The former assistant US attorney Andrew McCarthy has predicted that Donald Trump may face may face prison time as early as September in connection with the hush money case. McCarthy argues that Judge Juan Merchan’s timing of the sentencing could serve to label Trump as a convicted felon just before the 2024 presidential election, potentially benefiting Vice President Kamala Harris in her bid for the presidency.
Judge Rejects Trump’s Plea for Delay
Judge Merchan has dismissed Trump’s request to delay the sentencing, which is set to take place on September 18. This decision comes after Trump’s defense team petitioned for a postponement until after the November presidential election. They argue that the timing of the sentencing could have significant implications for the election, particularly with voting already underway in key states like Pennsylvania.
McCarthy’s Insights and Legal Concerns
McCarthy notes that while Trump might ultimately face incarceration, it is uncertain if this will occur immediately. He suggests that Trump may be released on bail while the possibility of an appeal is considered. Legal experts are concerned that imprisoning Trump could precipitate a constitutional crisis, potentially leading to emergency motions to delay the sentence.
Trump’s Appeal for Presidential Immunity
Trump’s defense team argues that the September 18 sentencing should be postponed to allow time for an appeal regarding the US Supreme Court’s recent ruling on presidential immunity. On July 1, the Supreme Court ruled that presidents are presumptively immune from criminal prosecution for official acts. Trump’s lawyers, Todd Blanche and Emil Bove, claim this ruling impacts their case, stating, “Setting aside naked election-interference objectives, there is no valid countervailing reason for the Court to keep the current sentencing date on the calendar.”
Context of the Charges
In early June, a jury found Trump guilty on 34 counts of falsifying business records. This conviction stems from a scheme to conceal a $130,000 payment made by his former lawyer, Michael Cohen, to adult film star Stormy Daniels. The payment was intended to prevent Daniels from discussing an alleged affair she claims to have had with Trump. Prosecutors characterized the payment as part of a broader effort to influence the 2016 election, which Trump won against Hillary Clinton.
Sentencing and Future Proceedings
Originally scheduled for July 11, Trump’s sentencing was postponed following the Supreme Court’s ruling. Falsifying business records can result in a prison term of up to four years, though many defendants convicted of similar offenses have received fines or probation instead. The case remains under close scrutiny as Trump and his legal team continue their efforts to delay proceedings while he campaigns for the presidency.
