Following Trump's conviction, which I was watching live on breakfast TV this morning, I saw two American lawyer commentators saying that Trump may well avoid incarceration in a jail, and have home detention or some other non custodial punishment.
Given Trump's utter contempt for the judge and legal system throughout the trial and after it, it is hard to see why he should be treated with any form of kid gloves. But the Washington Post confirms the coming (possible) disappointment for all of us who would love to see him in jail:
The charges against Trump are nonviolent Class E felonies, the lowest level in New York, and they are punishable by 16 months to four years in state prison. Legal experts said it is unlikely that Trump, 77, would be incarcerated, given that he had not previously been convicted of a crime.
Other options for Merchan include sentencing Trump to probation, which would mean he would need approval from a parole officer to travel outside the state. Trump also could be fined or granted a conditional discharge pegged to the requirement that he stay out of further legal trouble, legal experts said.
Also - how utterly appalling are the Trump suck ups (Mike Johnson, Ted Cruz, Marco Rubio, etc etc) rushing to condemn the verdict by parrotting their cult leader's line? Not a spine - or sense of decency and civic responsibility - amongst them. It's the most dangerous and corrupt party the country has ever seen.
Update: The New York Times commentary on this seems to treat the possibility of a custodial sentence more seriously:
A pre-sentencing report makes recommendations based on the defendant’s criminal record — Mr. Trump had none before this case — as well as his personal history and the crime itself. The former president was found guilty of falsifying business records in relation to a $130,000 payment to Stormy Daniels, a porn star who says she had a brief sexual tryst with Mr. Trump in 2006, in order to buy her silence.
At the presentence interview, a psychologist or social worker working for the probation department may also talk to Mr. Trump, during which time the defendant can “try to make a good impression and explain why he or she deserves a lighter punishment,” according to the New York State Unified Court System.
The pre-sentencing report can also include submissions from the defense, and may describe whether “the defendant is in a counseling program or has a steady job.”
In Mr. Trump’s case, of course, he is applying — as it were — for a steady job as president of the United States, a campaign that may be complicated by his new status as a felon. Mr. Trump will likely be required to regularly report to a probation officer, and rules on travel could be imposed.
Mr. Trump was convicted of 34 Class E felonies, New York’s lowest level, each of which carry a potential penalty of up to four years in prison. Probation or home confinement are other possibilities that Justice Merchan can consider.
That said, Justice Merchan has indicated in the past that he takes white-collar crime seriously. If he did impose prison time, he would likely impose the punishment concurrently, meaning that Mr. Trump would serve time on each of the counts he was convicted of simultaneously.
Can you imagine how Trump would be in a chat with a psychologist doing a pre-sentence report??
Can you imagine how un-seriously he would take probation visits?
The more you think about it, the more obvious it is that anything less than a custodial sentence is wildly unlikely to have significant effect or influence on him - and surely that's one of the points of punishment?
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