WASHINGTON — Former President Donald Trump was found guilty of all fees in his “hush money” trial in New York on Thursday, and the ruling on the handling of the case will soon delve into uncharted territory to determine whether a former president deserves to be jailed for a first grave. la time felony conviction.
Trump was found guilty of falsifying business records to conceal a $130,000 payment to adult film star Stormy Daniels to buy her silence ahead of the 2016 presidential election. The Manhattan jury returned its guilty verdict after a six-week trial that included more than 20 witnesses.
Each of the 34 criminal charges is punishable by a $5,000 fine and a four-year criminal sentence. But whether Trump will become a criminal is another question, one that depends on the judgment handed down at sentencing.
The sentencing set the sentencing date for July 11 following the jury’s verdict on Thursday.
The timing is consistent with similar misdemeanor white-collar cases, where sentencing occurs between 3 and 8 weeks after conviction, according to Dan Horwitz, a defense attorney who in the past prosecuted white-collar cases for the Manhattan District Attorney’s Office.
The sentence will come four days before the start of the Republican National Convention.
The minimum sentence for tampering with business records in the first degree is zero, so Trump could get probation or parole, a jail-free sentence, or up to 4 years for each offense. Trump will most likely be sentenced to serve a criminal sentence for each of the charges, up to 4 years in total.
“The trial can sentence you to anywhere from 0 to the maximum,” Horwitz said. “So you can sentence him to an era of months in prison, you can just sentence him to an era of several weeks in prison, you can just sentence him to a sentence where he would be obligated, for example, to go to prison every weekend for a period of time, and then serve the rest of the sentence on probation. “
In a study of similar cases filed through the Manhattan District Attorney’s Office, Norm Eisen, who wrote a book about the 2020 election-related federal indictment against Trump and served as special counsel in the former president’s first impeachment trial, found that about 10 percent of the cases ended in prison. But the cases in this case make it difficult to make a general comparison.
Trump could also be sentenced to space arrest, where he would wear an ankle bracelet and be monitored instead of going to jail. Horwitz cautioned that a sentence of space arrest, which is halfway between not being punished and remaining in state prison, could be the most likely outcome. It would also respond to Trump’s political and security situation.
A sentence of space arrest would also allow Trump to continue his crusade, albeit in practice, with the ability to hold press briefings and remain active on social media. Throughout the trial, Judge Juan Merchan insisted on the importance of allowing Trump to carry out his crusade and exercise his first Amendment Rights as he seeks another term in the White House. But this is only one component of the equation that the judge will have to take into account in his decision.
In an interview on CNN after the verdict, Trump’s lawyer, Todd Blanche, was asked if he expected prosecutors to seek prison time. “I have no idea,” Blanche replied. Look, there’s a formula where you build on precedent. “, and someone like President Trump will never, ever, be sentenced to prison for that conduct. “
There are a number of points that the court would possibly take into consideration when determining the sentence, adding the nature and extent of the behavior, the user who was injured, whether there were casualties and whether the duty was accepted, Horwitz said. He denied any fault in the case.
“Courts will credit a defendant who pleads guilty through a plea bargain with his duty for his conduct, for failing to fulfill his duty before trial and being found guilty,” Horwitz added, saying that “sentencing after a trial because he did not reach an agreement because the duty is heavier, “stricter than it would have been otherwise. “
The defendant’s conduct during the trial could also play a role, so Trump’s repeated violation of Merchan’s gag order may also be significant in his conviction. During the trial, Trump was accused more than a dozen times of violating a gag order that prevented him from making public comments about the most likely witnesses, jurors, lawyers and court staff involved in the case.
Trump’s conviction can also be confusing because of the lifetime Secret Service coverage he enjoys as a former president. The factor came up at trial, when the ruling held Trump in contempt for violating a gag order. Although Trump was fined several times, the Prosecution that jailing him was “the last thing he wanted to do” because it would have disrupted the trial and presented demanding situations for the Secret Service agents tasked with protecting the former president.
“Today’s final results have no bearing on how the U. S. Secret Service is wearing down its protection project,” the Secret Service said in a statement provided to CBS News after the verdict. “Our security measures will remain unchanged. ”
Trump’s incarceration would likely require a rotation of Secret Service agents and he would have to be isolated from other inmates. Most likely, the former president’s food and non-public belongings would have to be checked for protection, among other logistical considerations.
“For all contexts around the world, we examine locations and extend comprehensive, multi-layered protection models that incorporate state-of-the-art technology, protective intelligence, and complex security tactics to protect our protégés,” said Anthony Guglielmi, Secret Service communications lead. . the verdict.
No American criminal has ever faced the conceivable criminalization of a former president. Horwitz said there are mechanisms in place for pretrial inmates in state correctional facilities and for criminals, but it remains to be seen how the procedure will actually work.
After Trump’s sentencing on Thursday, the Secret Service said in a statement that “today’s final results have no bearing on how the U. S. Secret Service achieves its protection project. Our security measures will remain unchanged. ”
If Trump were sentenced to an era of space arrest, the former president could serve his sentence outdoors in New York, such as at his Mar-a-Lago estate in Florida, where New York state would coordinate with the Florida Department of Probation. , which would monitor Trump’s blockade, Horwitz said.
Should Trump be sentenced to prison, the location would count on the length of his sentence.
If Trump faces more than a year in prison, New York is asking that his sentence be served in a New York penitentiary. But if your sentence is less than a year, it will be served in a New York City correctional facility, such as Rikers. Island.
Trump may simply try to maintain enforcement of any judgment pending appeal, he would not have to begin serving his sentence until an appeals court has issued a decision, which is not unusual in white-collar cases in New York’s federal courts, Horwitz. Said. The move could delay any prison sentences until the election, or even beyond.
Still, while a potential criminal conviction poses some hurdles to Trump’s presidential campaign, his conviction doesn’t save him from continuing to run, even if he’s behind bars.
CNN’s Olivia Rinaldi and Jake Rosen contributed reporting.