Donald Trump Awaits Sentencing Before Appeal in Business Records Case
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Former President Donald Trump has been convicted on 34 counts of falsifying business records, but this does not bar him from running in the upcoming November election. Trump is scheduled to be sentenced on July 11, just days before the Republican National Convention, where he is expected to be named the Republican nominee for president.
According to Fordham University Law Professor Cheryl Bader, Trump must be sentenced before he can appeal the conviction. “The case is not considered complete until after sentencing. Once sentenced, his team will file a notice of appeal, and then a briefing schedule will be set,” Bader told ABC News. “He will likely appeal on numerous issues from jury selection to evidentiary rulings,” she added.
Sentencing Details
Before the sentencing, the Probation Department will prepare a pre-sentence investigation report, which will include an interview with Trump and provide a sentencing recommendation to Judge Juan Merchan. Both the defense and prosecution will also submit their sentencing recommendations for the judge’s consideration.
Experts suggest it is highly unlikely that Trump will receive a prison sentence. Bader commented, “I would be surprised if we see a sentence of incarceration. He has no criminal record, it’s a nonviolent crime, and his age makes continued criminal conduct unlikely. Additionally, the logistics and political implications of incarcerating a Republican nominee before an election are significant.”
Bader also noted that Judge Merchan’s previous decisions, such as not jailing Trump for violating a gag order, indicate a reluctance to impose incarceration. “Other sentencing options include community service or fines, but these could be logistically challenging or insufficient for the case,” Bader said. Cornell University Law Professor Randy Zelin added that Trump might receive probation or a conditional discharge, an unsupervised period where he simply needs to stay out of trouble.
Potential Impact on Legal Procedures
Should Trump receive a sentence that deviates from expectations, it could be due to his ongoing contempt for the justice system, as noted by Zelin. “Trump’s constant public criticism of Judge Merchan and the justice system could influence the sentencing,” he said.
The Appeals Process
Once Trump is sentenced, the appeals process can begin. He will have 30 days to file a notice of appeal, and a schedule will be set for submitting appellate briefs. The notice must also be sent to the prosecuting attorney. The case will then proceed to the Appellate Division, First Department in Manhattan, for oral arguments.
If Trump loses the initial appeal, his legal team can attempt to take the case to New York’s highest court, the Court of Appeals, though it only hears a small percentage of criminal appeals. Zelin noted that Trump might argue for an expedited appeal, stressing the importance of a decision before the election.
Stay tuned for further updates on this developing story and other breaking news.
