Courts & Litigation Criminal Justice & the Rule of Law

The Lawfare Podcast: Does Trump Have to Attend His Own Trials?

Natalie K. Orpett, Daniel Richman, Jen Patja
Friday, August 11, 2023, 7:00 AM
It's more complicated than one would originally assume. 

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Former President Trump has been arguing for some time now that the criminal charges he’s facing in New York, Florida, and D.C. are politically motivated. At a campaign event in New Hampshire a few days ago, he also complained that the cases are forcing him “to spend time and money away from the campaign trail.” The cases haven’t even gotten to trial yet, but two of them are scheduled to take place during campaign season.

Which raises the question: does Trump have to actually attend all of these trials while he’s also running for president? 

Lawfare Executive Editor Natalie Orpett sat down with Dan Richman, the Paul J. Kellner Professor of Law at Columbia Law School, who wrote a piece in Lawfare on this topic to discuss. As it turns out, it’s a complicated question.


Natalie Orpett is the executive editor of Lawfare and deputy general counsel of the Lawfare Institute. She was previously an attorney at the law firm Jenner & Block, where she focused on investigations and government controversies, and also maintained an active pro bono practice. She served as civilian counsel to a defendant in the Guantanamo Military Commissions for more than eight years. She also served as counsel to the National Security and Foreign Policy Legal Team of the Biden-Harris Transition Team.
Daniel Richman is the Paul J. Kellner Professor of Law at Columbia Law School.
Jen Patja is the editor and producer of The Lawfare Podcast and Rational Security. She currently serves as the Co-Executive Director of Virginia Civics, a nonprofit organization that empowers the next generation of leaders in Virginia by promoting constitutional literacy, critical thinking, and civic engagement. She is the former Deputy Director of the Robert H. Smith Center for the Constitution at James Madison's Montpelier and has been a freelance editor for over 20 years.

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