How Trump's deny-everything strategy could hurt him at sentencing

WASHINGTON (AP) — Donald Trump has had a lot to say since his conviction in a secret trial last week.

He claimed the deal was riggedincorrectly linked to the President Joe Biden at the prosecution, called the star witness against him “sleazy” and said the judge was a “devil” and “very confrontational”.

What he didn't do was utter a variation of the words that might benefit him most at sentencing next month: “I'm sorry.” »

It is a truism of the criminal justice system that defendants hoping for lenient treatment at sentencing are expected to take responsibility for their actions, even express remorse. But it flies in the face of Trump's long-standing refusal to acknowledge any wrongdoing, a tone he often uses to show strength and portray himself as a fighter under relentless attack. Although this strategy may resonate with his most loyal political supporters, it failed during his criminal trial in New York and could complicate his legal team's efforts to avoid a harsh sentence.

“The fact, I think, that he has no remorse — quite the contrary, he continues to deny his guilt — is going to hurt him at sentencing,” said Jeffrey Cohen, an associate professor at Boston College Law School and former federal prosecutor. in Massachusetts. “That's one of the things that the judge can really point out and everyone is aware of — that he just denies that — and can use that as a solid basis for his sentence.”

Trump is ready to be sentenced on July 11 by Judge Juan M. Merchan, who raised the specter of prison during the trial after the former president racked up thousands of dollars in fines for violating a hush order. He has been the target of Trump's unrelenting anger.

THE 34 counts of falsifying business records that Trump was convicted of are charges punishable by up to four years in prison. It's unclear whether prosecutors intend to seek imprisonment — Manhattan District Attorney Alvin Bragg dodged a question on Thursday — or whether Merchan would sentence him behind bars, even if such is the recommendation.

As part of a broader, disjointed offensive against the case, Trump has sought to downplay any concerns about his sentence, saying in a “Fox & Friends Weekend” interview broadcast Sunday that he was “OK” with the prospect of be imprisoned or sent home. confinement.

“I saw one of my lawyers on television the other day saying, ‘oh no, you don’t want to do that’” to a former president. “I said, you know, don’t beg for anything. It's like that.

He will have the opportunity to address the judge at the sentencing hearing, although he is not required to do so, and some legal experts have said it would be unwise for him to Express. He did not testify in his own defense at trial, which he said was related to fears that prosecutors would try to catch him in a trivial lie.

“If he turns around and blames the court, attacks the prosecutors, denounces this as a witch hunt, lies, you should have no apprehension: there will be consequences and there should be consequences,” Jeremy Saland said , former Manhattan assistant district attorney. .

Additionally, Trump's constant attacks on prosecutors, judges and the justice system and his aggressive trial strategy — categorically denying porn actor Stormy Daniels' extramarital affair allegations as well as his involvement in the subsequent scheme to buy his silence – would make any change in tone during his sentencing misleading.

“I don't see any real benefit to him speaking out at sentencing because even if he said something, he says the exact opposite outside of the courtroom and the judge doesn't don't ignore it,” Cohen said.

To be sure, there are many other factors that might weigh against a prison sentence — despite Trump's apparent lack of contrition. Merchan might conclude, for example, that there is a strong societal interest against imprisoning a former and potentially future president.

“Sometimes, as a judge and a prosecutor, you have to look at the proverbial scoreboard and say, 'Enough is enough.' And this scoreboard here is a permanent mark that you would see on the side of the cattle of a big 'F' for felony,” Saland said.

“This is far worse than any scarlet letter could ever be,” he added. “And no matter what he says, no matter how he presents it, no matter if it's a day in jail or not, he'll still be a convicted felon. Period.”