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 convicted on 34 counts of falsifying business records, each of which carries a sentence of up to four years in prison and a $5,000 fine. If sentenced to jail time, the judge would likely have Trump serve all the time concurrently.
With such an unprecedented situation, it’s unclear exactly what will happen next, but the next step will be sentencing, which Merchan is scheduled to deliver at 10 a.m. July 11. The Republican National Convention, where Trump will officially become the GOP presidential nominee, will begin four days later in Milwaukee.
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, correctional officers would, in turn, be responsible for protecting the Secret Service agents.
If Trump is sentenced to prison time, the exact prison he 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 the judge could impose. Community service could come with many logistical concerns due to his travel schedule and the fact he would have to routinely be visited by a probation officer and be subject to random visits.
“Judge Merchan is not known, from what I know of his reputation, as a draconian sentencer,” said Peter Tilem, a defense lawyer and former assistant district attorney. “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 candidates’ ability to express themselves freely on social media.
“He is a candidate for the presidency of the United States,” Merchan said in April. “So, those First Amendment rights are critically important, obviously.”
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Trump’s team will likely appeal the decision, resulting in a lengthy process that could take months and likely would not be resolved until after the election. An appeal cannot take place until after sentencing, after which Trump would be free until after the appeals process is over.
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).