The concertina wire needs to be gilded
Ketchup pruno?
okay okay I won’t hijack again
At this moment mr trump is an adjudicated felon, just as he is an adjudicated insurrectionist (Colorado). A judgement has been made. Until July 11th. That is the day he will be convicted on the felony judgment. Embrace the technicality.
The class e felony of which he was judged guilty has a maximum of 4 years per count. There is no minimum.
On team USA, for sentencing, they will be looking at all the other cases of falsifying business records in New York. They will look at what fines or sentences were imposed in those cases. Generally one would not want to go wildly different from the norm, unless… you have a really good case to so do.
What makes this a bit different is that the enhancement to felony is due to campaign law violation. Most business crimes have a limited benefit. Covering embezzlement or perhaps laundering. This enhancement was to undermine a presidental election. A more grave crime.
Add in the attacks that Mr trump has been spewing round about. On the judicial process, witnesses, prosecutors, court staff, the jury, the judge, and any other airing of grievances he had during this trial. That have resulted in 10 counts of contempt (thus far).
The risk of recidivism and lack of remorse are major factors in sentencing. Not to mention these crimes all occurred in the White House.
The lack of remorse is very easily documented. It would be more difficult to find a fragment of remorse. As for recidivism, also easily documented. The recently adjudicated fraud trial has plenty of documents.
Another factor is was the crime done alone or as a leader of a group. Mr trump was the leader of these crimes. He is the only reason, without him running for president, none of it would have happened.
Judge merchan was the judge on the trump organization criminal trial where the organization was found guilty of tax evasion and resulted in Mr weisselberg’s first prison sentence. Interesting fact is that due to trump going to the White House, the off book payments to weisselberg had to go on book. Which resulted in grossing up so there would not be a financial hit to weisselberg.
Of course the defence will have reasons to mitigate, which should be an interesting read.
The above is from what I heard on msnbc and prosecuting Donald trump.
quoted because, really, why isn’t everyone talking about this all the time? it’s not normal, people, let’s keep that in mind.
June 13 deadline for the defence filing.
June 27 deadline for the prosecution filing.
Any idea when the interview with the probation person is?
That probably won’t be publicized. Unless Trump publicizes it, of course.
Knowing Trump, he can’t help but publicize it. However, I read in another thread that it’s voluntary, not mandatory. My guess is that he doesn’t do one.
Probably because we’re become so accustomed to such outrageous behavior from Trump that we forget how extraordinary it really is. It’s just Trump being Trump.
The comments in some cites that a convicted felon pursuing an appeal is necessarily careful in any remorse expressed—well, sure. But there are ways of expressing your innocence. “It’s unfortunate we’ve come to this. Nonetheless I have faith in the legal process and I’m confident we’ll be successful on appeal” is one thing. The hateful venom Trump continuously vomits is another.
Judge Merchan can and will factor in Trump’s hyper-aggressive contempt in his decision.
Are these public records?
The defense has an interesting needle to thread. Showing contrition is admitting guilt. Do they do something like, he didn’t do it but if he did do it the appropriate punishment is probation.
Attorneys intending to file appeals manage to thread that needle all the time.
Guilt is no longer a matter at issue. The appeal won’t change that. The jury has established the facts, and the facts are that he’s guilty.
ETA: Trump’s lawyers know this, despite what they may say for the benefit of their ignorant supporters. They will argue for leniency, but they won’t try to persuade the judge of Trump’s “innocence.”
What if Trump demands that they do so?
Blanche will probably make the arguments as demanded, but they will fall on deaf ears, is my best guess. It’s how he handled Trump’s demands during the trial – much to Trump’s detriment.
Re the probation interview:
Is that true? Can he pass on that?
He can, but it’s ill advised. The judge will not look kindly upon such a breach of protocol. And the judge will be free to make whatever negative inferences he wishes from Trump’s lack of input.
OTOH, with Trump’s propensity to lie about… well, everything, it may still be his best course of action.
Well then, I’m going to guess that’s exactly what Trump is going to do then.
I had speculated earlier that Trump would refuse to participate in the pre-sentence interview even if it was mandatory. If it is indeed voluntary, my comment still stands: refusing to do it will reflect badly on his sentencing prospects, and the constant stream of venom he spews should, at least in a just world, make it that much worse.