Sentencing former President Donald Trump after his recent conviction in a New York trial could present significant challenges, according to a former federal prosecutor. The situation entails unique considerations, particularly regarding Trump’s Secret Service security detail.
This year, Trump was found guilty on all 34 counts of falsifying business records connected to hush-money payments made to Stormy Daniels, a former adult film star, before the 2016 election. The verdict came on May 30, and now, New York Supreme Court Justice Juan Merchan is set to determine his sentence on September 18.
Legal experts suggest a few possible outcomes. One former prosecutor speculated that Trump might receive probation or a suspended sentence rather than jail time. Given the ongoing presidential campaign, home confinement seems unlikely, and incarceration could prove to be a “logistical nightmare” due to his Secret Service protection.
Since a failed assassination attempt on July 13 during a campaign event, Trump’s security has only ramped up. The former president’s unique status—both as a former leader and a candidate—adds complexity to the situation.
Rahmani, the former prosecutor, noted that Judge Merchan has previously shown hesitance towards incarcerating Trump, as evidenced by his responses to Trump’s violations of a gag order during the trial. Given that Trump’s convictions involve Class E felonies, the least severe under New York law, it may further reduce the likelihood of jail time.
Following the conviction, Trump’s legal team attempted to shift the sentencing of the hush-money case to federal court, but this request was denied. The court ruled the motion was improperly filed and lacked the necessary permissions.
Merchan is also evaluating how a recent Supreme Court ruling regarding Trump’s presidential immunity could impact the case. The judge postponed sentencing previously due to this ruling but is under pressure not to delay further.
Some experts believe that sentencing Trump to jail during the election season over this matter could provoke significant judicial backlash. Many speculate Merchan might lean against imprisonment, citing concerns about the case’s integrity and its potential to affect the upcoming election cycle.