Former President Trump is scheduled for a virtual interview Monday with a New York City probation officer at his Mar-a-Lago home, with his attorney Todd Blanche at his side, after he was considered guilty of all charges in the secret trial. against him last month, three sources familiar with the matter told NBC News.
Trump, the presumptive Republican presidential nominee, was convicted last month of all 34 criminal counts of falsifying business records in the landmark case. The parole interview is required by the court as part of the former president’s pre-sentence report.
Judge Juan Merchan, presiding over the silence case, allowed Blanche to be present for the parole interview after prosecutors did not object. Trump’s defense team is expected to present its sentencing recommendation on June 13.
The former president is expected to be sentenced on all 34 criminal charges in New York on July 11, days before the start of the Republican National Convention.
Some legal experts have noted that holding a parole interview via video conference is unusual, but having the former president on parole in New York would also be unprecedented.
Martin Horn, former commissioner of the New York City Department of Corrections and Probation, told NBC News, “it is highly unusual for a pre-sentence investigative interview to be done over Zoom,” but acknowledged that an in-person visit from Trump to the probation office would be “very disturbing.”
“But you could argue that Trump’s appearance at the probation office on the 10th floor of the Criminal Courts Building in Manhattan, where his trial took place, with the Secret Service and the press following him, would be very disruptive to the probation office. and unfair to other defendants. who may not want to be identified,” he said. “So in the end, this might be best for the probation officer.”
Horn noted that the typical purpose of a parole interview is to obtain information about Trump’s social and criminal history, financial resources, mental health history, physical or addiction problems, as well as to assess his living situation.
Trump could also be asked whether he is associating with someone with a criminal record, because he will not be able to associate with that person if he is placed on probation, Horn said. The probation officer may also want to interview other people at Trump’s home later. While agents will typically answer your questions in a single session, there may be follow-up interviews. The probation officer will then write a report and give it to Merchan.
The former president faces anything from probation to four years in prison. Some legal experts have argued that Trump is unlikely to be arrested due to his age, lack of criminal history and other factors.
Duncan Levin, a former Manhattan prosecutor turned defense lawyer, said the prosecution will likely seek prison time.
Blanche, Trump’s lawyer, will be present to ensure no questions put her client at legal risk, Levin said. While the hearing may seem like an unnecessary step given that Trump is one of the most highly rated public figures, it is the court’s way of judging who he is beyond what came to light during the trial.
“The situation is unlikely to change because the judge knows so much about his past,” Levin said, referring to the parole hearing.
Levin also pointed to Merchan’s gag order against Trump after he attacked members of his family and the prison sentence of Michael Cohen, the self-described former Trump fixer who served as the prosecution’s star witness, on a series of federal charges, including lying to Congress.
“To the extent that an E crime is punishable by imprisonment, this case requires a prison sentence, he has shown no remorse and has been held in contempt 10 times, but the judge warned him if he breaks the gag order, I will send you to the arrest and then did it again several times,” Levin said. “And subverting the electoral process is the most serious record violation that has ever occurred in New York courts.”
Dareh Gregoriano contributed.
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