Last week, Donald Trump was convicted on all counts of falsifying business documents: the first time in US history a former president has been convicted of a crime. However, it is his potential for becoming the next president that raises interesting issues about his sentencing next month.
Former-president Donald Trump was found guilty on 34 counts of falsifying business records in a 6-week “hush money” trial in New York. Eleven checks, 11 invoices, and 12 ledger entries were doctored to hide payments to an adult film actress with whom Trump had had an affair. In New York, falsifying a business record is normally a misdemeanor, but it becomes a felony when used to commit another crime. In this case, the other potential crimes were federal campaign finance violation, tax fraud, and conspiracy to promote or prevent an election. (The prosecution doesn’t have to prove those crimes were actually committed.) While Trump could get 20 years, he’ll likely get probation as a first-time offender. He could also get home confinement for up to a year.
In the US, there is no law against a convicted felon serving as president. The founding fathers never imagined a criminal would ever be considered for president, so no one bothered to write a ban into the Constitution. If elected, Trump could not pardon himself (only the governor could pardon a state charge and that is unlikely in blue New York). In theory, the Vice President and Cabinet could remove him from office, but a two-thirds majority of both houses of Congress would be needed to make it stick—unlikely. As such, rule-of-law requires that Trump be able to serve as both president and convict. Therefore, it would be wise for the judge to sentence him to probation so he could perform the functions of his office, in case he’s elected. Even home confinement would be disruptive.
Trump will be sentenced on July 11, four days before the Republican primary. He has ranted about this date and every aspect of his trial. Sadly, many Americans believe Trump’s tirades about a rigged trial—in a nation-state, a diminished belief in the system actually does diminish the system. Note though that a criminal who doesn’t accept trial results or show remorse generally serves a longer sentence. In this vein, Trump’s not doing himself any favors either.
Source:
Aysha Bagchi, Bart Jansen, David Jackson, Kinsey Crowley, “Donald Trump Found Guilty on All Counts in Historic NY Hush Money Case,” USA Today, 5/30/2024, accessed from https://www.usatoday.com/story/news/politics/2024/05/30/donald-trump-verdict-criminal-hush-money-trial/73891042007/?csp=chromepush
Devlin Barrett, Shayna Jacobs, Derek Hawkins, Mark Berman, Marianne LeVine, Alexandra Pannoni, “What Has Changed for Trump, his Campaign and Potential Presidency,” Washington Post, 2 June 2024, A3; see also https://www.washingtonpost.com/politics/2024/05/30/trump-guilty-verdict-presidential-race-polls/
“Constitution of the United States,” US Congress,” accessed from https://constitution.congress.gov/constitution/amendment-25/
“Constitutional Amendments—Amendment 25—“Addressing the Presidential Succession Process,” Ronald Reagan Presidential Library & Museum; accessed from https://www.reaganlibrary.gov/constitutional-amendments-amendment-25-addressing-presidential-succession-process
“Why Does Trump Face Felony Charges? Prosecutors Say He Was Hiding Other Crimes,” New York Times, 6 May 2024; accessed from https://www.nytimes.com/2024/05/06/nyregion/trump-charges-felonies.html
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