Possible Jail Time Looms for Donald Trump as Guilty Verdict is Confirmed | Vanity Fair

Article by Bess Levin

The headline for this report has been updated to reflect Trump being found guilty on all charges by a jury on May 30, with his sentencing scheduled for July 11. The article, originally posted on May 29, continues below:

As a jury in Lower Manhattan passes its judgment in the criminal trial against Donald Trump, there will be millions eagerly anticipating the verdict. They will be waiting to see if the United States president is pronounced guilty of falsely documenting business records to conceal a hush money payment made to adult film star, Stormy Daniels. Subsequent to the jury’s decision, the question on everyone's mind will be whether Trump will finally face imprisonment?

Should Trump be convicted, the formal answer would come during a separate sentencing hearing. Even though many hold the conviction that Judge Juan Merchan will not send a prior president (and present presidential candidate) to jail, former federal prosecutors previously linked to the office that opened this case against Trump foresee otherwise.

“This is not a one-time 'Oops, I had a mishap with my business records', or even a one-time scheme" said Diana Florence, an ex-prosecutor from the Manhattan DA, to Politico. "The trial revealed an array of facts and circumstances that make me believe that, if found guilty, a sentence of incarceration would be fitting and reasonable. If I were the prosecutor, I would definitely desire a state prison sentence." Each of the 34 felony charges laid against Trump carries a four-year maximum sentence; If convicted on more than one count, the sentences would likely be served concurrently. Stuart Meissner, former assistant district attorney from Manhattan, also anticipates a jail sentence should Trump be convicted, telling Politico “most judges in New York would want to demonstrate that no one is above the law, hence he would probably be sentenced to a term of imprisonment. Not a lengthy duration, but he would receive a sentence to prove that point."

Politico points out that even if convicted, Merchan may decide against a prison term. Other options include probation, requiring the former president to regularly meet with a probation officer, and “conditional discharge”, allowing Trump to dodge these regular meetings with a probation officer provided he avoids other criminal behavior. An additional possibility is community service – many who wish to see Trump behind bars might find it satisfying to see him picking garbage along the highway. Several factors, including any prior convictions (Trump shockingly has none), remorse (highly unlikely), and whether he poses a threat to the community (many would argue that he does), would influence Merchan’s sentencing decision.

While both Florence and Meissner predict Trump will face jail time, others disagree. Defense lawyer and previous assistant district attorney Peter Tilem told Politico, “Judge Merchan does not have a reputation as a particularly harsh sentencer. He's not one of the harshest sentence deliverers in the building. I don’t reckon he would start with this particular case.” Tilem further added that, considering this case, and Trump, all norms are discarded, rendering no definite outcome.

The Supreme Court Judge asserts that he does not need to excuse himself from any cases related to January 6 as he alleges that his wife was responsible for any flag-related issues. As reported in The Washington Post:

In a letter addressed to Democratic leaders of the House and Senate, Alito claimed that the upside-down, “Stop the Steal”–linked flag, and a second flag with religious sentiments, both adopted by the January 6th rioters, were flown by his wife without his knowledge or consent, and these incidents do not meet the recusal conditions laid out in the Supreme Court’s code of conduct.

"As soon as I saw it, I requested my wife to pull it down, but she resisted for several days," Alito admits in his letter to senators Sheldon Whitehouse (D-R.I.) and Dick Durbin (D-Ill.). He added that his wife "possesses the legal right to freely use property as she wishes, and there were no additional steps I could have taken to get the flag pulled down sooner."

Elsewhere in the letter, Alito writes: “My wife is fond of flying flags. I am not. My wife was solely responsible for having flagpoles put up at our residence and our vacation home and has flown a wide variety of flags over the years.” Speaking of Mrs. Alito, The New York Times reported Tuesday that she allegedly spit at an anti-Trump neighbor’s car on Inauguration Day 2021.