Former President Donald Trump was found guilty on all counts in his Manhattan hush money trial, marking the end of the first criminal trial of a former president as well as the first to end in a conviction.
Trump was charged with 34 counts of falsifying business records, each of which carries a sentence of up to four years in prison and a $5,000 fine.
With such an unprecedented situation, it’s unclear exactly what will happen next, but the next step will be sentencing, which Merchan will deliver July 11 at 10 a.m. If sentenced to jail time, it would be expected the judge would have Trump serve all time concurrently.
The Secret Service has been in talks with New York officials, according to CBS News. As a former president, Trump is entitled to secret service protections for the rest of his life. If put behind bars, correction officers would in turn be responsible for protecting the secret service agents.
In the case Trump is sentences to prison time, the exact prison Trump would be sent to remains unknown. CBS News predicted he would do time at Rikers Island Jail Complex because it has two wings that are reserved for high-profile inmates.
Judge Juan Merchan, who presided over the case and is responsible for sentencing, said he was worried about the people who would be responsible for a former president’s safety in prison and called incarceration “truly a last resort for me.”
“I also worry about the people who would have to execute that sanction: the court officers, the correction officers, the Secret Service detail, among others,” Merchan said.
Merchan, however, is not required to issue any prison time. Some believe Merchan would favor probation or house arrest for Trump, but community service is also a punishment Merchan could put on Trump.
“Judge Merchan is not known, from what I know of his reputation, as a draconian sentencer,” Peter Tilem, a defense lawyer and former assistant district attorney, said. “He’s not known to be the toughest sentencer in the building. I don’t think that he would start with this particular case.”
During a quarrel with Trump’s lawyer, Todd Blanche, over Trump’s gag order, Merchan even said he did not want to send Trump to jail.
“You are the former president of the United States and possibly the next president, as well,” Merchan said. “The last thing I want to do is to put you in jail.”
Some, however, believe the tough nature of New York courts could produce a prison sentence, even if short.
“I think, knowing most judges in New York, they’re going to want to show that no one is above the law, and therefore, he would likely sentence him to a term of incarceration,” former Manhattan Assistant District Attorney Stuart Meissner said. “I don’t think much, but I think it would be included just to show that point.”
Merchan previously said he would be worried about limiting a candidate’s ability to express themselves freely on social media.
“He is a candidate for the presidency of the United States. So, those First Amendment rights are critically important, obviously,” Merchan said when Trump was arraigned in April.
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Trump’s team will likely appeal the decision, resulting in a lengthy process that could take months and would likely not be resolved until after the election. He would remain free while the appeal takes place.
Even if elected to the presidency, Trump still would not be able to pardon himself, as this was a state crime, which is not under presidential pardoning powers. To be pardoned, he would have to make a case to Gov. Kathy Hochul (D-NY).