'Lack of remorse is a negative': Expert says Trump trial conduct will be back to haunt him

Former President Donald Trump could be digging himself a deeper hole by making no effort to appear remorseful about his actions in the Manhattan hush money trial, wrote former impeachment counsel Norm Eisen for The New York Times.

Trump is charged with felony business fraud for his alleged concealment of hush payments to adult film star Stormy Daniels, which Manhattan District Attorney Alvin Bragg argues was a scheme to interfere with voters in the 2016 election. Trump denies these allegations, including that the affair happened in the first place — but furthermore, he has raised eyebrows for showing disrespect to potential jurors.

Based on this behavior, and the former president's track record, wrote Eisen, "There is every reason to believe that will not change even if he is convicted, and lack of remorse is a negative at sentencing. Justice [Juan] Merchan’s evaluation of Mr. Trump’s history and character may also be informed by the other judgments against him, including Justice Arthur Engoron’s ruling that Mr. Trump engaged in repeated and persistent business fraud, a jury finding that he sexually abused and defamed E. Jean Carroll and a related defamation verdict by a second jury."

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Additionally, he added, Merchan could factor in that "Mr. Trump has been repeatedly held in contempt, warned, fined and gagged by state and federal judges," including "for statements he made that exposed witnesses, individuals in the judicial system and their families to danger." Trump's personal attacks on Merchan's daughter could make things even worse for him.

Of course, Eisen added, the outcome could hinge broadly on whether Trump wins the election — because while Trump cannot pardon himself of state charges if convicted, he could bring the full force of the Justice Department in litigation arguing that the conviction was unconstitutional. Either way, sentencing is likely to take place after the election.

So ultimately, Eisen concluded, "if Mr. Trump is convicted and sentenced to a period of incarceration, its ultimate significance is probably this: When the American people go to the polls in November, they will be voting on whether Mr. Trump should be held accountable for his original election interference."