Jury deliberates in Trump’s hush-money trial. What happens next?
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Former US president Donald Trump returns from a break in his criminal trial for allegedly covering up hush money payments at Manhattan Criminal Court in New York City, on May 28, 2024..
PHOTO: AFP
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NEW YORK - After more than six weeks of proceedings, closing arguments in former president Donald Trump’s criminal hush-money trial
On May 29, Judge Juan Merchan gave the 12-person panel instructions on how to apply the law to the case – known as a jury charge – and dispatched them to begin their deliberations.
As the jury starts the process to reach a verdict, which could take hours or days, here is a rundown of what is at stake and could happen next:
What charges does Trump face?
Trump faces 34 counts of falsifying business records for payments made to his former lawyer Michael Cohen.
Prosecutors say Trump directed Mr Cohen to pay US$130,000 (S$175,790) to adult-film star Stormy Daniels ahead of the 2016 election to stop her from going public with a story about a sexual encounter she claims they had.
The prosecution argues that Trump reimbursed Mr Cohen for the hush-money scheme
What was the jury told?
The judge urged the jurors to ignore the massive political implications
“You do recall during jury selection you agreed you’d put aside any views or political” theories, Judge Merchan said. “You must not allow any such opinions to influence your verdict.”
What happens now?
The jury, whose identities were kept anonymous throughout the trial, will deliberate behind closed doors. During the process, members can send a note to the judge asking for clarification on any points, to see evidence again or to rehear testimony from witnesses.
The panel’s verdict must be unanimous and there is no limit on how long a jury can deliberate. Once a verdict is reached it will be read in open court by either the judge, his clerk or the jury foreperson.
What if the jury is deadlocked?
If the jurors are unable to reach a unanimous decision, Judge Merchan could try to end the impasse by giving them renewed legal instructions – a so-called Allen Charge – which encourages jurors to come to an agreement. Such a charge is usually given no more than once or twice. If the panel is still hung, the judge will have to declare a mistrial and dismiss the panel.
Prosecutors may then seek to retry the case, but it is unclear how quickly Manhattan District Attorney Alvin Bragg would bring a new trial or if another could happen before the November election. His office declined to comment.
Can jurors convict Trump on some but not all charges?
Yes, the jury could decide to convict Trump on some of the 34 counts. For the charges he is acquitted on, he cannot be retried. If the jury is deadlocked on any of the charges, it would be up to Mr Bragg’s office to decide whether to pursue a second trial.
If the panel isn’t convinced of the former president’s guilt beyond a reasonable doubt and is unanimous, it could acquit him. If that happens, prosecutors can’t retry him.
What happens if Trump is convicted?
If Trump is found guilty of any of the 34 counts, the next step will be for Judge Merchan to sentence him.
A typical defendant convicted of a felony charge is sentenced to serve some prison time, but there is nothing in the law that requires it.
Judge Merchan could instead sentence Trump to probation, especially if he decides that leniency is warranted because the former president is 77 years old and a first-time offender with no criminal record. Trump could also be ordered to pay some kind of fine or financial penalty.
Still, Judge Merchan has made it clear that he takes white-collar crime seriously and already warned Trump he could put him behind bars for repeatedly violating a gag order. He also acknowledged the unique security requirements of imprisoning a former president under 24-hour Secret Service protection.
How long could Trump go to jail?
Typically, New York state defendants are sentenced within a month of their conviction and, if jailed, ordered to report to prison within weeks.
Each of the counts is a Class E felony, which carries a prison term from 1⅓ years to four years.
If Trump were convicted of more than one count, Judge Merchan could impose a concurrent sentence, meaning the former president would serve all of his prison time simultaneously. He could also order Trump to serve the counts one after the other, but legal experts have said that isn’t likely.
Can Trump appeal?
Yes. The first step would be a Manhattan appeals court and eventually an appeal would make its way to New York’s Court of Appeals, the state’s highest court in Albany. Trump could eventually ask the US Supreme Court to weigh in.
It would be up to Judge Merchan to decide whether to jail Trump or allow him to remain free while he appeals. While criminal defendants in New York state can typically be jailed while the appeals process plays out, that would not necessarily apply to Trump because he’s charged with a non-violent, white-collar crime.
If Trump is convicted, where could he serve his term?
It is not clear where Trump would serve any jail term, though the US Secret Service, which protects current or former presidents, has met with federal, state and city officials to discuss the possibility of Trump behind bars, The New York Times has reported.
If Trump is convicted and sentenced to a year or less in prison, he could possibly serve it at New York’s Rikers Island, which includes seven jails. Allen Weisselberg, 76, the former chief financial officer of the Trump Organisation who recently pleaded guilty to perjury, is completing a five-month term in a medical unit at the complex.
Would a conviction mean Trump couldn’t run for reelection?
Trump could still run for office if convicted. The US Constitution sets few eligibility requirements for the position, including no limitations based on character or criminal record.
What other criminal cases are still pending?
Since the New York indictment was filed against Trump in March 2023, he has been indicted three more times, including two federal cases. None of them is likely to occur before Election Day in November.
How could a verdict affect the 2024 election?
A Trump victory would mean that the US faces the unprecedented situation of a convicted felon serving as its head of state – a fact that is not uncommon throughout the rest of the world, but something the US was always proud to avoid. Trump has compared himself with South African leader Nelson Mandela, who was imprisoned for 27 years for opposing the apartheid regime.
What is less clear is how it might affect the outcome of the election.
Can Trump pardon himself if re-elected?
No, because the Manhattan case was brought by state and not federal prosecutors. That is also true in the Fulton County, Georgia case, which, like New York, is a state prosecution. But in the two federal cases, Trump could theoretically direct the Justice Department to drop the cases if re-elected. BLOOMBERG
