6 Key Points From Trump’s Hush Money Case as He Becomes First Ex-President on a Criminal Trial

Trump Will Be First Former President Undergoing a Criminal Trial

Former President Donald Trump will go on trial on April 15 for his involvement in a hush-money payment to Stormy Daniels ahead of the 2016 presidential election, marking the first criminal prosecution of a former U.S. president. Trump has been attempting, with little success, to postpone the beginning of his first criminal trial for months. He has also made several desperate attempts to put the case on hold permanently. Now that Trump is compelled to leave the campaign road, he will sit down at the defense table in a Manhattan courtroom, where a group of twelve New York jurors will deliberate on whether to declare him a felon before Election Day, ABC News reported. Here are six important things to know before the trial begins.

1. The Summary of the Case and the Charges

The lawsuit centers on a hush money payment that adult film actress Stormy Daniels received from Trump's former fixer, Michael Cohen, to hide an alleged sexual encounter before the 2016 election. Trump disputes the relationship. Daniels (actual name Stephanie Clifford) received a $130,000 payment from Cohen in exchange for her silence, per The Hill. For carrying out the contract, Trump reimbursed Cohen, which Trump's business recorded as legal costs. The Manhattan district attorney contends that this was illegal. Prosecutors contend that the payment to Daniels was a minor component of a larger "catch-and-kill" operation to suppress unfavorable rumors about Trump before the election. Trump's payments to Cohen following the arrangement of the hush money deal with Daniels are the basis for his 34 felony charges of falsifying business documents. Pleading not guilty, Trump has denied having an affair.

2. Could Trump Go to Jail?

While several seasoned New York attorneys told USA TODAY they thought Trump may receive a jail sentence if found guilty, others anticipated he would just receive probation. Although Trump would be a first-time, nonviolent felony offender, other defendants found guilty in New York on similar counts have received sentences of several months in prison. Trump would almost definitely file an appeal if found guilty. According to experts, he has a high chance of staying free while he files his appeal. For a former president under constant Secret Service protection, it's unclear what a prison sentence might entail.

3. Trump’s Court Testimony and Out-Of-Court Gag Orders

According to New York state law, Trump must be present for the entirety of his trial, which may go on for six or more weeks. During the trial, Trump has hinted that he would testify in his defense, and his attorneys have stated that they will make the case that the former president had no criminal intent. "I would testify, absolutely," Trump earlier said to reporters. Trump is anticipated to use the trial to reaffirm his campaign promises and criticize the proceedings because he will be absent from it for at least four days each week. The former president may speak on the case in front of a camera in the corridor outside his courtroom, and he may provide lengthy statements either before or after the hearing. Last month, Judge Merchan issued a limited gag order in the case, which forbids Trump from mentioning prospective jurors, case witnesses, specific prosecutors other than Bragg, and Merchan and Bragg's families. In recent weeks, Trump has abided by the gag order, spreading articles about the judge's daughter on social media, threatening a member of Bragg's team, and focusing on a few possible witnesses. Earlier this month, Merchan extended the restricted gag order to include his and Bragg's families, putting Trump "on notice" for any violations of the jury selection process.

4. How Will Jury Selection Work?

Judge Juan Merchan will likely provide a synopsis of the case to prospective jurors as they settle into the courtroom on Monday to assist them in determining whether or not they can serve as unbiased and fair jurors. In an application filed last week, Merchan stated that he would explain to prospective jurors that the case is centered around accusations that Trump participated in a plot to "unlawfully influence the 2016 election." If jurors find they are unable to be unbiased or fair, or if they have a conflict that keeps them from serving during the protracted trial, Merchan intends to excuse them. Following that, the jury will be given 42 questions about themselves and their probable opinions of the case. Inquiries about their residence and place of employment, marital status, news source, and previous encounters with law enforcement are among the common inquiries asked during the voir dire procedure. However, certain questions are tailored to look for any bias for or against Trump.

5. The Smallest Charges Among All of Trump’s Criminal Cases

Some observers who are concerned that Trump's actions endanger American democracy and national security have criticized the fact that his first criminal trial is in this matter. Along with these charges—which many view as less serious—the former president is also accused of trying to rescind his defeat in the 2020 election in Georgia and Washington, D.C., and of storing confidential materials in Florida even after a subpoena. Trump has entered not-guilty pleas in each instance. Trump should still be held accountable in this case if he violates the law, according to several former prosecutors, despite the general belief that other cases are more important. "The fact that it's not as bad as leading a revolt to destroy the American Republic leaves an awful lot of room," John Moscow, a New York lawyer told USA TODAY.

6. What Do Polls Say About This Case?

Numerous Americans have expressed their opinion that the accusations are noteworthy. In a Reuters/Ipsos survey conducted in early April, 64% of registered voters stated that the allegations are at least "somewhat serious," while 34% disagreed. The others either didn't know or didn't respond. New York University history professor Steven Hahn forecasted that a criminal conviction would hurt Trump's political standing. "I just can't see how it could help him except solidify the support of people who are utterly committed to him," Hahn told USA TODAY. Trump could continue to agitate Merchan on social media as part of his ostensible plan to paint judges he finds hostile as prejudiced.