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The Lawfare Podcast

Does Trump Have to Attend His Own Trials?

The Lawfare Podcast

The Lawfare Institute

Politics, Terrorism, National Security, News, Foreign Policy, Diplomacy, Intelligence, Rule Of Law, Military, Constitutional Law, Current Events, International Relations, History, International Law, Government, Law

4.76.4K Ratings

🗓️ 11 August 2023

⏱️ 42 minutes

🧾️ Download transcript

Summary

Former President Trump has been arguing for some time now that the criminal charges he’s facing in New York, Florida, and D.C. are politically motivated. At a campaign event in New Hampshire a few days ago, he also complained that the cases are forcing him “to spend time and money away from the campaign trail.” The cases haven’t even gotten to trial yet, but two of them are scheduled to take place during campaign season.

Which raises the question: does Trump have to actually attend all of these trials while he’s also running for president? 

Lawfare Executive Editor Natalie Orpett sat down with Dan Richman, the Paul J. Kellner Professor of Law at Columbia Law School, to discuss. As it turns out, it’s a complicated question.

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Transcript

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0:00.0

The following podcast contains advertising to access an ad-free version of the LawFair

0:07.2

podcast become a material supporter of LawFair at patreon.com slash LawFair, that's patreon.com slash

0:16.9

LawFair. Also check out LawFair's other podcast offerings, rational security, chatter, LawFair

0:25.6

no bull and the aftermath. I can't imagine the jury not being aware that not just Trump

0:38.3

is absent, but that that Trump is out there sort of celebrating his absence as his communication

0:48.1

of the trial's deep, unseriousness. We can imagine jurors who do take their obligation

0:56.0

really seriously are incredibly moved intellectually by the evidence of Trump's guilt and thinking

1:08.0

gosh, against this evidence, his failure to appear is just another indication of the contempt

1:16.8

with which he holds all appropriate government activity and we should hold them accountable

1:23.0

for what he has charged and in a way take his absence as consciousness of guilt proof.

1:31.3

I'm Natalie Orpet, executive editor of LawFair and this is the LawFair podcast August 11th,

1:38.3

2023. Former President Trump has been arguing for some time now that the criminal charges

1:43.9

he's facing in New York, Florida and DC are politically motivated. At a campaign event

1:49.8

in New Hampshire a few days ago, he also complained that the cases are forcing him to spend

1:54.7

time and money away from the campaign trail. The cases haven't even gotten to trial yet,

2:00.6

but two of them are scheduled to take place during campaign season. Which raises the question,

2:06.3

does Trump have to actually attend all of these trials while he's also running for president?

2:12.0

I sat down with Dan Richmond, the Paul J. Calner professor of law at Columbia Law School

2:17.1

to discuss. As it turns out, it's a complicated question. It's the LawFair podcast August 11th,

2:25.1

2023. Does Trump have to attend his own trials?

2:30.9

So Dan, as we know, former President Trump is facing, let us say, a lot of different

2:37.3

legal proceedings. So right now, it seems like everyone's really focused on the recent

...

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