Q: What will happen in Donald Trump’s New York state criminal case now that he is president-elect?

A: Trump is scheduled to be sentenced on Nov. 26, but the judge could decide the sentence is no longer appropriate. If Trump is indeed convicted, it could be appealed or the judgment could be postponed until 2029, when Trump will no longer be in power.

FULL QUESTION

What happens if Trump wins the election and is then convicted at the end of the month?

FULL ANSWER

President-elect Donald Trump is scheduled to be sentenced in Manhattan on November 26, after being sentenced in May on 34 counts of falsifying business records to conceal election law violations stemming from an attempt to silence an alleged extramarital affair. Judge Juan Merchan, who oversaw Trump’s trial in New York, has already twice postponed sentencing, initially scheduled for July 11.

Now that Trump has been elected the next president of the United States, it is possible that he will not be convicted at all.

Ahead of Trump’s sentencing hearing, Merchan on Nov. 12 is program decide whether to overturn the conviction completely on the basis a movement that Trump’s legal team filed after the Supreme Court’s July 1 ruling that presidents have immunity for certain official actions while in office.

However, CNN has reported that before November 12, Trump’s lawyers plan to try to get the sentence overturned by filing a motion “arguing that as president-elect, he is entitled to the same constitutional protections as a president in office.” exercise and should be protected from any action by Trump.” state prosecutors.

If either motion is granted, the charges will be dismissed.

“But if the judge decides to keep the conviction intact, the former president’s lawyers should ask Merchan to delay Trump’s sentencing so they can appeal,” CNN said. “And if not granted, his attorneys plan to appeal the immunity ruling to state appeals courts and potentially all the way to the U.S. Supreme Court to ask the courts to delay sentencing from Trump until all appeals are exhausted, which could take months.”

If Merchan proceeds with sentencing, he has several options, as we wrote.

Trump could face prison time, but it’s not likely, Cheryl Bader, an associate clinical professor of law at Fordham University Law School, told us in an interview in June.

For a first-time convicted felon, with a low-level, non-violent crime and a person of advanced age, “under such circumstances, there would be a relatively low chance of incarceration,” she said. declared.

Other sentencing options include probation or “parole” with conditions other than incarceration or probation. The “easiest” option, she said, might be for the judge to fine Trump.

“He didn’t want to put his thumb on the scale during the election, but now that the election is over, it will be interesting to see whether Judge Merchan will feel compelled to defer to the political process or whether he will may see the only “This is an opportunity for a judge to hold Trump accountable for his criminal conduct,” Bader said in an email we received on November 7.

If a custodial sentence is imposed, the judge could order the sentence to be imposed after Trump finishes his four-year term as president in 2029. Team Trump could also appeal a uniform punishment.

But some legal experts don’t see it that way.

“I think any reasonable judge would not convict the president-elect,” said Jill Konviser, a retired trial judge in New York. told Politico for an article that said “sentencing hearing in hush money case almost certainly won’t happen.”

And Greg Germaincorporate lawyer and law professor at Syracuse University, told Newsweek that the secret money affair must be “suspended” or stopped. “If Judge Merchan tries to pursue this case, or even sets the sentence, the Department of Justice will intervene and ultimately the Supreme Court will slap him in the face,” he was quoted as saying.

But Germain said he didn’t believe the judge would try to convict Trump.

Contrary to the ongoing federal charges against him, Trump I can’t forgive himself for state crimes.

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Sources

Bader, Cheryl, Associate Clinical Professor of Law at Fordham University School of Law. Email sent to FactCheck.org. November 7, 2024.

Farley, Robert et al. “Questions and answers about Trump’s criminal conviction.” FactCheck.org. May 31, 2024.

O’Driscoll, Sean. “Supreme Court to ‘crack down’ on Donald Trump’s Hush Money case – lawyer.” News week. November 7, 2024.

Orden, Erica. “Trump is expected to be sentenced in 3 weeks. This probably won’t happen.” Policy. November 6, 2024.

Cole, Devan et al. “What happens to Trump’s criminal and civil cases now that he has been re-elected?.” CNN. November 6, 2024.

Reiss, Adam. “Judge delays sentencing Trump in hush money case until after November election.” NBC News. September 6, 2024.