Manhattan jury took less than 12 hours to reach a verdict on the criminal trial of former President Trump in New York, finding him guilty of 34 counts of falsifying business records with the intention of concealing another crime.
This makes Trump the first U.S. president in history to be convicted. If his appeal is unsuccessful, he could face penalties including imprisonment, probation, or fines.
Ultimately, sentencing will be determined by presiding judge Juan Merchan. Manhattan District Attorney Alvin Bragg has not indicated whether the prosecution will seek imprisonment.
The sentencing hearing has been scheduled for 10 a.m. on July 11, just four days before the Republican National Convention, where Trump is expected to be formally nominated as the Republican presidential candidate.
As a convicted felon, President Trump can still run for U.S. president. Here’s what you need to know.
The six-week trial centered around Trump’s former lawyer Michael Cohen’s $130,000 payment to adult film actress Stormy Daniels (real name Stephanie Clifford) before the 2016 presidential election.
Prosecutors claimed that Cohen, on behalf of Trump, made the payment to Daniels to keep silent about her alleged affair with Trump. Trump himself denied any extramarital affairs.
Further allegations by the prosecution stated that the payment from Trump to Cohen was falsely categorized as “legal fees” to conceal another crime, constituting felony-level falsification of business records.
Prosecutors also charged a secondary crime of violating New York election law, which criminalizes conspiring to “promote or prevent a person’s election to public office by unlawful means.”
The unlawful means listed by the prosecutor include violations of the Federal Election Campaign Act, falsifying other business records, or violating tax laws. Judge Merchan ruled that the jury does not need to reach a unanimous decision on what constitutes “unlawful means.”
Throughout the trial, Trump has maintained his innocence.
The crimes Trump was convicted of fall under a Class E felony, the lowest level under New York law. Each count carries a maximum sentence of 4 years in prison, with a state law cap of 20 years.
Trump has 30 days to appeal, but he may also choose to appeal the conviction immediately. However, if the appeal fails, his fate lies in the hands of a judge he has publicly criticized as biased and “corrupt.”
During the trial, Trump twice requested Judge Merchan recuse himself from the case, alleging conflicts of interest. One conflict cited was that the judge’s daughter, Loren Merchan, is the head of a political consulting firm, which counts the Biden-Harris campaign team among its clients.
Merchan also issued a gag order against Trump, prohibiting him from commenting on court personnel, prosecutors, potential witnesses, jurors, and the judge’s own family members. Trump was fined $9,000 for violating the gag order during the trial.
Many legal experts anticipate that Trump will not face imprisonment. In remarks following Thursday’s (May 30) verdict announcement, DA Bragg did not address whether imprisonment would be sought by the prosecution.
Apart from imprisonment, probation or house arrest are also possible options.
Sentencing will be at the discretion of Judge Merchan. Factors considered will include Trump’s criminal record (he has no prior convictions) and other elements such as his personal background and the crimes themselves.
The judge may also permit Trump to serve his sentence after exhausting all appeals.
Trump called the trial a “sham,” but he did not appear deterred by the verdict when speaking to reporters outside the courtroom.
“The real verdict will be rendered by the people on November 5th,” Trump stated, “We will continue to fight, struggle to the end, and we will win.”
Yes, even as a convicted felon, Trump can continue to run, seeking a return to the White House. The U.S. Constitution does not have any provisions barring convicted individuals from running or serving as U.S. president.
Just four days after the scheduled sentencing hearing, the Republican National Convention will convene on July 15, where Trump is expected to be nominated as the Republican presidential candidate.
The only reasons a person cannot run for president apart from not being a natural-born U.S. citizen are being barred by a Senate vote. While a Senate vote requires a simple majority, the individual must first be convicted in an impeachment trial in the House of Representatives, which necessitates a two-thirds majority.
In addition to the conviction in New York, Trump is also involved in two federal lawsuits brought by Special Prosecutor Jack Smith and a 2020 election case in Georgia by Fulton County District Attorney Fani Willis.
The mounting legal disputes have become obstacles to Trump’s presidential campaign. The first presidential debate is set for June 27, and the presumptive Republican candidate undoubtedly prefers campaign activities over fighting for his own freedom.
Even if President Trump is incarcerated before the election, if elected, he can still serve as Commander-in-Chief of the Armed Forces. He remains able to order military actions, sign bills into law, grant pardons in federal cases, issue proclamations, and fulfill all presidential duties.
As for what the presidential office in a prison setting would look like, that remains to be seen. However, he would still receive protection from the Secret Service like other presidents. Even as a former president, he is entitled to Secret Service protection unless he declines it. Given the threats he faces, the likelihood of him refusing protection is slim.
If President Trump wins in November, he cannot pardon himself because the President only holds the power of pardon in federal cases. However, if he is convicted in the two federal cases, he could pardon himself, but the New York trial falls under state jurisdiction. In New York, the only authority that could pardon him is the Governor of New York.
Considering that New York Governor Kathy Hochul is a Democrat who has criticized Trump, she seems unlikely to grant him a pardon.