Donald Trump has been found guilty by a Manhattan jury on all 34 counts of falsifying business records in the hush-money case.
What punishment should the former US president receive?
The ultimate decision lies in the hands of Judge Juan Merchan, who presides over the case. Trump has been convicted of class E felonies in New York, specifically falsifying business records in the first degree. Although these crimes are considered the least serious category, they can still result in a prison sentence of up to four years. The sentencing date is scheduled for July 11.
The closing arguments in the Trump trial revealed ten compelling reasons to acquit.
According to experts, it is highly unlikely that Trump will be sentenced to prison. They argue that since he is a first-time offender and the crime he has been found guilty of is a non-violent paper crime, a prison sentence is unlikely.
According to Cheryl Bader, a law professor at Fordham University, it is highly unlikely that the judge would choose to incarcerate him based solely on those circumstances.
“It would be quite challenging to incarcerate him considering his status as a former president, his Secret Service protection, and his position as the presumptive Republican nominee. Additionally, the logistical issues involved would be considerable. Moreover, it is likely that Judge Merchan would prefer to avoid any potential political implications that may arise from such a decision.”
Punishments for such offenses typically involve imposing fines, probation, community service, or a combination of these measures.
According to Karen Friedman Agnifilo, a former top prosecutor in the Manhattan district attorney’s office, she believes that community service should include activities such as picking up trash on the subway.
The interpretation of Trump’s conduct, including any absence of remorse, could have a significant impact on the outcome, as Merchan holds the key to this assessment.
According to Bader, it is unlikely that Trump will show any remorse or offer an apology if he is sentenced. When determining the severity of the offense, judges also take into account the harm caused. Judge Merchan may view the recording violation as a mere attempt to conceal inappropriate behavior, resulting in minimal harm. However, he may also consider Trump’s actions as having a significant impact on the nation by depriving voters of their right to make an informed decision in a crucial national election.
The jury was not given the option to convict Trump of a misdemeanor, specifically for falsifying business records without any underlying crime. Although Trump’s attorneys had the opportunity to request this option, they chose not to.
Both the prosecutors and Trump’s lawyers are required to submit their recommendations for sentencing. The probation office will also prepare a confidential presentencing report for the judge.
Trump is expected to appeal the decision promptly, which would likely result in a suspension of any penalties while the appeal is ongoing.
The appellate process could span several months, or even years, before the sentence would be enforced. Trump has a 30-day window to file a notice of appeal regarding the guilty verdict. Following this, he would have six months to file a comprehensive appeal to the first judicial department, which handles appeals from New York county. If the conviction were to be upheld, Trump would likely pursue an appeal to the New York court of appeals, the highest appellate court in the state consisting of seven members. However, it is at the discretion of this court whether or not to hear the case.
The issues contested on appeal are likely to involve complex legal questions. For instance, one such question might be whether the judge provided the jury with appropriate instructions and properly admitted or excluded evidence. However, matters of fact and witness credibility would not be at stake during the appeals process.
If the New York court of appeals upholds the conviction, Trump would probably appeal to the US Supreme Court. The Supreme Court would then have the discretion to decide whether or not to take the case. Since this case falls under New York state law, Trump would need to persuade the justices that there is a federal or constitutional question involved in order to bring it before the Supreme Court.
The conviction will not have any impact on Trump’s eligibility to run for president. The constitution does not prohibit felons from seeking office. However, it remains unclear whether he could fulfill the duties of the presidency while in prison. It is important to note that he would not have the power to grant himself a pardon for any state crime.
The conviction is unlikely to have any impact on Trump’s voting rights in the upcoming election. In Florida, where he is registered, individuals with out-of-state convictions can vote if the state where they were convicted permits it. Similarly, in New York, a person with a felony conviction can exercise their voting rights as long as they are not imprisoned.
Judge Merchan has already reprimanded Trump twice during the case for disregarding a gag order. The judge’s approach to these incidents provides valuable insight into how he may handle any potential punishment for Trump. It highlights Merchan’s awareness of the practical challenges involved in imprisoning Trump and the wider political consequences that may arise from such an action.
On May 6th, Merchan expressed his reluctance to put Mr. Trump in jail, acknowledging his status as a former president and a potential future one. Despite issuing a $1,000 fine for Trump’s 10th contempt of court offense, Merchan emphasized that imprisonment was a last resort. He voiced concerns for the individuals responsible for enforcing such a sanction, including court officers, correction officers, and the Secret Service detail. The potential consequences and challenges involved in executing such a punishment weighed heavily on his mind.
He acknowledged the broader implications of the sanction, recognizing that its magnitude is not one-sided. However, he emphasized that his primary responsibility is to fulfill his job and safeguard the dignity of the judicial system, while also demanding respect.
