As the US presidential election approaches, Donald Trump's chances of regaining the title of president seem almost impossible. He is the first US president ever to be convicted of a felony. Is Trump happy with a prison sentence or a candidacy in the elections
Yesterday's trial of former US President Donald Trump will be remembered as a historic moment, because for the first time someone who served as US President was convicted of criminal offenses. A Manhattan District Court jury found Trump guilty of falsifying business documents.
Judge Juan Mercan scheduled a sentencing hearing for July 11 at 10 a.m. ET, just four days before the Republican National Convention.
A 12-member jury found Trump guilty of all 34 counts of falsifying documents in connection with a scheme to cover up secret payments to adult film star Stormy Daniels to prevent her from going public with allegations of an affair with Trump just before Election Day 2016 . year.
These 34 counts stem from 11 invoices, 12 vouchers and 11 checks that make up Trump's monthly reimbursements to former attorney Michael Cohen. He paid Daniels 130.000 dollars, he reports CNN.
Trump has pleaded not guilty to the charges in this case and has denied having an affair with a porn actress.
Three more indictments have been filed against the former president, but those trials are not expected to be held before the November elections.
Trump also pleaded not guilty in those cases.
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"Our whole country is fake right now." This was done by the Biden administration to injure or injure an opponent, a political opponent," Trump told reporters as he left the courtroom.
He said that he will continue to fight.
"We will fight to the end and we will win because our country has gone to hell... We will fight for our Constitution." This is not over yet," he said outside the courtroom in Manhattan.
Speaker of the House of Representatives Mike Johnson called the conviction of the former president "a shameful day in American history."
Johnson described the trial as "purely a political exercise, not a legal one."
"President Trump will rightfully appeal this absurd ruling and win," Johnson said.
What are the possible verdicts?
Each of the 34 criminal charges carries a $5.000 fine and four years in prison. However, whether Trump will go to prison is another question, and we will find out the answer at the sentencing on July 11.
The minimum sentence for first-degree falsifying business records is zero, so Trump could receive probation, no jail time, or up to four years for each offense. Trump would likely be ordered to serve concurrent prison terms for each count, for up to four years in prison in total.
"The judge could sentence him to anything between zero and the maximum," attorney Dan Horwitz told CBS.
"If he sentences him to a period of a few months in prison, he could sentence him to a period of a few weeks in prison, maybe even sentence him to a sentence where he is required, for example, to go to prison every weekend for a period , and then to serve the rest of the sentence on probation".
Trump could also be sentenced to house arrest, where he would wear a leg brace and be monitored instead of going to jail. Horwitz indicated that a sentence of house arrest, which represents a middle ground between Trump getting off without a sentence and a stint in state prison, could be the most likely outcome. It would also accommodate Trump's unusual security and political situation.
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A house arrest sentence would also allow Trump to continue campaigning, albeit virtually, with the ability to hold press conferences and remain active on social media.
Throughout the trial, Judge Juan Mechan emphasized the importance of allowing Trump the opportunity to campaign and exercise his First Amendment rights while seeking another term in the White House. But that's only part of the equation that the judge must weigh in his decision.
There is nothing in the US Constitution that would prevent Trump from running in the upcoming elections, despite his current situation.
Article two of the Constitution lists only three qualifications for presidential candidacy. The first requirement is that the candidate must be at least 35 years old, the second is that he must be born in the United States of America, and the last is that the candidate must have lived on US soil for at least 14 years before submitting his candidacy.
There is no mention of criminal charges or civil liability of any kind as disqualifying someone from running for or serving as president in the Constitution.
Doron M. Caller, a law professor at Cleveland-Marshall Law School, confirmed that anyone charged or convicted of a crime can still sit in the Oval Office. Constitutional failure is the same as legal permission, he said. This means that if the Constitution says nothing about a crime or conviction as part of eligibility, it is allowed.
He said that at the time of America's founding, the drafters of the Constitution probably did not consider indictment or conviction as a factor in eligibility.
"Accordingly, they left it up to the voters to decide whether such a person deserves to lead them." That determination to leave it to the voters remained intact for more than two centuries. I doubt that will be disrupted now,” Kalir told VERIFY.
The Supreme Court also upheld constitutional eligibility requirements and prevented states from barring anyone convicted of any charge from running for federal office, including the presidency.
The only way to change the conditions would be to amend the Constitution. According to the National Archives, Congress would need to pass the amendment with a two-thirds majority vote in both the House and Senate. Or the constitutional convention should be supported by two-thirds of the state parliaments. However, the last time this convention was convened was in 1787.
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