Attorneys for former President Donald Trump have been criticized for their continued use of the title “President” when referring to him in court and in legal filings.
Some legal experts say that this is an attempt to appeal to the emotions of the jury or the public and could prejudice the case against Trump, and since the prosecution has nothing to do with the duties of the office, using the title in this way is a flagrant ethics violation.
In one recent court filing, Trump’s attorneys referred to him as “President Trump” 14 times.
They also referred to him as “the 45th President” and “the former President.”
Those attorneys have argued that they are simply referring to Trump by his proper title but critics say that the use of the title “President” is an attempt to remind the jury or the public of Trump’s former status and authority, which could create a sense of sympathy for him or make the jury or the public more likely to believe that he is innocent.
“The use of the title ‘President’ is a clear attempt to appeal to the emotions of the jury,” said one legal expert. “It’s a way of reminding them of Trump’s former status and authority, and it could make them more likely to give him the benefit of the doubt.”
The judge in the case has not yet ruled on whether the use of the title “President” is appropriate.
However, the criticism suggests that the attorneys may need to reconsider their use of the title.
The four criminal cases against Trump center on his alleged attempt to alter the vote results in Georgia, his conspiracy to stay in power despite losing the 2020 election, keeping classified government records after leaving the White House in January 2021, and falsifying business records to coverup the hush money paid to a porn star with whom he had sex.
He has pleaded not guilty to all of the charges in three of the four indictments.
Prosecutors in Atlanta have given Trump until Friday to voluntarily surrender for charges included in a 41-count indictment that accused him and 18 others of operating as a “criminal organization” as they sought to overturn the 2020 presidential election results in Georgia.
The court calendar won’t clear anytime soon for Trump, who remains a strong favorite to be the Republican nominee for 2024.
Trial dates are scattered throughout early 2024, while voters will officially start to weigh in in January and many presidential primaries will follow in March.
The trial is scheduled to begin in January 2024.
It is important for attorneys to remain impartial in their dealings with the court, and the use of the title “President” is a clear violation of that principle. Attorneys should refer to the defendant by their legal name, or by their initials, in court or in legal filings, but in what seems a state of desperation, Trump’s lawyers show no interest in the case being decided fairly and impartially.
Special Counsel John L. “Jack” Smith and other prosecutors have proposed that the federal trial for the criminal case related to the Jan. 6, 2021, attack on the Capitol and efforts to overturn the results of the 2020 election start Jan. 2, but Trump’s attorneys have asked the judge to schedule it in April 2026 — more than a year after the November 2024 presidential election.
Trump has posted on social media claims that the prosecutions are “Election Interference” and wrote that he is being forced “into the time and expense of trials, especially before the Election.”
No matter what he says or what people call him, Trump is expected to surrender today at the Fulton County jail in Georgia, where he is facing 13 charges stemming from his attempts to overturn the 2020 election results.
Trump is expected to turn himself in to the jail around 7:30 p.m. ET for booking and processing. He’ll have his mug shot taken and is likely to pay bond of $200,000, but it is possible that he could be detained for .
Seven people have died in custody since the start of this year at the facility, also known as the Rice Street Jail, which is currently under investigation by the U.S. Department of Justice for potential civil rights violations.
Eighty-seven percent of the jail population is Black and the vast majority —like Trump—have thus far not been convicted, according to the Justice Department.
Fulton County District Attorney Fani Willis wants to start the trial on Oct. 23.
His attorneys want to delay his day in court on this and other criminal cases he’s facing, including a New York trial on state charges he falsified business records expected to start in March and a Florida trial starting in a federal court in May for his classified documents case.
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