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Trump won't spend a minute in jail despite conviction on all counts, expert says

31 May 2024 , 15:43
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Trump's historic convictions can't stop him from being president, a former prosecutor told The Sun

THERE are three reasons Donald Trump will never spend a minute in jail despite being found guilty on all counts in his hush money trial, experts say.

The ex-US president, 77, was found guilty on Thursday of 34 counts of falsifying business records to cover up a payment to Stormy Daniels.

Former US President Donald Trump gestures to crowds outside Trump Tower after a jury found him guilty on all 34 counts in his criminal trial qhiqqhiezieeprw
Former US President Donald Trump gestures to crowds outside Trump Tower after a jury found him guilty on all 34 counts in his criminal trialCredit: EPA
Trump sits in the courtroom during his hush money trial at Manhattan Criminal Court
Trump sits in the courtroom during his hush money trial at Manhattan Criminal CourtCredit: Getty
The front page of Friday's New York Times shows a solemn Donald Trump
The front page of Friday's New York Times shows a solemn Donald TrumpCredit: REUTERS/Stephani Spindel

A sentencing date was set for July 11, as Trump's attorney confirmed the Republican nominee for president will appeal the verdict.

The class E felony crime of falsifying business records is punishable by a fine, probation, or up to four years in prison per count.

But there are three crucial reasons why Trump's odds of lockup over his felony convictions are slim to none, according to legal experts.

Gangsters ‘call for ceasefire’ after deadly Christmas Eve pub shootingGangsters ‘call for ceasefire’ after deadly Christmas Eve pub shooting

First-time offenders rarely ever go to jail for non-violent, low-level felonies such as those Trump has been convicted of, they said.

Instead, in cases including Trump's, prosecutors might try to impose a hefty fine, community service, or probation.

High-profile defence attorney and former Brooklyn prosecutor Arthur Aidala told Business Insider: "I can't say for absolute 100 per cent certainty there can't be jail because on the books, he can go to jail."

But, the attorney said, "I do not see a scenario where Donald Trump spends one minute in jail."

Another factor in Trump's favour is that the falsifying business records offences are the first he has been convicted of.

Defence attorney and former prosecutor for the Manhattan district attorney's office Mark Bederow explained: "In New York State and in particular New York County, it is extraordinarily rare for a 70-something-year-old man, first arrest, who was convicted of a low-level non-violent felony to be incarcerated."

The lawyer noted there is "no comparison" to the case of Trump, who is a frontrunner in this year's presidential election.

Experts also told NBC News that it is unlikely Trump will spend time behind bars because of factors including his age, as well as that he is a first-time, non-violent offender.

Jeremy Saland, a former Manhattan prosecutor and now a lawyer in a private practice, argued that if anyone were to be incarcerated over this type of crime, "it would be an elected official."

Although it would shock him, he said, "for practical reasons and for reasons of allowing anger and divisiveness to fester."

Four human skulls wrapped in tin foil found in package going from Mexico to USFour human skulls wrapped in tin foil found in package going from Mexico to US

Judge Juan Merchan did threaten to jail the ex-president during the trial for violating his gag order, but his fate remains unclear.

Judge Merchan is known to be a "harsh sentencer" when it comes to white-collar crimes committed by wealthy, privileged, and powerful people, according to veteran New York criminal defence lawyer Ron Kuby.

Manhattan District Attorney Alvin Bragg did not reveal on Thursday what kind of sentence he will be seeking on July 11.

If Trump is sentenced to jail, he will - as the first former president to be jailed - legally require Secret Service agents to be with him 24/7.

A rotating detail of armed agents would have to work around the clock to protect him - despite strict rules against firearms in prisons, officials familiar with the situation told The New York Times.

They would even have to screen Trump's personal items and food.

The ex-president would also have to be kept separate from all other inmates for his own safety, and would likely not be permitted to keep items such as hair gel and makeup.

If sentenced to a year or less behind bars, he could be sent to Rikers Island, where his former CFO Allen Weisselberg is now serving time.

Some say Trump's convictions will have a "boomerang effect" that will boost his popularity and make him president again.

Politics columnist Joe Concha wrote: "As it stands now, Trump leads in every major swing state in the country on average. He leads in almost every national poll.

"And an overwhelming majority of Americans don't like political persecutions at all."

The convictions cannot stop Trump from being president, even if he is sent to prison, a lawyer told The Sun.

Former prosecutor Neama Rahmani explained: "If Donald Trump is found guilty, even if he's sentenced to prison, which is unlikely in the New York case, he can still be president.

"There's nothing prohibiting a convicted felon from being president of the United States."

He added: "Theoretically, Trump could be in prison and still be president of the United States, earning the Constitution.

It is unlikely Trump will be jailed, according to legal experts.

"The only requirements are that he be 35 and be born in the United States and not have engaged in an insurrection."

On Friday, Trump pushed the limits of his gag order during a 33-minute rant at a press conference at Trump Tower in Midtown, Manhattan.

Trump again called the trial and verdict a scam and shameful, saying his defense team is going to appeal the verdict.

"These are bad people. These are, in many cases, I believe, sick people," the former commander-in-chief began.

"This is a scam. There's a rigged trial. It shouldn't have been in that venue. We shouldn't have had that judge."

Trump continued by confirming he's still under a gag order that prohibits him from talking about witnesses and prosecutors in the case.

"I'm under a gag order, which nobody's ever been under," he said.

"No presidential candidate's ever been under a gag order before. I'm under a gag order, nasty gag order where I've had to pay thousands of dollars in penalties and fines and was threatened with jail.

"Think of it: I'm the leading candidate. I'm leading Biden by a lot, and I'm leading the Republicans to the point where that's over.

"So, I'm the leading person for president and I'm under a gag order."

Trump unloaded on the verdict, claiming the Biden administration was behind it.

"This is all done by Biden and his people," the former president seethed.

"This is done by Washington. No one has ever seen anything like this."

Trump finished his remarks by saying Election Day, November 5, is "the most important day in the history of our country."

Trump speaks to the crowd during a press conference at Trump Tower on Friday
Trump speaks to the crowd during a press conference at Trump Tower on FridayCredit: Angela Weiss/AFP/Getty Images
Trump would need to be flanked by Secret Service agents 24/7 if jailed
Trump would need to be flanked by Secret Service agents 24/7 if jailedCredit: The Mega Agency
If sentenced to jail, the ex-president could serve time at the infamous Rikers Island
If sentenced to jail, the ex-president could serve time at the infamous Rikers IslandCredit: AP:Associated Press
Rikers Island is slated to shut down by 2027
Rikers Island is slated to shut down by 2027Credit: AP:Associated Press

Jessica Baker

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