I disagree. There are non-jail sentences in New York. Probation is a possibility. But it's unlikely because Trump would have a probation officer and conditions of probation. But there is a conditional discharge -- Discharge the sentence on the condition that you not commit any further criminal offense. Trump would essentially walk away, but he would technically have been sentenced. So, I'm betting on a conditional discharge.
Harlan, if the case got to sentencing, I agree that Justice Merchan might impose a sentence that would be completed by January 20.
BUT
Trump's pending immunity motion must be fully resolved (including appeals) before Justice Merchan can proceed to sentencing. If Merchan vacates the conviction, then there will be no sentencing. Even if Justice Merchan denies Trump's motion, Trump would have a right to an interlocutory appeal before the case could move to sentencing. That process certainly cannot be completed by January 20, 2025.
I am afraid that you are right, but it really undermines the entire rule of law concept (which I now refuse to capitalize) for the trial proceeding and a jury verdict of guilty to be rendered a nullity for political reasons, not legal or constitutional (again, no caps) ones. We are now in a nation of laws to impose on some and advisory suggestions for the behavior of the privileged.
I disagree. There are non-jail sentences in New York. Probation is a possibility. But it's unlikely because Trump would have a probation officer and conditions of probation. But there is a conditional discharge -- Discharge the sentence on the condition that you not commit any further criminal offense. Trump would essentially walk away, but he would technically have been sentenced. So, I'm betting on a conditional discharge.
Harlan, if the case got to sentencing, I agree that Justice Merchan might impose a sentence that would be completed by January 20.
BUT
Trump's pending immunity motion must be fully resolved (including appeals) before Justice Merchan can proceed to sentencing. If Merchan vacates the conviction, then there will be no sentencing. Even if Justice Merchan denies Trump's motion, Trump would have a right to an interlocutory appeal before the case could move to sentencing. That process certainly cannot be completed by January 20, 2025.
I disagree. There are non-jail penalties that Justice Merchan could impose. Probation is a possibility. But
I am afraid that you are right, but it really undermines the entire rule of law concept (which I now refuse to capitalize) for the trial proceeding and a jury verdict of guilty to be rendered a nullity for political reasons, not legal or constitutional (again, no caps) ones. We are now in a nation of laws to impose on some and advisory suggestions for the behavior of the privileged.