If Trump is not given jail time

[edhopper]

There MUST be a very specific set of criteria for him to remain out, and the violation of any of the terms of his sentence MUST result in his immediate incarceration. There can be no wiggle room for him.

[Irish_Dem]

1. There must be some explanation why Cohen and Weisselberg went to jail but Trump got off.

[unblock]

7. They both pled guilty to other crimes as well, including tax fraud.

[Emile]

12. and Trump was found guilty of 34 felonies.

[unblock]

15. True, but all essential the same crime, just in 34 installments

It's the sort of thing that results in any sentences being served concurrently, not consecutively.

[Emile]

17. Guilty is Guilty

[Irish_Dem]

13. Trump has been found guilty of tax fraud too.

So that cannot be the difference.

[unblock]

14. Not in this case

Two trump organization entities were found guilty but that case resulted in fines, no prison time. Donnie was not charged personally in that case.

[Irish_Dem]

18. In the court of public opinion, it will not be seen as fair that Cohen and Weisselberg went to jail

and Trump did not.

The court of public opinion is not going to split legal hairs to justify Trump getting off the hook.

[unblock]

25. Few will be happy. The right wing is already apoplectic, no sentence will appease them no matter how minimal

And I fully think they, given my admittedly limited knowledge of sentencing standards, any actual prison time will be a matter of months, not years. I'm bracing for suspended sentence / probation / house arrest. Plus a yet another fine.

No one will be particularly happy with the outcome.

My expectation, anyway.

[Irish_Dem]

26. Yes I think we have to be realistic about the sentencing.

House arrest and probation of course are little or nothing in the way of punishment.

[Attilatheblond]

29. House arrest WITHOUT any use of internet

and jail for anybody who hands him their phone to use to skirt that condition.

[Irish_Dem]

30. House arrest a luxury resort is no punishment.

Trump will immediately violate the internet rule.

[Attilatheblond]

33. Cohen disaggrees with you

[Irish_Dem]

39. Cohen is well known to have poor judgement when it comes to Trump.

All prisoners would give anything to serve their time in a luxury resort.

[Attilatheblond]

42. Cohen made a damned good point on Deadline Whitehouse yesterday

Re the doc he stole and what secrets he knows. Cohen said he was pretty sure some info/docs had been sold or shared with others by Trump. With more critical info in his head or file boxes, having him in a prison might be a security problem. Trump might well share info that shouldn't be shared to get favors/power within a prison population.

Got to thinking about what Cohen said, and figured he had a damned good point that, as much as we would like him in prison, it might not be the best thing for national security or the safety of our military. He was looking beyond wanting vengeance and toward our national best interests. Might be something to consider.

[unblock]

43. If he goes to prison, it won't be gen pop. He'll be in some special wing for security reasons.

[Attilatheblond]

44. I do sorta hope for a cell in max security prison

[url=https://postimages.org/][img][/img][/url]

ADX Florence looks comfy


On edit: bandage on finger tip = more typos than usual

[W_HAMILTON]

37. Pleading guilty under a plea arrangement usually results in LESS harsh punishment...

...than an outright jury conviction -- not more.

[unblock]

38. Yes but several different crimes (as opposed to 34 counts of basically the same crime)

[W_HAMILTON]

41. Fact of the matter is, jail is a potential sentence for the crimes committed and others have gone to jail for it.

And the underlying crime related to the crimes he was convicted for is much more serious and impactful than any of those others resulting in jail time, I'm sure.

[gab13by13]

2. What you are describing is probation.

[edhopper]

9. I get that

but any other defendant, with 10 contempt of court charges, would be behind bars. He needs to be treated as any other criminal.

[Ms. Toad]

31. Not in NY.

Fines are capped, and the general expectation is that you try fines before imprisonment.

So some other criminals might have been imprisoned in response to the second show cause order, but far from "any other criminal"

[edhopper]

35. A second

But 10!

[Ms. Toad]

40. There were only two show cause motions.

That is what matters most, not the number of violations/comments made.

Not only were there only two motions, but the second was filed before the first was resolved, so there was no opportunity for him to learn from the first punishment imposed and change his behavior in response.

Had there been 10 separate show cause motions, rather than 2, or had the court resolved the first before the second, it might be a 50-50 chance that any other criminal would have been out in jail.

[lame54]

3. With his accusatory and defiant manner...

No leniency - jail time

[uponit7771]

4. Trump will be given jail time .... Eventually

[pwb]

5. Probation

covers most of that. Lots of limits the judge can impose. Drug testing, no drinking, limited travel, etc.

[edhopper]

10. But will they keep giving him another chance

when he violates it.

[pwb]

11. No violations allowed normally.

But he is a past shitty President so?

[Mme. Defarge]

6. Dropping out of the presidential race

as a form of community service.

[EYESORE 9001]

8. What about suspended jail time?

All the desired effect of burnishing his felonious bona fides while avoiding the disruptive aspects of actual incarceration. He’s walking around in a prison of his own construct already.

[PeaceWave]

16. Look to history and what our nation got from letting Nixon walk free...

A chance for the nation to heal? Hogwash. Trump grew up watching Nixon go unpunished for his crimes. If Trump receives a similar Get out of Jail card for his crimes, imagine what a future Republican President might be capable of.

[NanaCat]

19. Probation always has some rather difficult requirements

Why would you think NY wouldn't apply to him their standard terms of probation, and maybe throw in some extras?

The terms of probation always state that violating these conditions will probably result in incarceration, unless there's an extraordinary reason not to enforce the probation agreement.. That is a given. Whatever caused you to think that wouldn't apply here?

[edhopper]

21. Because he has been treated with kidd gloves

Any other defendant with 10 contempt of court charges would be behind bars.

[WarGamer]

20. Here's what will happen.

By NY law... Trump can't appeal until after sentencing.

Within minutes of sentencing, the appeal will be filed and right away... the Court of Appeals will issue a stay on sentencing pending appeal.

There won't be ANY effects from sentencing until way after the election...

[edhopper]

22. True

but I think his appeal will fail and the Court of Appeals will reject his case. When the sentence is imposed, what I said should be done.

[Ms. Toad]

32. He is entitled to an appeal, so the appellate has no discretion to reject his case.

After a period of briefing and oral arguments (a period of months, generally), they can affirm or reverse the lower court, in whole or in part. But simply rejecting the case is not an option.

[edhopper]

34. That's what I said

The Appellate Court will hear it and not overturn. The Court of Appeals will reject it.

Sorry if my language was confusing.

[republianmushroom]

23. Sounds good, but we shall see if it holes true for the convicted felon ex-president trump.

I'm betting it does, it will enforced just like the gag order(s) have been.

[Polybius]

24. They will definitely allow him to campaign in any state that he chooses

They kinda almost have to.

[edhopper]

27. Why?

why does a felon have that right? That is special treatment, isn't it?

[Polybius]

28. He's the Republican nominee

Can't have it look like he can't campaign, or it might backfire.

[edhopper]

36. That is a political decision

Not a legal one.

[LetMyPeopleVote]

45. TFG having to do community service could be amusing

Link to tweet

I love this cartoon