A historic process begins today in the USA. For the first time there is a criminal case against an ex-president – against Donald Trump. But how good are the prosecutor’s chances?
Donald Trump’s legal team tried until the very end to avert, move or delay the criminal trial. But last week alone it suffered several defeats.
Trump is said to have forged company documents in 34 cases. In order to conceal eleven payments to his former cleaner Michael Cohen alone. He had given the porn star Stormy Daniels hush money – $130,000 to be exact. This was intended to keep an alleged and long-standing affair between Trump and Daniels secret.
The whole thing happened in 2016, shortly before the election – at a time when Trump was under massive pressure for derogatory comments about women. The New York prosecutor’s office believes it has identified a system to influence elections.
Former prosecutor Annemarie McAvoy says she thinks this is contrived. In conversation with the ARD studio New York She says it will be difficult for the prosecution to prove the system. The FBI had already examined whether this could be a case and decided against it because no campaign finance violation was found. The previous public prosecutor also examined the case – and he also decided against it.
But prosecutor Alvin Bragg now wants to try it with a New York jury.
From today onwards the jury will be compiled
This jury will be put together starting today: twelve jurors and six alternates. The candidates have to answer 42 questions in the courtroom – for example about their hobbies, their radio and television habits, whether they had political or professional contact with the defendant or whether they attended one of Trump’s campaign appearances.
It’s about getting a feel for people, says lawyer McAvoy. But it could be difficult to find unbiased jurors in a city where probably 90 percent of people voted against Trump and would probably do so again. As long as someone says they are willing to decide fairly based on the evidence alone, they can serve as a juror.
Often, says McAvoy, people can’t do this but want to be on the Trump jury because then they would have something to say and would get attention. Others wanted to harm Trump and therefore wanted to be on the jury. It’s not an absolutely secure system, that’s for sure.
Can push jurors to their limits
It can take days or weeks until the jury is chosen. McAvoy expects the subsequent questioning of witnesses from all parties to take six to eight weeks.
All of this can push the jury to its limits. They are not allowed to talk about the trial outside the courtroom. And they should stay away from current reporting.
There have been trials where jurors were switched or all had to be isolated together, McAvoy says. Something similar is at least conceivable for the current case, which is causing a stir worldwide. Trump is polarizing – and it is conceivable that attempts will be made to get to the jury and visit them.
The court is trying to keep jurors away from their homes and families for the duration of the trial. But that’s difficult, especially in a six-week process. She hasn’t heard anything like that yet, says McAvoy. But one possibility is also to accommodate the jury in a hotel and thus control their access to media and news channels.
Trump must be present
Trump has admitted the payments as such, but denies having manipulated documents. He considers the criminal trial in New York – at which he must always be present, four days a week – as well as all other proceedings against him to be insubstantial and politically motivated.
In the end, the former president could end up in prison – something that has been discussed in the American media for weeks.
The jury must reach a unanimous verdict. If they do not agree, the process will be terminated and a decision would have to be made about a new edition.
Charlotte Voß, ARD New York, tagesschau, April 15, 2024 6:28 a.m