The Donald Trump case and the alchemy of unique New York traits

It is not obvious to many in the US, and overseas, that Donald Trump is a New Yorker; he grew up in its unique cauldron of cultures and historic shifts in the 60’s and every decade after that

By Sohail Salahuddin

Donald Trump, the former president of the United States, was charged with 34 felony counts in a Manhattan Court on April 4, 2023 – making it the first time in history for a US President. But the legal event was made more explosive by additional factors, mostly unspoken. Here are three key perspectives – a contextual layout, the legal case itself, and social effects.

First, a unique contextual note – it is not obvious to many in the US, and overseas, that Donald Trump is a New Yorker. He grew up in its unique cauldron of cultures and historic shifts in the 60’s and every decade after that. New York was the epicenter for changes in business and culture, which then rippled through the globe – whether it was Woodstock, Broadway, organised crime, or finance and real estate tycoons building skyscrapers.

Growing up in Queens and the construction business, he would have had to deal with rough and diverse characters, and he mingled freely in social elite circles and celebrities in Manhattan. This alchemy breeds unique New York traits that seem abnormal to outsiders but is part of the grit that makes up New York.

Communication lost on most TV reporters

This lens may add perspective to watching President Trump’s motorcade departing from Mar-a-lago for the airport. It was a visual force and communication lost on most television reporters. Six sleek black SUVs plus bracketed by two vehicles exited the gates of his eclectic opulent mansion. The building has a striking Spanish Mooresque design, framed in red hued walls, with roof and floor tiles in thousands brought in from Spain, Cuba and Genoa. An ornate interior and arches provide more character.

The estate links into the modern with luxurious facilities, swimming pool, golf course and fine dining. The residence was already called the Winter White House decades earlier, long before the 2016 election – a bizarre twist. It felt surreal that the trip was supposed to end in a court room, indictment and arrest.

The former president than boarded his private navy-blue Boeing 757, with ‘TRUMP’ emblazoned in gold letters on the side. The unique branding and presentation were different from that of any business billionaires, royal families, politicians, or country presidents that I am aware of. The trip would take him to his residence at Trump Tower at the iconic 5^th Avenue location in New York. Its adjacent to a street full of billionaires.

Broader perspective

From this broader perspective, we need to shift inside the ring to face the legal case itself – without the noise. It relates to payments of $130,000 made to porn star Stormy Daniels as hush money to prevent her publicly discussing the topic of sexual relations with President Trump. For context, the alleged sexual interaction occurred in 2006, payments in 2016, and then cases culminated in proceedings by District Attorney Alvin Bragg in New York on April 4, 2023.

The intrigue and mystery arise from the fact that such payments for non-disclosure are common and legal across industries in the US. After weeks of media buildup, Bragg’s indictment focused on the anti-climactic accusation that the payments were not labelled properly for accounting purposes, even though they were allowed as valid business expenses.

Normally it would be in the scope of auditors to research related accounting rules which from my own experience with financial reporting can be complex and obtuse. None of the accounting firms have been consulted to my knowledge.

No 100 percent correct method for many transactions

As a general overview, there is no hundred percent correct method for many transactions – the SVB $16 billion bank collapse is in one part related to accounting rules, followed correctly, but that still distorted the value of assets and hid insolvency issues. Many major corporations live in this dual reality of success and insolvency.

The charge of falsifying documents relates to the business accounting of the payments as legal expenses. It is that one issue which is counted multiple times to arrive at 34 felony counts. It is not 34 different types of activity. Normally such issues are treated as misdemeanors, which come below the scope of criminal charges – another grey area.

This is why commentators differ on whether this is a flaccid or strong legal case. That choice generally correlates with the political stance of whether one is for or against Trump. The intense political divide makes it difficult to find a person with objective analysis. Moreover, such a person will likely not be considered worthy given the passions clouding judgement.

Additional fire

The additional fire is over how Bragg had to be creative to use his role under New York State law to connect the business violation to felony status and to Federal violations. He tries to categorize the payment for non-disclosure as a breach of federal campaign finance rules – another ambiguous stance with no detailed explanation.

And going from ambiguity to secrecy, he did not want to disclose even in the press briefing what law he intends to use for prosecuting the case. Although praised by some as strategic, it reveals the common practice to force defendants to keep coming to court indefinitely. For most Americans, that is not an option as such absenteeism will likely get them fired from their jobs.

This brings us to the third perspective on social linkages. The point in the prior paragraph underscores the weakness of the oft cited claim, “no one is above the law”.  Given current income levels, most Americans cannot afford the fees for lawyers – this is illustrated by the huge load of eviction cases nation-wide threatening to make people homeless.

How many can afford a lawyer?

Generally, 80-90% of these cases are won by those who can afford a lawyer (i.e., landlords). Judges are not including this economic constraint in their decisions, claiming that it’s outside their legal scope. ‘No one is above the law’, but in practice outcomes are more dependent on wealth.

This illusion of universality has not been solved as far back as the writing of the US Constitution and even in city-state democracies in Plato’s time.

Finally, the contextual framework of the time, resources and people devoted to the myriad cases against the former president is that other crises of great import are unfolding simultaneously that need the attention of lawmakers, representatives, and the civil service. Many individuals focusing on the cases against one individual have to trade off their time on other issues. Every known economic model relies on this axiom that resources are finite.

Conspicuously missing analysis

This analysis seems conspicuously missing amidst current high-risk events like the Ukraine war, collapsing global trade causing food shortages, sanctions disrupting supply chains, and a financial crisis.

And that is not even mentioning local issues like the hundreds of millions missing in New York State from the stimulus funds and other payments due to residents; this needs more attention than the relatively insignificant amounts paid to a porn star and discussions about whether she wore a condom seventeen years ago.

Liberals would be greatly helped by understanding that serving and meeting needs of their constituents is the most potent positive force for weakening extremism.

The incessant speeches about threats to freedom and security by one man miss the point. The bigger challenge is that large segments of people feel left out and want a change. Hate and calling people enemies is leading to a darker point of no return. The better solution and use of resources is to win over more Americans, by providing attention and care.

• This is an Opinion piece not necessarily endorsed by The News Porter. Views are the author’s own and The News Porter bears no responsibility for the same.

[Main/Featured Image on top by Rogier Hoekstra from Pixabay; image used for illustrative purposes only]

Sohail Salahuddin majored in Economics and Government but developed his own unique methodologies while working in complex structuring issues that were innovations not available in textbooks: the work spanned finance, three global disasters, and nonprofit community work. He has lived and worked in the US, Asian countries, and Middle East and done stints in Europe. He can be reached at sohail.humanbehavior@gmail.com