After conviction comes sentencing, but any time behind bars will be unlikely for Donald Trump. It’s not because his attempt to hide his tawdry tryst with Stormy Daniels in the weeks before the 2016 election wasn’t important — it was, and the subterfuge may have been crucial to his subsequent victory — it is because the minor level felonies he was found guilty of don’t warrant incarnation.
The probation officer who will assess the 78-year-old first time offender, convicted of a non-violent, class E felony, will have to meet with the defendant and conduct interviews with the defendant’s family, friends and coworkers.
All of which will be factored into the probation officer’s pre-sentencing report, along with the defendant’s employment history. The defense counsel can submit to the court their pre-sentencing motions by June 13, and prosecutors from the Manhattan district attorney’s office must reply by June 27.
At the July 11 hearing, Acting Manhattan state Supreme Court Justice Juan Merchan, having weighed all the considerations from probation and the opposing teams of lawyers, will hand down the sentence.
Someone fitting that description of a 78-year-old first time offender, convicted of falsifying business records in the first degree would generally not be locked up. That his name is Donald Trump and he used to be the president of the United States and may well again hold that position, does not matter.
Equal justice under law are four simple words that means everyone should be treated equally.
While some would relish Trump behind bars running for the White House, like Eugene V. Debs did in 1920, the law can’t be bent to satisfy that desire (of course, Trump might gain politically from being detained, that shouldn’t be a factor either in the judge’s sentencing decision.) Incarnation would not serve any purpose, but his conviction has held him to account and public now knows his status as a felon
What would another 78-year-old first time offender get? Almost certainly, probation and a fine and no jail time
As for District Attorney Alvin Bragg, he ran in 2021 saying that fewer people should be imprisoned for their crimes, while making exceptions for political corruption. In this matter, Trump did not abuse public office or taxpayer funds.
We are not defenders of Trump by any means, but we do defend consistency in the rule of law.
