
Whether Donald Trump is guilty in the eyes of the law will be placed in the hands of twelve New Yorkers, who are set to begin deliberating in the former president’s hush money trial on Wednesday and could come back with a verdict this week. It will be they who decide if the presumptive Republican nominee becomes the first American head of state to be convicted of a crime after leaving office – and up to the judge, Juan Merchan, to decide whether a conviction means Trump will also be the first former president behind bars.
In his closing argument, defense attorney Todd Blanche tried to sneak that fact in during what was otherwise two hours spent attacking Michael Cohen, the former president’s ex-fixer, dubbed by Blanche as the “greatest liar of all time.” He also insisted that his client only ever paid Cohen for his legal work, subject to a retainer that was never documented. Saying that his client could go to prison if found guilty was how Blanche chose to close out, which does not suggest confidence that he will be found innocent; it’s also why one of the last things the jury saw was Merchan reprimanding the defense counsel, reminding him that the rules of court prohibit trying to sway jurors with talk of incarceration when the crime, here, could be punished with a fine.