After nearly five weeks of testimony, the hush-money case against Donald Trump has concluded, with both prosecution and defense resting their cases. The former president faces 34 charges, with a jury of 12 deliberating his fate. Closing arguments are set to begin on Tuesday, followed by jury deliberations. A guilty verdict on even one count would make Trump the first former U.S. president to be criminally convicted and the first major party candidate to run for the White House as a felon.
Potential Outcomes of a Guilty Verdict
If found guilty, Trump would likely remain free until a sentencing hearing is scheduled by Justice Juan Merchan. The judge must consider various factors, including Trump’s age (77), his lack of previous convictions, and any court order violations. Sentencing could range from fines and probation to potential prison time. An appeal is almost certain, potentially prolonging the process for months or even years. During this time, Trump would remain free on bail.
Grounds for Appeal
Trump’s legal team has several grounds for appeal, including the testimony of Stormy Daniels. Some legal experts, like New York Law School professor Anna Cominsky, suggest that the detailed nature of Daniels’ testimony could be seen as prejudicial, despite its credibility. Trump’s defense team has previously called for a mistrial during Daniels’ testimony, but these motions were denied.
Unlikely Prison Time
Despite the charges being class E felonies, the lowest tier in New York, and each carrying a maximum sentence of four years, Trump serving prison time is highly unlikely. Factors such as his age, non-violent nature of the crime, and lack of prior convictions may lead Justice Merchan to impose a lesser punishment. Additionally, the unprecedented situation of imprisoning a former president who requires Secret Service protection poses significant logistical and security challenges.
Trump’s Presidential Candidacy
A guilty verdict would not prevent Trump from running for president. The U.S. Constitution requires presidential candidates to be at least 35 years old, natural-born citizens, and residents of the U.S. for 14 years. There are no restrictions regarding criminal records. However, a conviction could impact voter support. Polls indicate that a significant portion of voters in swing states, and some of Trump’s own supporters, would be less likely to vote for him if convicted.
Pardon Powers and Limitations
Trump cannot pardon himself for state charges in New York or Georgia. While the possibility of a self-pardon for federal offenses remains legally ambiguous, the hush-money case falls outside his potential presidential pardon power. Other federal cases concerning classified documents and attempts to overturn the 2020 election are delayed and unlikely to proceed before the November election.
In conclusion, while a guilty verdict could have profound implications, including an appeal process and its potential impact on Trump’s 2024 presidential bid, the immediate likelihood of prison time remains slim due to various mitigating factors and legal complexities.
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Written By Doris Chinwe Omemgbeoji