David Cay Johnston, a biographer of former President Donald Trump, believes that Trump will likely be sentenced to at least 30 days behind bars following his guilty verdict in a Manhattan criminal hush money trial. The case, brought forward by Manhattan District Attorney Alvin Bragg, centered around 34 counts of falsifying business records related to a hush money payment made to Stormy Daniels by Trump’s then-lawyer Michael Cohen. Trump has denied the allegations and claims the case is politically motivated, with his lawyers planning to appeal the verdict. Johnston cited Trump’s behavior during and after the trial as factors that could lead to a jail sentence from the presiding judge.
Each of the 34 counts in the case is classified as a class E felony, which in New York state is punishable by a fine and up to five years in prison. The sentencing, scheduled for July 11, comes just before the Republican National Convention begins nominating its 2024 choice. Trump had previously been placed under a gag order by the presiding judge in the case, having been fined for 10 separate violations of the order. The judge warned of potential jail time for continued violations, which included attacks on the judge’s family members.
Imprisoning a former president would raise complex logistical questions, particularly related to providing Secret Service protection as required by law. Legal experts have differing opinions on the likelihood of Trump receiving a jail sentence, with some pointing to his first-time offense and nonviolent nature of the charges as factors that typically result in probation rather than prison time. However, Johnston emphasized that Trump’s behavior both during and after the trial could play a significant role in the judge’s sentencing decision, particularly given Trump’s multiple violations of the gag order and lack of remorse.
Judge Michael J. Obus, who has overseen the court where Trump’s case was tried, highlighted the seriousness of the charges against Trump, as well as his multiple instances of criminal contempt during the trial. Obus noted that Trump’s lack of criminal record and age could also be considered in sentencing, but emphasized the gravity of the charges related to falsifying business records in service of election fraud. He highlighted that Trump breaking the gag order for an 11th time could be a potential trigger for jail time. While some legal experts believe a prison sentence is unlikely for Trump, Johnston argued that the former president’s behavior could ultimately influence the judge’s decision.
