POLL: What Sentence Do You Think Donald Trump Gets In This Case?
Now that he's a felon, what are they going to do with him?
(Photo by Ali Shaker/VOA)
Donald Trump will sit for his pre-sentencing meeting with probation today. Virtually, of course, because when his supporters complain that there are two systems of justice in this country, they’re unintentionally correct. I represented cooperating purely white-collar defendants that they would absolutely force to come down to a dingy office for the interview. They’re dealing with a convict… they see no reason to afford any convenience.
Anyway, immediately after the verdict came down, I joined Abby Phillips of CNN to discuss the case on air and I advanced my theory that not only do I not foresee any jail time in this case, I’m not even sure the prosecutor will even ask for it.
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This earned me some irate responses from people who are convinced that Trump is staring at some time in the clink — or at least a sentence of time in the clink pending appeal — and it got me wondering… what do all expect?
For my part, it’s a financial crime involving an old, first-time convict. The most compelling argument for jail time is his public lack of repentance, manifested in no small part by the repeated violations of the gag order. But if the judge wasn’t interested in sending Trump to jail for this behavior on its own, it’s hard to imagine he’ll do so when he has to weigh it against a host of mitigating factors.
Knowing this, DA Alvin Bragg might well avoid putting himself in the position of taking a “loss” from the judge and just go in with a sentencing request heavy on fines and probation.
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While Trump’s haters want to see him behind bars, these aren’t the strongest charges for it. It’s not like he stole national security documents and started showing them to foreign governments… in this case.
Plus, the criminal justice system doesn’t need to end in jail to be unpleasant. It’s not like Trump wants to pee in a cup and report to a probation officer every month for the next several years. And while he has enough money lying around to pay off mistresses, his entire fundraising operation speaks to his lack of liquidity for someone claiming to be a billionaire. So I foresee a term of probation and a hefty fine — potentially coupled with a pledge to reassess the sentence if he’s convicted of anything else.
But what do you all think?
Joe Patrice is a senior editor at Above the Law and co-host of Thinking Like A Lawyer. Feel free to email any tips, questions, or comments. Follow him on Twitter if you’re interested in law, politics, and a healthy dose of college sports news. Joe also serves as a Managing Director at RPN Executive Search.
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