Donald Trump leaves a Manhattan courtroom after being found guilty of all 34 charges in his hush money trial on May 30, 2024. (Justin Lane-Pool/Getty Images)
What comes next after former President Donald Trump’s conviction on May 30, 2024, on 34 felony counts of falsifying corporate records in New York?
Trump’s legal team is likely to appeal the verdict. “We will fight for our Constitution,” Trump said after the jury announcement. “This is far from over.” A sentencing hearing for Trump is scheduled for July 11.
Conversation US Politics and Society Editor Amy Lieberman spoke with Gabriel J. Chin, a scholar of criminal and procedural law, to better understand the verdict.
Why were there so many different crimes in this case?
The essence of the crimes for which Trump was convicted is falsifying documents or records. Accordingly, each check, invoice, or other document that the jury found to be forged was a separate offense, which may be the basis of a separate count and punishable separately. The prosecutor wanted to make sure the jury saw the full scope of the scheme she alleged occurred — namely, that Trump covered up the fact that he had paid hush money to porn star Stormy Daniels by disguising the payment as legal compensation to his lawyer. , Michael Cohen. Cohen then allegedly used Trump’s money to pay Daniels to keep her from talking about her alleged affair with Trump.
What is most important for people to understand about this belief?
It is historic and groundbreaking that a former or future president is convicted of crimes in the United States. Debate will arise and people will have to judge whether this persecution is an example of the principle that no one is above the law, or whether this is an example of political persecution.
As a technical legal matter, this conviction has a significant effect on all of Trump’s other criminal and civil cases. At the very least, it means that if Trump does at least take the stand to testify, opposing lawyers will be able to attack his credibility with this conviction. Lawyers may argue that any witness with a felony conviction may be lying.
Practically speaking, this verdict also means that Trump – who is registered to vote in Florida – cannot vote there until his sentence is served, although there are many variables that could affect his ability to vote and legal experts appear somewhat divided on the issue. Under federal law, he is not allowed to possess a firearm. But he can still run for president and hold office because nothing in the Constitution disqualifies people with convictions — or who are in prison — from running for or serving as president.
What can we know about what his punishment might look like?
New York Judge Juan Merchan will decide the sentence alone, without a jury.
Not surprisingly, sentencing has been set for July, rather than sooner. As in other cases, the probation office will prepare a report detailing Trump’s background and history, and the facts and circumstances of this case. Trump has no criminal record, which is generally a favorable sentencing factor. On the other hand, he does have negative court records, including a civil finding in 2023 that found he committed sexual assault. One question to watch is whether the prosecutor or the probation department is arguing that Trump’s other criminal and civil charges should be considered in the sentencing.
One factor in sentencing that sometimes plays a role is the lack of remorse; it is often a reason that judges impose heavier sentences. It certainly doesn’t appear that Trump has in any way acknowledged that he did anything deplorable or committed a crime. Trump’s violation of the silence orders in this case, for which the judge has already punished him, could also be a factor used to argue for or impose a higher sentence.
Given this verdict, is it likely that Trump will serve a prison sentence?
The crime of falsifying corporate records is considered a “Class E” felony in New York State – and each offense carries a possible prison sentence of up to four years. Probation in lieu of incarceration, or probation plus a short prison sentence, is available. Sentences can be imposed concurrently or consecutively, so theoretically Trump could receive a sentence of 136 years if the maximum sentences on all counts are imposed consecutively. But while the judge will determine the sentence, based on past practice, it is reasonable to speculate that Trump will not be sentenced to a lengthy prison term, and that he may not receive any prison time at all.
A not guilty verdict would have been final because of the constitution’s ban on double criminality – meaning a person cannot be convicted, acquitted or punished more than once for the same crime.
This conviction will undoubtedly be challenged for years, and the appeal process could have at least two chances to reach the U.S. Supreme Court. Whether this case was appropriately tried in state court will also be a question; federal authority over federal elections and election crimes will likely be examined on appeal.
In other words, this case is far from over. It is likely that even if Trump were sentenced to incarceration, he would be allowed to remain free pending his appeal. This practice is not uncommon in complex and high-profile cases, at least where there are reasonable legal claims of error.
What made the evidence in this case so strong that it convinced jurors?
It’s partly the scope of New York law, which, unlike the law in many states, criminalizes falsifying internal company documents, even if they are private and not used to defraud the tax system or defraud anyone. But even in New York, falsifying private business information is generally a crime. It only becomes a crime when, as the jury found here, the actions are used to cover up or conceal a crime.
In this case, the jury may be convinced by the prosecution’s argument that the cover-up crime was essentially a scheme to defraud the American people by concealing information about the character and behavior of a presidential candidate.
Because Trump allegedly misled voters, the jury may not have been willing to simply dismiss this as ‘business as usual’. Another factor is the remarkable research that went into the preparation of this case. The prosecutor had so many witnesses and documents that she could tell the story very specifically.
This article is republished from The Conversation under a Creative Commons license. Read the original article.
Gabriel Chin teaches criminal justice, immigration, and race and law at the UC Davis School of Law. Through its opinion section, Kansas Reflector works to amplify the voices of people who are affected by public policy or excluded from public debate. Here you will find information, including how to submit your own comments.
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