Trump was sentenced this month for falsifying business records to help win the 2016 presidential election. Judge Merchan imposed no punishment because of his respect for the office of the presidency and his fear that the Supreme Court would otherwise have blocked the sentencing. Trump is now the first US president convicted of a felony.
How was it possible that this man, who was convicted on all 34 felony counts by a unanimous jury of 12, was elected president by the popular vote, 49.8% to 48.3%? And how was it possible, given that his opponent was the vice president in an administration that reunited NATO allies in opposition to Russia’s invasion of Ukraine and created the “envy of the world” economy?
The mystery can be partly explained by the differences between jury and electorate. The jury was selected from among residents of New York City, in which only 32% voted for Trump. Additionally, about 80% of the jurors had a college degree compared to about 40% of the electorate. More than 50% of the jurors received their news from newspapers compared to fewer than 20% of the electorate. According to an April survey, Biden led Trump by 50% among newspaper readers.
More importantly, all the jurors were informed about Trump’s criminal activity according to rigorous rules of evidence, which are used by all US courts to help ascertain the truth and deliver justice. In stark contrast, the largest source of political news among the electorate is television. Leading up to the election, Fox News had more viewers than every other television news station, including CNN, MSNBC, ABC, NBC and CBS, despite having had to pay $887 million in April 2023 to settle with Dominion Voting Systems for spreading outrageous lies about the 2020 election. The second largest source of political news is social media, Facebook and X, which are immune from legal liability.
Rules of evidence and a code of ethics are critical for the just application of the law, accurate journalistic reporting and scientific progress. They are no less critical for our presidential elections.
Bill Black
Hanover