# Manhattan Prosecutors file criminal charges for Trump re Stormy Daniels case - ongoing discussion here (Guilty on all 34 counts, May 30, 2024)
**URL:** https://boards.straightdope.com/t/manhattan-prosecutors-file-criminal-charges-for-trump-re-stormy-daniels-case-ongoing-discussion-here-guilty-on-all-34-counts-may-30-2024/980953
**Category:** Politics & Elections
**Tags:** trump
**Created:** [March 9, 2023, 10:53pm UTC](https://boards.straightdope.com/t/manhattan-prosecutors-file-criminal-charges-for-trump-re-stormy-daniels-case-ongoing-discussion-here-guilty-on-all-34-counts-may-30-2024/980953 "2023-03-09T22:53:57Z")
**Posts on this page:** 20
**Page:** 312
### Author:  [@eschereal](https://boards.straightdope.com/u/eschereal)
#### Post date: [August 16, 2024, 3:05pm UTC](https://boards.straightdope.com/t/manhattan-prosecutors-file-criminal-charges-for-trump-re-stormy-daniels-case-ongoing-discussion-here-guilty-on-all-34-counts-may-30-2024/980953/6221 "2024-08-16T15:05:54Z")
> [@smithsb](#):
>
> and I want a pony
Can you even afford a pony? Seriously, those things are ridiculously expensive to take care of.
---
### Author:  [@Procrustus](https://boards.straightdope.com/u/Procrustus)
#### Post date: [August 16, 2024, 3:09pm UTC](https://boards.straightdope.com/t/manhattan-prosecutors-file-criminal-charges-for-trump-re-stormy-daniels-case-ongoing-discussion-here-guilty-on-all-34-counts-may-30-2024/980953/6222 "2024-08-16T15:09:16Z")
> [@Northern\_Piper](#):
>
> I can’t speak for NY criminal law, but in my experience in Canada, the equivalent of a suspended sentence is for an accused who shows contrition, promises to go straight, agrees to conditions, makes restitution to victims, enters therapy (if psychological conditions are involved), and so on.
I also can’t speak for NY. But in Washington, almost all sentences include a portion that is suspended. For example, on a misdemeanor a judge will say “365 days in custody, with 360 suspended on the following conditions…” It’s not uncommon for minor crimes to suspended the entire period of incarceration. For felonies, however, we have a complicated sentencing guideline grid. I haven’t practiced criminal law in over 20 years, but I think there are provisions for alternative sentences like you describe in Canada. I don’t recall the specific requirements, but it would be different in NY anyway.
This is from an article after the conviction:
> “It’s an E felony, it’s a low-level felony case. He’s a first-time offender, but he violated the gag order 10 times, he’s been found in criminal contempt. He has been undermining the judge. He’s been threatening the court staff and the prosecutors, and if there’s any felony that calls out for some jail time it is this one,” he said.
>
> If it’s not jail time, Levin outlined several alternatives that Merchan could select.
>
> “There could be a conditional discharge, which has certain conditions, there’s probation, there’s jail, and there’s also home confinement. And so it’s unlikely to wind up with a major incarceratory sentence, but the judge has unilateral power to really impose any number of those things,” Levin said.
---
### Author:  [@Aspenglow](https://boards.straightdope.com/u/Aspenglow)
#### Post date: [August 16, 2024, 3:14pm UTC](https://boards.straightdope.com/t/manhattan-prosecutors-file-criminal-charges-for-trump-re-stormy-daniels-case-ongoing-discussion-here-guilty-on-all-34-counts-may-30-2024/980953/6223 "2024-08-16T15:14:57Z")
> [@Northern\_Piper](#):
>
> @Aspenglow , is that how it works in your experience?
My experience (as you know) is California, and yes, that’s how it works. See @Procrustus’s excellent summary.
I would only add that suspending a sentence is different than staying a jail term. Suspending a sentence is basically a stay of jail time that allows a defendant to avoid it altogether if they comply with terms and conditions of probation. If they comply, the suspended jail term is permanently stayed.
A stayed jail term only delays serving the jail term to a date certain in the future. There’s no opportunity for a defendant to avoid the term.
This of course can be further stayed as part of an appeal process. Which we can take to the bank that Trump will do.
ETA: I haven’t said it in awhile and I should: IANAL.
---
### Author:  [@Northern\_Piper](https://boards.straightdope.com/u/Northern_Piper)
#### Post date: [August 16, 2024, 3:18pm UTC](https://boards.straightdope.com/t/manhattan-prosecutors-file-criminal-charges-for-trump-re-stormy-daniels-case-ongoing-discussion-here-guilty-on-all-34-counts-may-30-2024/980953/6224 "2024-08-16T15:18:32Z")
> [@smithsb](#):
>
> Screw it, I want jail time, and I want the term “consecutively” instead of “concurrently” in the sentencing for each of the THIRTY-FOUR FELONIES; and I want a pony.
I assume you would also approve if Judge Merchan puts on a Mark Slackmeyer rubber mask before sentencing?
(Just like English judges used to put on a black cap before passing a death sentence.)
---
### Author:  [@Biffster](https://boards.straightdope.com/u/Biffster)
#### Post date: [August 16, 2024, 5:31pm UTC](https://boards.straightdope.com/t/manhattan-prosecutors-file-criminal-charges-for-trump-re-stormy-daniels-case-ongoing-discussion-here-guilty-on-all-34-counts-may-30-2024/980953/6225 "2024-08-16T17:31:23Z")
> [@Johnny\_L.A](#):
>
> How about a suspended sentence?
I think something is better than nothing. If he winds up with no sentences, then why even proceed with the other felony charges?
---
### Author:  [@Superdude](https://boards.straightdope.com/u/Superdude)
#### Post date: [August 16, 2024, 6:21pm UTC](https://boards.straightdope.com/t/manhattan-prosecutors-file-criminal-charges-for-trump-re-stormy-daniels-case-ongoing-discussion-here-guilty-on-all-34-counts-may-30-2024/980953/6226 "2024-08-16T18:21:27Z")
Personally, I’d be happy with home incarceration (preferably in NYC so he can’t play golf) with a social media ban.
---
### Author:  [@Biffster](https://boards.straightdope.com/u/Biffster)
#### Post date: [August 16, 2024, 6:42pm UTC](https://boards.straightdope.com/t/manhattan-prosecutors-file-criminal-charges-for-trump-re-stormy-daniels-case-ongoing-discussion-here-guilty-on-all-34-counts-may-30-2024/980953/6227 "2024-08-16T18:42:11Z")
Ooh! A social media ban could have an effect.
---
### Author:  [@Elmer\_J.Fudd](https://boards.straightdope.com/u/Elmer_J.Fudd)
#### Post date: [August 16, 2024, 6:52pm UTC](https://boards.straightdope.com/t/manhattan-prosecutors-file-criminal-charges-for-trump-re-stormy-daniels-case-ongoing-discussion-here-guilty-on-all-34-counts-may-30-2024/980953/6228 "2024-08-16T18:52:10Z")
Silencing Trump until election day will only improve his chances of winning.
---
### Author:  [@Akaj](https://boards.straightdope.com/u/Akaj)
#### Post date: [August 16, 2024, 6:58pm UTC](https://boards.straightdope.com/t/manhattan-prosecutors-file-criminal-charges-for-trump-re-stormy-daniels-case-ongoing-discussion-here-guilty-on-all-34-counts-may-30-2024/980953/6229 "2024-08-16T18:58:12Z")
Maybe, but it would also improve the chances of his head exploding.
---
### Author:  [@Biffster](https://boards.straightdope.com/u/Biffster)
#### Post date: [August 16, 2024, 7:20pm UTC](https://boards.straightdope.com/t/manhattan-prosecutors-file-criminal-charges-for-trump-re-stormy-daniels-case-ongoing-discussion-here-guilty-on-all-34-counts-may-30-2024/980953/6230 "2024-08-16T19:20:18Z")
Both salient points.
---
### Author:  [@PhillyGuy](https://boards.straightdope.com/u/PhillyGuy)
#### Post date: [August 16, 2024, 7:52pm UTC](https://boards.straightdope.com/t/manhattan-prosecutors-file-criminal-charges-for-trump-re-stormy-daniels-case-ongoing-discussion-here-guilty-on-all-34-counts-may-30-2024/980953/6231 "2024-08-16T19:52:20Z")
> [@Elmer\_J.Fudd](#):
>
> Silencing Trump until election day will only improve his chances of winning.
It also would violate his freedom of speech.
If locked up, whether in prison or home release, he should not have direct access to social media because prison authorities screen incoming and outgoing to see if it would harm the good order of where he was forced to be. But so long as he isn’t trying to stir up a prison riot, his email and out would properly be allowed.
I’ve read that in Georgia, prisoners commonly have cell phones. That’s a bad practice. But screened snail mail, and, in our day, email, amounts to a human right. And, so long as not incitement to lawbreaking or otherwise illegal, the email can properly ask the recipient to post a message on social media.
---
### Author:  [@ParallelLines](https://boards.straightdope.com/u/ParallelLines)
#### Post date: [August 16, 2024, 7:54pm UTC](https://boards.straightdope.com/t/manhattan-prosecutors-file-criminal-charges-for-trump-re-stormy-daniels-case-ongoing-discussion-here-guilty-on-all-34-counts-may-30-2024/980953/6232 "2024-08-16T19:54:18Z")
I think there’s a world of difference (which, admittedly, just about everyone is acknowledging) between what is just, what is legal, and what best serves the nation.
We’ll leave off just and legal which I think we’ve done to death in this and other threads, and back to what best serves the nation, which, granted, is still largely IMHO.
The argument that Trump should be treated differently because he’s running for office, and a former member of said office is to me largely offset by the fact that the felony convicted was as part of a corrupt scheme to gain said office. It’s positively Shakespearean, a third rate, cheaply painted Claudius in guady trappings bemoaning how his crimes can’t be forgiven or ignored as he still profits by them.
The second point on the national level is to whether it will effect the election, and again, IMHO, it will not. I don’t think there’s anyone left that’s moveable who _will actually turn out to vote_ and those that are Trump stalwarts aren’t going to be more likely to vote just because he gets an actual sentence.
But, and swinging back to what is legal and just, having talked about my feelings about best for the nation, I think some form of home confinement of a small but non-negligible duration, with limited communication (not silenced, but monitored to prevent active threats and incitements to violence similar to local jail guidelines), but with a few complications.
One, duration - a two to four week sentence, severed on weekends would let him serve it out before any eventual future term (FSM forbid) in office. Of course, if he complains (if, if I say, I crack myself up) , it should also be offered as any other two-consecutive day period of each 7 day week, which would free up his schedule to a degree.
Two, type of punishment - instead of making him sit, fuming, quietly at home (in a virtual palace no less) offer some slightly demeaning, but non-physically intensive work that he can do for the betterment of the NY state he has damaged. Public service, but nothing VISIBLE he could _easily_ campaign (I say easily, because he claims credit for anything, but what have you). I’d say force him to educate people in otherwise disenfranchised areas on how to register to vote, but I’m sure he wouldn’t be bothered, so it would have to have a way to unsuspend the sentence if he didn’t comply.
But above all, and I’ve touched on this, but repeating for emphasis, it should include clear and detailed consequences if Trump does not comply, they should be somewhat severe, and Trump and/or his lawyers should be required to state they understand and agree in open court (ideally with yes or no responses only).
---
### Author:  [@Atamasama](https://boards.straightdope.com/u/Atamasama)
#### Post date: [August 16, 2024, 8:11pm UTC](https://boards.straightdope.com/t/manhattan-prosecutors-file-criminal-charges-for-trump-re-stormy-daniels-case-ongoing-discussion-here-guilty-on-all-34-counts-may-30-2024/980953/6233 "2024-08-16T20:11:01Z")
I get enough suspended sentences listening to a Trump speech.
The thing about Trump and “freedom of speech” is that by committing a crime, you are forfeiting some of your freedoms. If you are worried about the consequences of a conviction, don’t commit crimes in the first place.
I know that sounds like it should be obvious, but I swear people forget this.
Hopefully Merchan follows the legal standard here. I have faith in him. He did defer to Trump many times (which is why Trump never got jailed for violating court orders, just fined), but not as much as some other judges have.
---
### Author:  [@DrDeth](https://boards.straightdope.com/u/DrDeth)
#### Post date: [August 16, 2024, 8:20pm UTC](https://boards.straightdope.com/t/manhattan-prosecutors-file-criminal-charges-for-trump-re-stormy-daniels-case-ongoing-discussion-here-guilty-on-all-34-counts-may-30-2024/980953/6234 "2024-08-16T20:20:19Z")
> [@chappachula](#):
>
> Prison time seems improbable to me. Judge Merchan knows that a jail sentence on a presidential candidate would cause an absolute earthquake in our political system, destabilizing the country.
I think that is a bad reason for no prison time. These are legit reasons- first time offender, non-violent crime, issues with prisoner safety. I hope for a one year house arrest under supervision, and several years suspended sentence.
> [@psychonaut](#):
>
> That said, I wonder if the judge might be contemplating delaying the start of any prison sentence, or even its pronouncement, until after the election. …
> [@Elmer\_J.Fudd](#):
>
> Can’t a prison sentence be imposed but delayed pending appeal? That gets us past the election.
In NY, non-violent offenders can often stay out on bail until the first appeal is heard- and in this case certainly rejected.
> [@Aspenglow](#):
>
> Suspending a sentence is basically a stay of jail time that allows a defendant to avoid it altogether if they comply with terms and conditions of probation.
Which nearly always includes _not consorting with felons_, not leaving the USA, and in some cases, not leaving the jurisdiction. There are a lot of MAGA felons out there…
---
### Author:  [@Biffster](https://boards.straightdope.com/u/Biffster)
#### Post date: [August 16, 2024, 8:25pm UTC](https://boards.straightdope.com/t/manhattan-prosecutors-file-criminal-charges-for-trump-re-stormy-daniels-case-ongoing-discussion-here-guilty-on-all-34-counts-may-30-2024/980953/6235 "2024-08-16T20:25:13Z")
Something else to consider: delaying making any announcement until after the election does not meaning voting in November; Trump’s people have already said this election goes until inauguration on Jan 20 (and probably longer if Trump loses). Expediency is important here to send any kind of message. A one year suspended sentence, serves on, say, weekends, is more than reasonable.
---
### Author:  [@Odesio](https://boards.straightdope.com/u/Odesio)
#### Post date: [August 16, 2024, 8:40pm UTC](https://boards.straightdope.com/t/manhattan-prosecutors-file-criminal-charges-for-trump-re-stormy-daniels-case-ongoing-discussion-here-guilty-on-all-34-counts-may-30-2024/980953/6236 "2024-08-16T20:40:03Z")
> [@Biffster](#):
>
> A one year suspended sentence, serves on, say, weekends, is more than reasonable.
What reason has Trump given for the judge to suspend his sentence?
---
### Author:  [@eschereal](https://boards.straightdope.com/u/eschereal)
#### Post date: [August 16, 2024, 9:09pm UTC](https://boards.straightdope.com/t/manhattan-prosecutors-file-criminal-charges-for-trump-re-stormy-daniels-case-ongoing-discussion-here-guilty-on-all-34-counts-may-30-2024/980953/6237 "2024-08-16T21:09:22Z")
Non-violent “first-time” offenders are often spared incarceration. The prison system is burdened enough as it is.
Perhaps the ideal sentence should be “_for one year, you take orders from Michael Cohen and do whatever he tells you to do_.”
---
### Author:  [@Joey\_P](https://boards.straightdope.com/u/Joey_P)
#### Post date: [August 16, 2024, 9:12pm UTC](https://boards.straightdope.com/t/manhattan-prosecutors-file-criminal-charges-for-trump-re-stormy-daniels-case-ongoing-discussion-here-guilty-on-all-34-counts-may-30-2024/980953/6238 "2024-08-16T21:12:29Z")
> [@eschereal](#):
>
> Perhaps the ideal sentence should be “_for one year, you take orders from Michael Cohen and do whatever he tells you to do_.”
And then we film it and turn it into a sitcom. Kind of a Who’s The Boss/The Odd Couple mash up.
---
### Author:  [@eschereal](https://boards.straightdope.com/u/eschereal)
#### Post date: [August 16, 2024, 9:21pm UTC](https://boards.straightdope.com/t/manhattan-prosecutors-file-criminal-charges-for-trump-re-stormy-daniels-case-ongoing-discussion-here-guilty-on-all-34-counts-may-30-2024/980953/6239 "2024-08-16T21:21:46Z")
> [@Joey\_P](#):
>
> Kind of a Who’s The Boss/The Odd Couple mash up.
It’s not spaghetti, it’s linguine
[_Now it’s garbage_](https://www.youtube.com/watch?v=LDXSXkYoM5Y)
---
### Author:  [@Elmer\_J.Fudd](https://boards.straightdope.com/u/Elmer_J.Fudd)
#### Post date: [August 16, 2024, 9:23pm UTC](https://boards.straightdope.com/t/manhattan-prosecutors-file-criminal-charges-for-trump-re-stormy-daniels-case-ongoing-discussion-here-guilty-on-all-34-counts-may-30-2024/980953/6240 "2024-08-16T21:23:18Z")
> [@Joey\_P](#):
>
> And then we film it and turn it into a sitcom. Kind of a Who’s The Boss/The Odd Couple mash up.
I’m convinced Trump would jump at the chance to trade politics for another TV gig.
[Previous page](https://boards.straightdope.com/t/manhattan-prosecutors-file-criminal-charges-for-trump-re-stormy-daniels-case-ongoing-discussion-here-guilty-on-all-34-counts-may-30-2024/980953.md?page=311)
[Next page](https://boards.straightdope.com/t/manhattan-prosecutors-file-criminal-charges-for-trump-re-stormy-daniels-case-ongoing-discussion-here-guilty-on-all-34-counts-may-30-2024/980953.md?page=313)