A FREE MAN
Donald Trump won’t spend a minute in jail despite conviction on all counts – it’s due to 3 crucial reasons, expert says
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.
7
7
7
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.
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.
Most read in The US Sun
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.
Donald Trump Jr blasts dad's guilty verdict & says it's Dems attempt to 'turn America into a third-world country'
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."
Judge Juan Merchan did threaten to jail the ex-president during the trial for violating his gag order, but his fate remains unclear.
Is Donald Trump still under a gag order?
Donald Trump was found guilty on all counts in his hush money trial in New York on May 30, 2024. The historic verdict made him the first former United States president to be convicted of a crime. But now that Trump has been convicted does the gag order still apply?
Why did the judge impose a gag order on Trump?
- Judge Juan Merchan placed Trump on a gag order in March, weeks before the start of his April 15, 2024, trial.
- The order barred Trump from making public statements about witnesses involved in the case or remarks about the prosecution, court staff, or their family members.
- Merchan expanded the order to include his and District Attorney Alvin Bragg's family after Trump repeatedly lashed out against the judge's daughter on social media.
Did Trump violate the gag order during his trial?
- Trump was found to have violated the order nine times during his trial.
- Judge Merchan ordered Trump to pay $1,000 per violation.
- The judge also held Trump in contempt of court twice.
- Merchan warned the former president that he would consider jailing him if he continued to violate the order.
- To bypass the order, Trump quoted right-wing media outlets and legal scrollers criticizing the proceedings.
Is Trump still under a gag order now that he's been convicted?
- Trump's trial may have ended, but his gag order remains intact.
- Trump clarified on May 31, 2024, a day after he was convicted, that his gag order was still in place.
- "I am under a gag order from a man who can't put two sentences together, given by a court," Trump said at a press conference from Trump Tower in Midtown Manhattan.
- In an interview with Fox News Tonight, Jesse Waters asked Trump's attorney, Todd Blanche, a question about prosecutor Matthew Colangelo, which he said he was not allowed to comment on.
- "Well, I'm not really allowed to comment on that because we're still under a gag order," Blanche responded.
- It's unclear when Judge Merchan will lift the order.
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.
READ MORE SUN STORIES
"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."
7
What's next for Trump?
DONALD Trump has been found guilty of 34 felony counts of falsifying business records in his hush money trial.
Here is what could happen next:
The "falsifying business records" crimes he has been convicted of are the lowest level felonies in the New York state system.
Experts say it is beyond rare for a first-time offender with no criminal record to be jailed for a non-violent offence - especially at Trump's age.
Despite now being a convicted felon, Trump can run for president.
But if he is handed a jail sentence and beats US Joe Biden in November, his sentence will have to be suspended until he leaves office.
Under New York law, Trump will not lose his right to vote - unless he is sent to prison.
Trump's attorney said the Republican nominee for president will appeal the verdict "as soon as we can".
7
7
7