NEW YORK (AP) — Will Donald Trump go to jail? Could he forgive himself? What about the elections? The first criminal conviction of a former US president raises a host of legal and political questions.
Trump was convicted Thursday by a Manhattan jury of 34 crimes related to a scheme during his 2016 presidential campaign to pay off a porn actor who said the two had sex. The presumptive Republican presidential nominee denies having sex with Stormy Daniels, has said he did nothing wrong and has rejected the jury’s verdict.
Here are answers to some of the biggest questions surrounding Trump’s conviction:
WHAT HAPPENS NOW?
Trump remains free on his own recognizance. He is due back in a Manhattan courtroom on July 11 when he will be sentenced. That’s just days before the Republican National Convention in Milwaukee, where GOP leaders — who remain steadfast in their support of Trump — are expected to formally make him their nominee for the November election.
Before Trump is sentenced, he will be interviewed for a presentence report that Judge Juan M. Merchan will use to determine his sentence. The report is typically prepared by a probation officer, social worker, or psychologist working for the probation department who interviews the suspect and possibly that person’s family and friends, as well as people affected by the crime. Presentation reports include a suspect’s personal history, criminal record, and sentencing recommendations. Trump has no prior convictions.
Trump is charged in three other criminal cases, but it’s possible none of them will go to trial before the election. For example, Washington’s 2020 election interference case remains on hold while the U.S. Supreme Court weighs Trump’s claim that he is immune from prosecution for actions he took as commander in chief.
WILL HE GO TO PRISON?
It’s not clear. That will be up to the judge, who has repeatedly accused Trump 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 charge of falsifying corporate records carries a prison sentence of up to four years, but Trump may only face fines or probation. Court records and newspaper archives in New York show that defendants convicted of this charge are rarely sentenced to prison for that crime alone. Often the charge accompanies more serious crimes, such as grand larceny.
And even if the judge were to sentence him to prison, his lawyers would almost certainly insist that the former president remain free until he can no longer appeal.
Trump faces the threat of harsher prison sentences in the three other cases. For example, the most serious charges in Trump’s election interference cases in Washington and Georgia carry prison sentences of up to 20 years.
CAN HE STILL BECOME PRESIDENT?
Yes. There is nothing stopping Trump from continuing his bid to reclaim the White House or become president. There are only three qualifications for president set forth in the Constitution: Candidates must be at least 35 years old, natural-born citizens, and have lived in the U.S. for at least 14 years. There are also no restrictions on his travel at the moment, so he can continue campaigning normally.
CAN HE APPEAL?
Trump lawyer Todd Blanche said on the Today show on Friday: “We’re going to appeal, and we’re going to win on appeal.” Trump’s lawyers laid the groundwork during the trial to challenge the verdict on multiple issues.
Blanche suggested that they challenge the judge’s decision not to excuse themselves. Trump has repeatedly argued that Merchan should not have presided over the case, citing the money he has given to Democrats and the fact that his daughter is a party adviser. Merchan has 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 matter.
Trump’s lawyers can also challenge rulings by the judge who they say unfairly hampered his defense, including limiting the testimony of an expert witness they wanted to put on the stand.
CAN HE GIVE HIMSELF?
No. It’s a state conviction, so Trump wouldn’t be able to pardon himself if he were to run for president again. Presidential pardons only apply to federal crimes. And it is a legally untested question whether Trump would even have the power to pardon himself if convicted in the federal cases. No president has attempted this while in office because no president before Trump had ever been charged or convicted.
CAN HE VOTE IN NOVEMBER?
That’s possible, as long as he’s not in jail. Trump’s home state of Florida respects other states’ disenfranchisement rules for residents convicted of crimes outside the state. And New York’s law eliminates the right to vote for people convicted of felonies, but only while they are in prison. Once they are released from prison, their rights are automatically restored even if they are on parole, under a 2021 law passed by the state’s Democratic Legislature.
WILL IT HURT HIM POLITICALLY?
Trump said Thursday that “the real judgment by the people will come on November 5,” referring to Election Day.
It is unclear to what extent his guilty verdict will impact his bid to dethrone Biden. The election is expected to be incredibly close, and it’s not clear how undecided voters — 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 of Trump stood behind him after the conviction and condemned the judge and prosecutors.
Trump’s campaign hopes his supporters will be similarly galvanized by the case, which Trump filed as an attempt to undermine his bid for the White House. His campaign immediately began raising money for the conviction with messages like: “I HAVE JUST BEEN CONVICTED IN A WRONG TRIAL!” Another message to supporters read: “If they can do this to me, they can do this to anyone.”
Trump’s campaign said Friday morning that his conviction has helped it raise a record $34.8 million in small online contributions — nearly double the previous largest raised.
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Richer reported from Washington. Associated Press journalists Jill Colvin and Luke Sheridan in New York contributed to this report.
