Trump: The keys to an appearance for History

A courtroom without television cameras, a progressive prosecutor, a Hispanic judge and the threat of a gag order await the former president amidst exceptional security measures.

What are the more than 30 charges on which Alvin Bragg succeeded in convincing a New York grand jury to bring Donald Trump to court? Will Hispanic judge Juan Merchan impose a gag order on the former president? Amid draconian security measures, and with a millimetric scenography, everything seems to be ready to reveal the keys to a crucial day for his future and even that of the US, none of which will be broadcast live in the end.

Trial or "witch hunt"?

Donald Trump, 45th president of the USA, has the dubious honor of being the first to have to appear on criminal charges before a judge. The former president faces some 30 charges, which will be revealed when they are read in court. The key to reaching this point has been the testimony of porn actress Stormy Daniels, who denounced the tycoon for allegedly paying $130,000 in exchange for her silence during the 2016 election campaign through his then lawyer, Michael Cohen. Cohen's participation was controversial, as he later went from being an ally, to an accuser. His statements were called into question after the publication of a letter in which he acknowledged himself, as the author, motu proprio, of the delivery of the money to Daniels, with funds from his office that were never reimbursed by the Trump team.

Trump has not stopped denouncing that the accusations against him do not hold water and that it is a politically motivated "witch hunt." An accusation shared by other leading conservative politicians, who have opened an investigation in the House of Representatives. The indictment is also not to the liking of Democratic politicians, who had hoped to be able to indict the former president on stronger cases, such as the Georgia investigation. Jurists, such as veteran Alan Dershowitz, who called the case "the worst, weakest, most abusive case" he has seen in his 60-year career, also see little substance to the case.

Will Trump be able to move forward with his candidacy?

Trump will be able to continue his bid for the White House in 2024, regardless if the proceedings against him go forward. The Constitution establishes only three requirements to be eligible to run for the federal Presidency: be a U.S. citizen born in the U.S., be at least 35 years old and, have lived for at least 14 years in the territory.

In fact, there is no provision in U.S. law that prevents a candidate convicted of a crime from campaigning, including holding the office of president, even from prison. For the moment, his impeachment has caused his support to soar in the polls against other Republican candidates.

Alvin Bragg

The Manhattan district attorney succeeded in imposing his judgment in the face of pressure from Republican and Democratic politicians and numerous media outlets to bring Trump to the bench. Bragg, backed by tycoon George Soros, is known for his progressive approach to crime fighting. His mandate is characterized by dropping charges and reducing felony convictions, downgrading them to mere misdemeanors, and not releasing felony suspects without bail.

A Hispanic Judge

Juan Merchan and Donald Trump are not strangers. The acting New York Supreme Court justice is an expert on the cases surrounding the former president. For instance, he sentenced to prison, Allen Weisselberg, a close Trump confidant, presided over the Trump Organization tax fraud trial and oversaw the criminal fraud case of former advisor Steve Bannon. All of which prompted Trump to explode on Truth Social: "[HE] HATES ME!"

A gag order on Trump?

A gag order can be issued by a judge to prohibit lawyers, witnesses or the defendants in a case, from making statements concerning the facts of the case. It is common in criminal cases, and is intended to ensure fair trials or in the face of the risk of someone making statements that may incite violence or be seen as a threat to prosecutors or witnesses. In this case, although Trump called on his supporters to protest and has repeatedly attacked the prosecutor and judge, there are doubts as to whether Merchán will take this step.

Trump's attorney, Joe Tacomina noted that "there is no scenario in which that is going to happen. I am sure of it. I do not believe it will be requested." In addition, counsel pointed out that a gag order "directly interferes in the elections" and would contribute to further burn the ex-president's sympathizers. "That would really inflame passions and tempers that have already been inflamed by this case," he said.

No cameras in the courtroom

Judge Merchán is known for not allowing media shows or circuses in his courtroom and being very strict with lawyers and prosecutors. In this case, he has prohibited the presence of television cameras to broadcast the hearing live or even record it. The judge did allow five photographers to be present at the start of the hearing and take images of Trump and the court.

Extraordinary security measures for Trump's arrival

New York authorities have been preparing for several weeks for Trump's possible arrival in court. The fear of altercations on the part of the former president's followers, or of an attempted attack against him, has led to the deployment of an extraordinary security detail. In addition to the numerous police officers who will ensure the maintenance of order, streets have been closed and checkpoints have been set up.