Analysis: Trump's courtroom nap could have serious consequences. Here's why
Trump's apparent courtroom nap serves as a stark reminder that even high-profile figures must adhere to legal procedures, highlighting potential repercussions, according to Elliot Williams.
Elliot Williams, a CNN legal analyst and former deputy assistant attorney general at the Justice Department, currently works as a principal at Raben, a public affairs firm. You can follow him on Twitter @elliotcwilliams. The opinions expressed in this article are his own. Check out more of his views on CNN.
Courtrooms are not exactly the most exciting places. They are usually quiet, with strict rules about staying seated. The air can feel stale, and using our phones or other devices, which connect us to the outside world, is not allowed.
Elliot Williams
Elliot Williams
Elliot Williams shared that Donald Trump, who is currently the 45th President of the United States, was seen appearing to fall asleep in a criminal courtroom in Manhattan this week.
Jury selection resumed Thursday in the case against Trump, with a lot of action taking place in the courtroom. Despite two of the seven initially-selected jurors being dismissed in the morning, a full jury was seated within hours. This happened amidst unresolved questions about whether Trump violated his gag order by making statements on social media about prospective jurors. These issues will be addressed at a hearing next week.
The big question that remains is: Can Trump manage to stay awake throughout the lengthy process of a criminal trial?
On Monday, during his trial for falsifying business records to hide a sex scandal, Trump was seen taking a quick nap in court. According to The New York Times' Maggie Haberman, Trump appeared to doze off, with his mouth open and head drooping. Reports also mentioned that he seemed to nod off again on Tuesday during jury selection.
NEW YORK, NEW YORK - APRIL 15: Former U.S. President Donald Trump arrives ahead of the start of jury selection at Manhattan Criminal Court on April 15, 2024 in New York City. Former President Donald Trump faces 34 felony counts of falsifying business records in the first of his criminal cases to go to trial. (Photo by Jabin Botsford-Pool/Getty Images)
Former U.S. President Donald Trump arrived at Manhattan Criminal Court on April 15, 2024 for the start of jury selection. He is facing 34 felony counts of falsifying business records in his first criminal case to go to trial. (Photo by Jabin Botsford-Pool/Getty Images)
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One might find it amusing to imagine a well-known figure taking a nap at an unexpected time. However, this scene captured the essence of three different individuals: a criminal defendant, one of the most influential people in the world, and an elderly man catching some Z's. Despite their confident demeanor, none of these faces of Trump hold significant control over the legal system in which they are now involved unwillingly. The back-and-forth during Thursday's proceedings regarding jurors revealed that the prosecution of a former President will be far from straightforward and is likely to continue for a considerable time.
Putting aside the events of Thursday, and being fair to the former President who may have been struggling to stay awake, court proceedings are generally dull in a way that may not be fully understood by the average person.
As a former prosecutor and attorney in Congress, I have been to countless trials and hearings. From my experience, I can say that the wheels of justice do not move as quickly as the 24-hour news cycle. What gets resolved in a short segment of a TV show like "Law and Order" can actually take days of detailed testimony in real life. Sometimes, it can even take months or years for a case to go to trial, even without any intentional delays from the defendant.
Former US President Donald Trump attends the first day of his trial for allegedly covering up hush money payments linked to extramarital affairs, at Manhattan Criminal Court in New York City on April 15, 2024. Trump is in court Monday as the first US ex-president ever to be criminally prosecuted, a seismic moment for the United States as the presumptive Republican nominee campaigns to re-take the White House. The scandal-plagued 77-year-old is accused of falsifying business records in a scheme to cover up an alleged sexual encounter with adult film actress Stormy Daniels to shield his 2016 election campaign from adverse publicity. (Photo by Jabin Botsford / POOL / AFP) (Photo by JABIN BOTSFORD/POOL/AFP via Getty Images)
Former US President Donald Trump is currently on trial in Manhattan Criminal Court in New York City. This trial marks the first time a former US president is facing criminal prosecution. Trump, who is 77 years old, is accused of covering up hush money payments related to extramarital affairs, specifically with adult film actress Stormy Daniels. The allegations claim that he falsified business records to hide the encounter and protect his 2016 election campaign from negative publicity. This legal battle comes as Trump seeks to secure the Republican nomination for the upcoming presidential election, making it a significant moment in American politics. (Photo by Jabin Botsford / POOL / AFP) (Photo by JABIN BOTSFORD/POOL/AFP via Getty Images)
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People have dozed off in less comfortable settings: Pope Benedict XVI nodded off during a mass in Malta, Former Italian Prime Minister Silvio Berlusconi took a nap at the dedication of the George W. Bush Presidential Center, and the late Supreme Court Justice Ruth Bader Ginsburg was caught snoozing at the 2015 State of the Union. She later joked that it happened because she "was not 100 percent sober."
I haven't fallen asleep during a trial or a congressional proceeding, but I also struggle to fall asleep just anywhere. On the other hand, my spouse has no trouble with this. (I can't reveal whether she once fell asleep during a Zoom call with the camera off due to marital privilege.)
Trump can easily nod off during jury selection without facing any consequences. His skilled attorneys would quickly grab his attention if needed.
It's not the same for everyone when people fall asleep in court. A judge or jurors sleeping through a trial doesn't automatically mean a conviction will be thrown out. The Sixth Amendment guarantees the right to competent legal counsel, but it doesn't specify that the lawyer needs to be awake during proceedings.
Defendants throughout history have faced jail time or even death sentences, despite their lawyers sleeping through trials. It's understandable that a judge or juror might accidentally fall asleep, but a defendant should find ways to stay awake in court to protect their liberty. Some judges may not like gum chewing, but there are other courthouse-friendly tips from sleep specialists to help stay alert.
This situation poses a significant problem for Trump as he appears in court. The sight of him as a defendant serves as a clear reminder that he is subject to the legal system like anyone else, with the possibility of facing incarceration if convicted, despite being presumed innocent.
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The Sixth Amendment mandates that he must stay in the courtroom throughout his criminal proceedings. This rule is in place to ensure his protection and to uphold his constitutional right to confront the prosecution. Despite any attempts at public statements or online rants, he cannot escape this requirement imposed on him as an accused individual. As a result, he will find himself spending a significant amount of time confined in the confines of a windowless and poorly ventilated courtroom.
A man of Trump’s age typically needs between seven and nine hours of sleep each night. With court sessions starting at 9:30 in the morning and the former President often active on social media during the early hours, he will have to find time to make up for those lost hours. It's up to him to decide when and where to get the rest he needs.
Editor’s Note: This article has been revised to mention that a complete jury has been selected.
Editor's P/S:
The article discusses the recent appearances of former President Donald Trump in a criminal courtroom in Manhattan, where he was observed taking naps during jury selection. The author, Elliot Williams, a former legal analyst and prosecutor, notes that while it may be amusing to witness such a high-profile figure dozing off in court, it also highlights the dull and lengthy nature of legal proceedings. Williams emphasizes that the wheels of justice move slowly, and even simple matters can take days or months to resolve.
Despite the tedium of courtrooms, Williams stresses the importance for defendants to remain awake and alert throughout their trials to protect their liberty. He points out that while judges and jurors may occasionally fall asleep, it is crucial for defendants to stay engaged and ensure their legal representation is attentive. The article also mentions that Trump faces a significant challenge as he appears in court, given his age and the need to balance his courtroom presence with his active social media presence.
