mr. Trump’s campaign. Second, more business filings were falsified, including bank records for Mr. Cohen’s wire transfer to Ms. Daniels. Third, false statements were made to tax authorities, since Mr. Trump’s repayment of Mr. Cohen was structured as income and “grossed up” to cover the taxes he would need to pay on it.
In some ways this Russian nesting doll structure, to use another analogy, defies logic.
New York Times
In a humble courtroom in Lower Manhattan on Thursday, a former president and current Republican standard-bearer was convicted of 34 felony counts of falsifying business records. The jury’s decision, and the facts presented at the trial, offer yet another reminder — perhaps the starkest to date — of the many reasons Donald Trump is unfit for office.
The guilty verdict in the former president’s hush-money case was reached by a unanimous jury of 12 randomly selected New Yorkers, who found that Mr. Trump, the presumptive Republican nominee for president, was guilty of falsifying business records to prevent voters from learning about a sexual encounter that he believed would have been politically damaging.
Americans may wonder about the significance of this moment. The Constitution does not prohibit those with a criminal conviction from being elected or serving as commander in chief, even if they are behind bars. The nation’s founders left that decision in the hands of voters. Many experts have also expressed skepticism about the significance of this case and its legal underpinnings, which employed an unusual legal theory to seek a felony charge for what is more commonly a misdemeanor, and Mr. Trump will undoubtedly seek an appeal.
Yet the greatest good to come out of this sordid case is the proof that the rule of law binds everyone, even former presidents. Under extraordinary circumstances, the trial was conducted much like any other criminal trial in the city. That 12 Americans could sit in judgment of the former and potentially future president is a remarkable display of the democratic principles that Americans prize at work.
Washington Examiner
The term “kangaroo court” has seemed an apt and amusing term to apply to the trial of former President Donald Trump in Manhattan during the past month. But now that, for the first time in history, a former president has been found guilty of felony indictments, it cannot be regarded as anything other than a dark day for the nation. Jurors decided Trump was guilty on all 34 counts, carrying the possibility of more than 100 years of jail time for business record violations that occurred over a decade ago.
It is a dark day, not because of the guilty verdicts but because this trial has been a travesty from start to finish. It is clear, first of all, that no one other than Trump would have been charged in this way. No one other than Trump would have had a prosecutor concoct such an absurd and disgraceful list of charges and twist the law to do so. It is indisputable that no person has ever been prosecuted as a felon for the misdemeanor recordkeeping crimes as Trump was. It’s odd, isn’t it, that the only person ever so charged should be a former president, the much-hated opponent of the current incumbent, who is leading in the polls only five months before Election Day. The only reason Trump was charged and convicted of this crime is because he is Trump. This is what banana republics do.
Nate Silver
My expectation is that Biden will see some improvement in his numbers — perhaps something roughly equivalent to a mini convention bounce — and the question is mostly about how steep it is and how long it persists. In particular, I’ll want to see whether any decline for Trump survives past the first debate on June 27 or instead the debate reverts the race to where it was previously.
If there isn’t some sort of bounce for Biden, however — even a temporary one — then obviously that will count as a highly bearish signal for him. Improved consumer perceptions about the economy haven’t really improved Biden’s numbers much, and nor has a period of comparatively favorable news coverage. (The “vibes” within the pundit class don’t translate in any reliable way to those among swing voters.) The poker term for being in a dicey spot but where your odds have a chance to improve is “having outs”, meaning that you might catch some good cards to redeem your position. The possibility of a criminal conviction was one of the best outs Biden had left — and if it doesn’t move the numbers, I’m not sure what will.
Ilya Shapiro
The Donald Trump verdict is a travesty of justice. I say this not as a Trump-lover—I don’t love any politician, preferring transactional relationships regarding policy—but as a lover of the rule of law. From the moment that Manhattan DA Alvin Bragg chose to indict Trump for nearly decade-old offenses that Bragg himself had previously declined to prosecute, the circus came to town. The jury’s findings of guilt on all 34 counts of falsifying business records are almost anticlimactic, putting the cherry on top of multiple scoops of misused legal authority.
You can read elsewhere analyses of the allegations about how the former president funneled business funds through his convicted-felon consigliere Michael Cohen to his mistress Stormy Daniels so that she wouldn’t spill the beans on their affair in the midst of the 2016 campaign. As I understand it, the business-records violations became felonies because they’re in furtherance of a campaign-finance violation—this is what allowed Bragg even to bring charges, given that the statute of limitations would otherwise have run out on the first, underlying actions. But you wouldn’t get this from following the trial, which left most observers scratching their heads at what the crimes were that Trump had supposedly committed.
Mind you, I didn’t follow the trial that closely, either. Because that fact pattern is what lawyers call a stretch, and because it was so blatantly Bragg’s politicized persecution of his party’s bête noire, the legal play-by-play seemed beside the point. Salacious details notwithstanding, I couldn’t get myself worked up about the minutiae of long-ago accounting practices relating to a nondisclosure agreement. But I do have a JD and work in legal policy, which should give me a better understanding of what’s going on. And yet, I still don’t understand these 34 convictions.