Update: The jury is at fault for all charges. Follow the latest updates here. Our previous story is below.
When the judge in Donald Trump’s corruption trial found on May 6 that Trump had violated the gag order for the 10th time, he told him that “the last thing I have to do is put you in jail. “
“You are the former president of the United States and also the next president,” said Judge Juan Merchán, reflecting on the capital weight of such a decision.
Jailing the GOP’s presumptive presidential nominee is a choice Merchan could face again soon, if jurors in Trump’s “hush money” case vote to convict him. Jurors began their deliberations to reach a verdict Wednesday after receiving orders from the judge.
It’s hard to wait for what exactly would happen if the jury found Trump guilty. Trump is on trial in New York state court, where judges have broad power over when sentences will be handed down after convictions and what exactly they will be, according to former Manhattan District Attorney Duncan Levin. This is another one from the Federal Court, where there is sometimes a waiting period between conviction and sentencing.
“It’s done much more informally in state courts. I’ve had cases where the jury would come back and say they were ‘guilty,’ and the dictator would thank the jury, apologize to them, and say, ‘Let’s convict the defendant. ‘Obviously, in this case everything is a little different from the typical case. “
Each of the 34 charges of tampering with business documents that Trump faces carries a sentence of up to 4 years of criminal conviction and a fine of $5,000. He has pleaded guilty.
Norm Eisen, a writer and attorney, recently analyzed dozens of cases filed through the Manhattan District Attorney’s Office in which falsifying business documents was the most serious index at the time of arraignment. It found that about one in ten cases resulted in a criminal offense. But he also cautioned that such prosecutions involve other fees and noted that the dynamics at play in Trump’s case made his sentence difficult to predict.
If Trump is convicted, Merchan would have broad latitude in determining punishment, adding Trump’s sentence to probation or space arrest.
Levin said the option of confining Trump to his home, followed by a probationary period, may appeal to Merchan, who has indicated he fears restricting a presidential candidate’s ability to speak freely. Such an option would allow Trump to conduct interviews and access social media. media from home.
Since the day Trump first called, April 4, 2023, Merchan has said he has been reluctant to interfere with Trump’s ability to campaign.
“He’s running for president of the United States, so First Amendment rights are notoriously critically important,” Merchan said that day.
And on May 6, he weighed more broadly how many more people would be affected by Trump’s imprisonment.
Merchan called the imprisonment “really one last hotel for me,” saying, “I’m also worried about the other people who are wearing down this punishment: court clerks, criminal agents, secret services, among others. “
That day, however, he warned Trump that crime was not out of the question.
“I want you to understand that I will, if appropriate,” Merchan said.
It’s an option that officials at state and federal agencies, including the Secret Service, have already had to consider, speaking out after the ruling in the case threatened Trump with a criminal conviction after his 10th violation of a gag order. A former president, Trump is entitled to Secret Service coverage for the rest of his life, no matter where he is. Behind bars, criminal officials would in turn be guilty of the protective agents assigned to Trump.
Where Trump could serve prison or prison time is one of many points that remain unresolved. Shorter sentences can be served at the Rikers Island Correctional Complex, which has two wings used for high-level or notorious inmates. (Neither of them, of course, has ever stopped anyone who comes with their own security guards. )
Officials want to have a plan in place, just in case, Levin said.
“He may be taken into custody immediately,” Levin said.
Katrina Kaufman and Nicole Sganga contributed reporting.
Editor’s Note: In the past, this article has misdescribed the nature of discussions between local and federal officials.