close
close
Local

Trump's appeal could extend well beyond the election. Here are the next steps.

After his criminal Post-conviction, Donald Trump faces uncertainty over whether he could face prison time — and a looming fight to overturn the former president's verdict on appeal.

A crucial proceeding remains ahead for Trump after a New York jury convicted him on Thursday. It is not clear how his conviction and a potential sentence could influence the presidential campaign, and the appeals process is expected to extend well beyond Election Day, November 5.

The first step for Trump is his sentencing, which New York Supreme Court Justice Juan Merchan has scheduled for July 11. The judge, who oversaw Trump's trial, will also decide his sentence. Potential penalties include up to four years in prison, house arrest, probation or a fine.

Trump was convicted on all 34 counts of falsifying business records in connection with a hush money payment made to Stormy Daniels, an adult film actress, before the 2016 presidential election to silence her about of a sexual relationship she says she had years earlier. . Trump, the presumptive Republican Party presidential nominee this year, denies having sex.

Before Merchan makes a decision on Trump's punishment, prosecutors and defense attorneys can push for a particular sentence. Trump is also required to appear at the New York City Probation Department for an interview, during which he will be questioned about his personal history and mental health, before that department provides Merchan with a presentence report.

The crimes Trump was convicted of could carry a sentence of 16 months to four years in prison. Merchan could also fine Trump or sentence him to house arrest or probation, which would require him to seek approval from a probation officer before leaving the state.

Legal experts are skeptical about the former president's risk of incarceration, due to his age – he will be 78 on June 14 – and the absence of a criminal record. Those factors, combined with his conviction for Class E nonviolent felonies — the lowest level in New York — would generally make him an unlikely candidate for prison time, said Matthew Galluzzo, a New York defense attorney and former Manhattan district attorney.

One element that could help determine the sentence is Trump's behavior. Legal observers said he was hostile Comments on the case could influence Merchan's eventual decision — and not necessarily in Trump's favor.

Throughout the proceedings, Trump blasted the lawsuit, Merchan and Manhattan District Attorney Alvin Bragg (D), whose office prosecuted the case. Merchan fined Trump $10,000 for 10 violations of a court-imposed silence order and twice declared him in contempt of court. Trump continued to denounce the case after the verdict, denouncing what he called “a rigged trial by a conflicted and corrupt judge” and dismissing the proceedings as “a scam.”

Trump's remarks could complicate Merchan's decision because judges are using the sentence to send a message of deterrence to the public, Galluzzo said, and Trump's lack of remorse could work against him.

“He's almost daring the judge to do it: 'What are you going to do about this?'” Galluzzo said of Trump's attitude as he faces possible prison time.

Whether a convicted defendant accepts responsibility “is important to the final sentence,” said Guha Krishnamurthi, an associate professor of law at the University of Maryland and a former white-collar defense attorney.

“Anyone who disrespects the criminal procedure could face a heavier sentence,” he said.

Krishnamurthi said that in some cases, defendants ended up behind bars when they could have avoided it “because they did not accept responsibility and showed a lack of respect and a contempt for criminal procedure.”

Todd Blanche, Trump's lead defense attorney, said Thursday night that the former president should not be sentenced to time behind bars, based on precedent in other cases.

“Other 77-year-old first-time offenders would never be sent to prison for this behavior,” Blanche said in a CNN interview.

At a news conference after the verdict, Bragg declined to say whether his prosecutors would seek incarceration.

There are cases where defendants in Trump's age range and without criminal records are sentenced to prison. Galluzzo discussed the case of Allen Weisselberg, the longtime chief financial officer of the Trump Organization, who was sentenced last year to five months in prison after pleading guilty to tax fraud, conspiracy and other counts. charge.

Weisselberg's punishment in this case was handed down by Merchan, who gave him a reduced sentence in exchange for his testimony against the Trump Organization in a tax fraud case. Merchan rebuffed an attempt by Weisselberg's attorney to further reduce his sentence, sadly noting that the defendant helped his wife cheat the Social Security system.

This year, Weisselberg, 76, was again sentenced to five months in prison – this time after pleading guilty to lying under oath.

Even if Trump were sentenced to prison, it's not clear he would serve his sentence soon — or at all, Galluzzo said. He noted that Trump's lawyers would likely seek to delay any sentencing until appeals are complete, which would almost certainly not happen before the November election.

The Republican National Convention is expected to open a few days after Trump's conviction, a date the party will set. to officially nominate him for the presidency. His conviction and any possible sentence do not modify his eligibility for office. His punishment could influence his ability to vote in Florida, where he resides, although Trump would only be barred from voting there if he is behind bars when voting.

Once the sentence is handed down, the countdown begins for Trump's expected appeal. In New York, appeals in criminal cases can only take place after sentencing.

Trump said Friday morning that his camp would appeal the verdict “on so many different things.” Blanche, speaking to CNN Thursday evening, suggested that the Trump side could raise certain issues on appeal, including Daniels' testimony at trial.

Daniels recounted her alleged sexual relationship with Trump in sometimes graphic detail when she spoke. His description seemed non-consensual at times and Blanche moved for a mistrial, which Merchan denied.

Sandra Guerra Thompson, a University of Houston law professor and former Manhattan prosecutor, said Daniels' testimony was central to the government's case because it helped define Trump's motivation for silencing her before the election. from 2016.

“Wide latitude is given to prosecutors, when it is important, to prove motive or intent for an offense,” Thompson said.

Catherine A. Christian, a former Manhattan prosecutor, said it would have taken “Houdini to get an acquittal here.”

Christian, who said he knows the prosecutor's team but did not speak with them during the trial, said even the most high-profile convictions can be overturned. She cited New York's highest court's decision last month to oust the former Hollywood titan. Harvey Weinstein's 2020 conviction for sex crimes.

Blanche reiterated her belief during her CNN interview that Trump was unable to get a fair trial in Manhattan because the jury was biased by the enormous media attention paid to the case. Legal experts acknowledged that Trump's lawyers were likely to mount a range of challenges, but were skeptical of this particular argument.

“Any claim they could have made about prejudice, they probably could have made about any place in the United States,” Krishnamurthi said. “Everyone knows who Donald Trump is and has heard a lot about him.”

Related Articles

Back to top button