NEW YORK — Will Donald Trump go to prison? Could he forgive himself? And the election? The first criminal conviction of a former American president raises a series of legal and political questions.
Trump was convicted by a Manhattan jury on Thursday of 34 criminal charges related to a scheme during his 2016 presidential campaign to bribe a porn star who said the two had sex. The presumptive Republican presidential candidate denies having sex with Stormy Daniels, said he did nothing wrong and criticized the jury’s verdict.
Here are the answers to some of the biggest questions surrounding Trump’s conviction:
Trump remains free on his own recognizance. He is due back in Manhattan court on July 11, when he will be sentenced. This comes just days before the Republican National Convention in Milwaukee, where Republican Party leaders – who remain steadfast in their support for Trump – are expected to formally nominate him for the November election.
Before sentencing, Trump will be interviewed for a presentence report that Judge Juan M. Merchan will use to help decide his punishment. The report is typically prepared by a probation officer, social worker, or psychologist working for the probation department who interviews the defendant and possibly that person’s family and friends, as well as those affected by the crime. Presentence reports include the defendant’s personal history, criminal history, and sentencing recommendations. Trump has no previous convictions.
Trump is accused of three other criminal cases, but it is possible that none of them will go to trial before the elections. Washington’s 2020 election interference case, for example, remains on hold while the U.S. Supreme Court weighs Trump’s claim that he is immune from lawsuits for actions taken as commander in chief.
It is not clear. That will be up to the judge, who Trump has repeatedly accused of being biased against him. Manhattan District Attorney Alvin Bragg, who brought the case, declined to say Thursday whether prosecutors will seek prison time.
Each count of falsifying business records is punishable by up to four years in prison, but it is possible that Trump could only receive fines or probation. New York court records and newspaper archives show that defendants convicted of the charge are rarely sentenced to prison for that crime alone. Often the charge is associated with more serious crimes, such as theft.
And even if the judge sentences him to prison time, his lawyers would almost certainly pressure the judge to allow the former president to remain free until his appeals are exhausted.
Trump faces the threat of more serious prison sentences in the other three cases. For example, the most serious charges in Trump’s election interference cases in Washington and Georgia carry maximum sentences of 20 years.
Yes. There is nothing stopping Trump from continuing his attempt to regain the White House or become president. There are only three qualifications for president spelled out in the Constitution: Candidates must be at least 35 years old, be natural-born citizens, and must have lived in the United States for at least 14 years. There are also no restrictions on his travel at this time, so he can continue the campaign as normal.
Trump lawyer Todd Blanche said on the “Today” show Friday: “We’re going to appeal and we’re going to win on appeal.” Trump’s lawyers laid the groundwork throughout the trial to challenge the verdict on several issues.
Blanche suggested that they would challenge the judge’s decision not to recuse himself. Trump has repeatedly argued that Merchan should not have presided over the case, citing the money he gave to Democrats and the fact that his daughter is a consultant for the party. Merchan acknowledged making several small donations to Democratic causes during the 2020 campaign, including $15 to Trump’s Democratic rival Joe Biden, but rejected Trump’s claims that he cannot fairly preside over the case.
Trump’s lawyers could also challenge the judge’s rulings that they claim unfairly prejudiced his defense, including limiting the testimony of an expert they wanted to put on the stand.
No. It is a state conviction, so Trump could not pardon himself if he became president again. Presidential pardons only apply to federal crimes. And it is a legally untested question whether Trump would have the power to pardon himself if he were convicted in the federal cases. No president has attempted to do so while in office because no president before Trump had been impeached or convicted.
He can, as long as he’s not in prison. Trump’s home state of Florida defers to other states’ disenfranchisement rules for residents convicted of out-of-state crimes. And New York law strips people convicted of crimes of their right to vote only while they are incarcerated. Once they leave prison, their rights are automatically restored, even if they are on parole, under a 2021 law passed by the state’s Democratic legislature.
Trump said Thursday that “the true verdict will be given by the people on November 5th,” referring to Election Day.
It is unclear to what extent his guilty verdict will impact his attempt to remove Biden. The elections are expected to be incredibly close, and it is unclear how voters on the fence – especially independents and other key voting blocs – will feel when they go to the polls.
Republican lawmakers who have been divided in the past over their support for Trump lined up behind him after the conviction, criticizing the judge and prosecutors.
Trump’s campaign hopes his supporters will be similarly galvanized by the case, which Trump has called an effort to thwart his bid for the White House. His campaign immediately began raising funds for the conviction with messages like: “I was just convicted in a rigged trial!” Another message to supporters said: “If they can do it to me, they can do it to anyone.”
Trump’s campaign said Friday morning that it raised a record $34.8 million in small online contributions based on his conviction — nearly double its previous biggest haul.
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Richer reported from Washington. Associated Press journalists Jill Colvin and Luke Sheridan in New York contributed to this report.
