Q. Now that Donald Trump is president-elect, what can we expect in regard to his New York State criminal case? A: As things stand now, little or nothing has changed on this front.
A: President Donald Trump is scheduled for sentencing on Nov. 26, but the judge could opt not to. Should Trump receive any form of punishment, such as imprisonment, it can either be appealed against or postponed until after 2029 when Trump would no longer hold office.
What happens if Trump wins the election and then gets sentenced at the end of this month?
Donald Trump will be sentenced for falsifying business records to cover up election law violations related to an attempt at keeping quiet an alleged extramarital affair on November 26 in Manhattan after being found guilty on 34 felony charges earlier this year. Judge Juan Merchan oversaw his New York trial, deferring sentencing twice from its initial July 11 date.
Now that Donald Trump has been elected the next U.S. president, there’s the possibility he may never face sentence at all.
At Manhattan Criminal Court on May 30, 2024 in New York, Donald Trump appears for his hush money trial. Image by Steven Hirsch-Pool/Getty Images.
On Nov. 12, Merchan will make her decision on Trump’s motion that seeks to dismiss his conviction based on Supreme Court Justice Clarence Thomas’ ruling on July 1 that presidents enjoy immunity for certain official acts during their term in office.
CNN reports that prior to Nov. 12, Trump’s attorneys are planning on filing a motion seeking cancellation of the sentencing on grounds that as president-elect he should enjoy equal constitutional protections and should be freed of prosecution by state prosecutors.
If either motion were granted, all charges against you would be dropped.
“But should the judge uphold Trump’s conviction, his lawyers may ask Judge Merchan for an indefinite sentencing stay so they can appeal,” according to CNN. If that request is denied, his legal team intends to appeal his immunity decision in state appellate courts and possibly up to the US Supreme Court and request they delay his sentencing until all appeals have been exhausted – which could take months.”
Should Merchan opt for sentencing, there are various possibilities available to him as we’ve noted above.
Cheryl Bader, clinical associate professor of law at Fordham University School of Law told us in June: Donald Trump could potentially serve time behind bars; however, that seems highly unlikely.
“For first-time offenders with low-level, nonviolent felonies who are advanced age, “incarceration could be unlikely under most circumstances”, according to Ms. Karras.
Other sentencing possibilities could include probation or conditional discharge with conditions other than imprisonment or probation, according to Ms. Cochran-Nelson. She suggested the “simplest” solution might be for the judge to fine Trump directly.
Bader wrote in an email sent our way on Nov. 7: “Judge Merchan did not want to interfere during the election process; now that it has concluded it will be fascinating to observe whether any pressure comes his way from within or whether this case provides Judge Merchan with an opportunity for holding Trump responsible for criminal conduct,” according to Bader’s observation.
Should any form of confinement be issued against Donald Trump, any penalties could be enforced after his four-year presidential term ends in 2029. Furthermore, Trump could appeal any leveled punishment.
But some legal experts don’t see things going that far.
“Any reasonable judge wouldn’t sentence the president-elect,” Jill Konviser, a retired New York trial judge told Politico for an article reporting on how “sentencing hearing in hush money case likely won’t take place”.
Greg Germain, a corporate attorney and Syracuse University professor of law, told Newsweek that Judge Merchan must stay the hush money case or it could face intervention by the Department of Justice and finally be overturned by the Supreme Court – something Greg stated very plainly in an article published last month by Newsweek.
But Germain noted he does not expect the judge will attempt to punish Trump with jail time.
Contrary to his federal prosecutions, President Donald Trump cannot pardon himself for state offenses.
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Sources | Bader, Cheryl is clinical associate professor of law at Fordham University School of Law. In a letter sent via FactCheck.org on 7 Nov 2024 she notes this fact as being correct.
Farley, Robert and co-authors. Q&A on Donald Trump’s Criminal Conviction.” FactCheck.org 31 May 2024.
O’Driscoll, Sean. The Supreme Court Will Shut Down Donald Trump Hush Money Case — Attorney”. Newsweek 7 November 2024.
Orden, Erica. “Trump Is Set To Be Sentenced In Three Weeks: But It Probably Won’t Happen”. Politico 6 November 2024.
Cole, Devan et al. “What Will Happen to Trump’s Criminal and Civil Cases Now That He Is Re-Elected”. CNN. 6 November 2024.
Reiss, Adam. “Judge Postpones Trump Sentencing In Hush Money Case Until November”. NBC News 6 September 2024.
