OPINION: Trump may have fallen asleep in court.Here’s how it comes back and bites him

Editor’s note: Elliott Williams is a legal analyst for CNN. He is a former assistant attorney general at the Department of Justice and is currently president of the public relations firm Leben. Follow him on Twitter @eliotcwilliams. The views expressed in this commentary are his own.view more opinions On CNN.

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Courts are not good at keeping people asleep. These are known for being quiet places where people have to sit almost all the time. The air is often stagnant, and the use of constantly distracting mobile devices, which are our lifeline to (and barrier from) the world around us, is strictly prohibited.

Such was the environment in which Donald Trump, a defendant in a Manhattan criminal courtroom this week who is also the 45th president of the United States, appeared to fall asleep in court.

There was a lot of activity in the courtroom as jury selection resumed Thursday in the case against Trump, with all seven jurors elected just hours after two of the original seven jurors were dismissed in the early morning hours. I took a seat. All of this comes amid the unresolved question of whether President Trump violated a gag order by speaking about potential jurors on social media, an issue expected to be addressed in a hearing next week. is.

Still, the question remains whether President Trump will be able to stay awake throughout the lengthy criminal trial.

On Monday, President Trump, who is on trial for falsifying business records to cover up a sex scandal, appeared to tolerate a criminal case for several minutes on charges of falsifying business records to cover up a sex scandal. Maggie Haberman of the New York Times reported that Trump appeared to be dozing off, “with his mouth slack and his head hanging over his chest.”According to other news reports, Trump He seemed to nod again. on the second day of jury selection on Tuesday.

Some might chuckle at the thought of a famous person “getting a Z” at the wrong time. Still, it was an impressive video that showed his three characters simultaneously: Criminal Defendant, Criminal Defendant, Criminal Defendant, Criminal Defendant, Criminal Defendant. One of the most powerful people on earth. And an old man taking a nap. And despite their rants, none of these three faces of Trump have any real control over the legal system in which they are now unwilling participants. Thursday’s battle for jurors showed that prosecuting a former president will be tricky and that the legal process won’t end soon.

Thursday’s drama aside, and to be fair to the former president who may have struggled to stay awake at times, court proceedings are usually incomprehensibly boring to the average citizen. Thing.

As a former prosecutor and Congressional lawyer, I have attended countless trials and hearings over the years, and I can attest more than anything that the wheels of justice are not built for the 24-hour news cycle. . What might be resolved in the final eight minutes of his “Law & Order” episode might be worked out through days of painstaking testimony. It can take months, if not years, before the matter finally goes to trial (even if the defendant is not intentionally trying to slow down the case).

People ended up falling asleep in far less comfortable conditions. Pope Benedict XVI did so once when he celebrated Mass in Malta. Former Italian Prime Minister Silvio Berlusconi fell asleep during the inauguration of the George W. Bush Presidential Center. And the late Supreme Court Justice Ruth Bader Ginsburg was caught falling asleep during her 2015 State of the Union address (although she later quipped that she only did it because she was “not 100% sober”). Ta).

I have never fallen asleep during a trial or a session of Congress, but I am also cursed with not being able to sleep anywhere. But I’m married to someone who doesn’t have the same problem. (Her marital privilege prohibits me from revealing whether she ever fell asleep during a Zoom call with her camera turned off.)

In reality, Trump’s slight nod during jury selection would have little effect. If something noteworthy had happened, one of his skilled lawyers would undoubtedly have been able to regain his attention if the need arose.

Not everyone is so lucky to have people around them fall asleep in court. Even if the judge was asleep during the trial, it is not enough to throw out the conviction. The same goes for sleeping jurors. Although the Sixth Amendment guarantees everyone the right to a competent attorney, it does not necessarily require that the attorney even be awake during the legal proceeding.

In history, defendants were sent to prison and even sentenced to death, even though their lawyers slept throughout the trial. Still, the judge and jury could almost be forgiven for accidentally falling asleep under the circumstances. Defendants whose freedom is on the line are encouraged to find a way to stay awake. (While some judges may frown upon defendants chewing gum in court, sleep experts have identified many other ways to stay awake, including There are also methods suitable for courts.

All of this reveals a big problem for Trump. His photo in court is a clear visual reminder that, like it or not, he is a defendant just like any other defendant. Although he is presumed innocent, he is subject to the protections and constraints of the legal system, and if convicted, it is very likely that he will be sent to prison.

The Sixth Amendment requires a person to remain in court during a criminal proceeding. The rules are for his own protection. The constitution requires that he be able to “confront” prosecutors. No amount of courtroom press conferences, campaign speeches or angry online attacks can change the requirements the Constitution imposes on him as a defendant. That means spending much of the time confined to dimly lit areas of courtrooms with no windows and poor ventilation.

A man Trump’s age needs seven to nine hours of sleep each night. Given that the judge calls his associates into court every morning at 9:30 a.m. and the former president is known for his early morning social media use, he’ll need to make up for that time somehow. . It is his choice only as to where he does so.

Editor’s note: This article has been updated to show that all jurors have been seated.