Following the conviction of the previous president on May 30, 2024 34 charges against Donald Trump for falsifying business records in New York, what's next?
Trump's legal team will likely appeal against the judgment. “We will fight for our Constitution,” Trump said after the jury was announced. “This is far from over.” A sentencing hearing for Trump is scheduled for July 11.
Amy Lieberman, politics and society editor at The Conversation US, spoke with Gabriel J. China scholar of criminal law and criminal procedural law, understand the decision.
Christine Cornell via AP Pool
1. Why were there so many various charges on this case?
The core of the crimes for which Trump was convicted is falsification of documents or records. Accordingly, each check, invoice, or other document that the jury found to be forged was a separate crime that might be the premise for a separate count and punished individually. The prosecution desired to be sure that the jury saw the total scope of the conspiracy it alleged—namely, that Trump had covered up the proven fact that he Hush money paid to porn star Stormy Daniels by disguising the payment as legal fees to his lawyer Michael Cohen. Cohen then allegedly used Trump's money to pay Daniels to maintain her from talking about her alleged affair with Trump.
2. What is most significant for people to know about this belief?
The conviction of a former or future president of the United States for against the law is a historic and groundbreaking event. There can be debate about it, and other people can have to evaluate whether this prosecution is an example of the principle that nobody is above the law, or whether it’s an example of political persecution.
From a legal perspective, this conviction has significant implications for all other Criminal and civil cases. At a minimum, it signifies that if Trump takes the stand to testify in any case, opposing lawyers can attack his credibility with that conviction. Lawyers can argue that any witness with a felony conviction could well be lying.
In practical terms, this ruling also signifies that Trump – who’s registered to vote in Florida – cannot vote there until Completion of his sentence. Under federal law, he isn’t allowed to own a firearm. But he can still run for president and hold office since the Constitution prohibits individuals with criminal records – or who’re in prison – from running for office or holding the office of president.
Kena Betancur/Getty Images
3. What, if anything, can we learn about what his verdict may be?
New York Judge Juan Merchan will resolve the case alone and with no jury.
Not surprisingly, sentencing has been set for July and never earlier. As in other cases, the probation office will prepare a report outlining Trump's background and past, in addition to the facts and circumstances of this case. Trump has no criminal record, which is usually a positive consider sentencing. On the opposite hand, he has negative results from court cases, including a 2023 civil judgment that found he committed sexual assaultOne thing to look at for is whether or not prosecutors or probation argue that Trump's other criminal charges and civil cases needs to be taken under consideration in sentencing.
One factor that sometimes plays a task in sentencing is lack of remorse. This is usually the explanation why judges impose a harsher sentence. doesn’t seem that Trump has acknowledged in any way that he has done something deplorable or committed against the law. Trump's violation of the news blackout on this case, for which the judge has already punished him, is also a consider arguing for or imposing a greater sentence.
4. Given this ruling, is it likely that Trump will serve a jail sentence?
The crime of falsifying business documents is taken into account Serious crimes of “Class E” in New York State—and every crime is punishable by as much as 4 years in prison. Prison sentences may get replaced by probation, or probation plus a brief prison sentence. The sentences may run concurrently or consecutively, so Trump could theoretically receive a jail sentence of 136 years if the utmost sentences for all charges were imposed consecutively. Although the sentence is as much as the judge, based on past practice, it is cheap to assume that Trump is not going to receive a protracted prison sentence and will receive no prison time in any respect.
An acquittal would have been final, because the Constitution prohibits Double jeopardy – This signifies that an individual can’t be convicted, acquitted or punished greater than once for a similar crime.
This ruling will undoubtedly be contested for years to return, and the appeal can have no less than two possibilities to make it to the U.S. Supreme Court. Whether this case was properly heard in state court may also be a problem—federal sovereignty over federal elections and election crimes will likely be tested on appeal.
In other words, this case is way from over. Even if Trump were sentenced to prison, he would likely remain free pending an appeal. This approach isn’t unusual in complex and high-profile cases, no less than when there are legitimate legal challenges to an error.
5. Why was the evidence on this case so strong that it convinced the jury?
That's partly due to the breadth of New York law, which, unlike the laws of many other states, criminalizes the falsification of internal business records, even in the event that they are private and never used to cheat the tax system or defraud anyone. But even in New York, falsifying private business records is usually a misdemeanor. It becomes a felony provided that the acts, because the jury found here, are intended to cover up or conceal against the law.
In this case, the jury might well have been persuaded by the prosecution's argument that the crime covered up was essentially a plan to deceive the American people by concealing information concerning the character and conduct of a presidential candidate.
Because Trump was accused of deceiving voters, the jury may not have been willing to easily dismiss this as a traditional matter. Another factor is the remarkable investigative work that went into preparing this case. The prosecution had so many witnesses and documents that they were in a position to tell the story in great detail.
image credit : theconversation.com