Former President Trump will conduct a virtual interview with a New York City probation officer from his home in Mar-a-Lago with his attorney on Monday Todd Blanche by his side after being found guilty on all counts in the hush-money trial against him last month, three sources familiar with the case told NBC News.
Trump, the presumptive Republican presidential nominee, was convicted last month of all 34 felony counts of falsifying company records in the landmark case. The probation interview is required by the court as part of the former president’s pre-sentencing report.
Judge Juan Merchan, who is presiding over the hush money case, allowed Blanche to attend the probation meeting after prosecutors did not object. Trump’s defense team is expected to file their sentencing recommendation on June 13.
The former president will be sentenced on all 34 crimes in New York on July 11, days before the Republican National Convention begins.
Some legal experts noted that holding a probationary hearing via video conference is unusual, but that it would also be unprecedented to have the former president on probation in New York.
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 take place over Zoom,” but acknowledged that an in-person visit by Trump to the probation office would “ be very disruptive”.
“But you could argue that Trump’s appearance at the probation office on the tenth floor of the Criminal Court Building in Manhattan, where his trial took place, with the Secret Service and the press following him, would be highly disruptive to the probation office and unfair against other defendants. who may not want to be identified,” he said. “So ultimately this may be better for the probation officer.”
Horn noted that the typical purpose of a probation interview is to obtain information about Trump’s social and criminal history, financial resources, mental health history, physical or addiction problems, and to assess his living situation.
Trump could also be asked whether he associates with anyone with a criminal record because he won’t be able to associate with them if he is placed on probation, Horn said. The probation officer may then also want to interview others in Trump’s home. Although agents typically answer their questions in one session, follow-up conversations may occur. The probation officer will then prepare a report and provide it to Merchan.
The former president faces probation and up to four years in prison. Some legal experts have argued that Trump is unlikely to face prison time because of his age, lack of criminal record and other factors.
Duncan Levin, a former Manhattan prosecutor turned defense attorney, said the prosecutor will likely seek prison time.
Blanche, Trump’s lawyer, will be present to make sure questions don’t put his client in legal jeopardy, Levin said. While the hearing may seem like an unnecessary step because Trump is one of the most vetted public figures, it is the court’s way of assessing who he is beyond what was revealed during the trial.
“It’s unlikely that the needle will move because the judge knows so much about his background,” Levin said, referring to the trial hearing.
Levin also pointed to Merchan’s silence order against Trump after he attacked members of his family and the previous prison sentence of Michael Cohen, Trump’s former fixer who served as the prosecution’s star witness, on a range of federal charges, including lying to Congress. .
“To the extent that an E-crime is punishable by imprisonment, this case cries out for imprisonment. He has shown no remorse and has been convicted 10 times, but the judge warned him if he violates the gag order I will send you to jail and then he did it a few more times,” Levin said. “And undermining the election process is as serious a record violation as has ever been committed by the New York courts.”
This article was originally published on NBCNews.com
