Re: The 45th POTUS - Donald J. Trump
Posted: Fri May 31, 2024 12:59 am
from bloomberg news:
What happens now that Trump is convicted?
The next step will be for Judge Juan Merchan to sentence him, which is scheduled for July 11. That’s just days before the July 15 Republican National Convention, where the party is set to officially select Trump as its presidential nominee for the Nov. 5 election. Merchan said Trump could remain free until his sentencing.
A typical defendant convicted of a felony charge is sentenced to serve some prison time, but there is nothing in the law that requires it. Merchan could instead sentence Trump to probation, especially if he decides that leniency is warranted because the former president is 77 years old and a first-time offender with no criminal record. Trump could also be ordered to pay some kind of financial penalty.
Still, Merchan has made it clear that he takes white-collar crime seriously and already warned Trump he could put him behind bars for repeatedly violating a gag order. He also acknowledged the unique security requirements of imprisoning a former president under 24-hour Secret Service protection.
How long could Trump go to jail?
Each of the counts is a Class E felony, which carries a prison term from 1 1/3 years to four years. Since Trump was found guilty on more than one count, Merchan could impose a concurrent sentence, meaning the former president would serve all of his prison time simultaneously. He could also order Trump to serve the counts one after the other, but legal experts have said that isn’t likely.
Can Trump appeal?
Yes, and he immediately vowed to contest the verdict, saying the fight was “long from over.” But he can only appeal his conviction in New York state after his sentencing.
The first step would be a Manhattan appeals court. Eventually an appeal could make its way to New York’s Court of Appeals, the state’s highest court in Albany; Trump could eventually ask the US Supreme Court to weigh in.
It would be up to Merchan to decide whether to jail Trump or allow him to remain free while he appeals. While criminal defendants in New York state can typically be jailed while the appeals process plays out, that would not necessarily apply to Trump because he’s charged with a non-violent, white-collar crime.
Where might Trump serve time?
It’s not clear where Trump would serve any jail sentence, though the US Secret Service, which protects current or former presidents, has met with federal, state and city officials to discuss the possibility of Trump behind bars.
If Trump is sentenced to a year or less in prison, he could possibly serve it at New York’s Rikers Island, which includes seven jails. Allen Weisselberg, 76, the former chief financial officer of the Trump Organization who recently pleaded guilty to perjury, is completing a five-month term in a medical unit at the complex.
Does Trump’s conviction mean he can’t run for reelection?
Trump can still run for office. The US Constitution sets few eligibility requirements for the position, including no limitations based on character or criminal record.
How could the verdict affect the 2024 election?
It’s not clear how his conviction might affect the outcome of the election. But if Trump wins, the US would for the first time have a convicted felon serving as its head of state — a fact that is not uncommon throughout the rest of the world. Trump has compared himself to the late South African leader Nelson Mandela, who was imprisoned for 27 years for opposing the apartheid regime.
Can Trump pardon himself if reelected?
Not in this case because the Manhattan case was brought by state and not federal prosecutors. (That’s also true in the Fulton County, Georgia case, which, like New York, is a state prosecution.) But in the two federal cases, Trump could theoretically direct the Justice Department to drop the cases if reelected.