The drama starring former US President Donald Trump that is now playing out in a New York City courtroom is more than just a criminal trial. It is a contest between competing conceptions of power: a liberal-democratic system of law versus an illiberal conception that locates the source of authority outside the current legal system.
According to the conventional view, apart from the fact that for the first time in American history, the defendant is a former president (and current presidential candidate), this is just another criminal case. Prosecutors are seeking to prove beyond a reasonable doubt that Trump deliberately and unlawfully falsified business records to mask paying for the adult-film actress Stormy Daniels’ silence regarding her alleged sexual encounter with him.
The state is also claiming that by falsely labelling hush money as “legal fees,” Trump and his agents hid from the public relevant information about candidate Trump during the critical final days of the 2016 presidential election campaign.
If prosecutors can additionally prove that Trump’s actions advanced other unlawful activity – such as tax fraud or campaign-finance violations – the initial crime can be enhanced from a misdemeanor to a felony, potentially exposing Trump, if convicted, to a prison sentence.