Shawdesh Desk:
Justice Juan Merchan indicated that a harsher penalty might have been appropriate for Allen Weisselberg, Trump Organization’s Chief Financial Officer (CFO). He ended up with a five-month jail sentence due to a plea agreement. This sets a cautionary precedent for what might happen to Donald Trump, who faces more severe corruption charges.
Weisselberg, like Trump, was a first offender which didn’t save him from jail time. He tried to appeal for a lighter sentence citing his age and poor health. Merchan turned down this plea, suggesting that age and health won’t be deciding factors in similar situations.
Trump defenders face an uphill battle as his felonies were committed through a protracted, deliberate scheme. He allegedly committed 34 individual felonies for self-advancement by manipulating America’s democracy’s basic feature. Justice Merchan could view this unfavourably. Especially since Trump continues to insist he is innocent.
Trump has maintained his innocence and shown no remorse. This could backfire, as courts often react adversely to fierce claims of innocence post-conviction. Trump’s belief in his innocence could necessitate a formidable sanction to dissuade future misconduct.
Courts also use sentencing to discourage other potential perpetrators. Many white-collar criminals manipulate business records to conceal embezzlement or other financial crimes. If Trump isn’t imprisoned for his extensive fraud allegedly intended to unlawfully gain the presidency, it may undercut the purpose of punitive measures.
Courts weigh heavily the instance where defendants involve others in their criminal schemes. Trump’s alleged enlistment of people into his fraud, ranging from an eager Michael Cohen to an awestruck Hope Hicks, will not go unnoticed by the court.
On top of everything else, Trump’s brazen disregard for the legal system could be an additional factor considered by Merchan in his sentencing. Even though Trump has already faced punishment for violating gag orders, his broad and public disdain for the legal process might be a deciding factor in sentencing him to jail.
Even if Merchan decides on a jail sentence for Trump, the former president won’t be imprisoned immediately due to New York’s liberal bail laws. Trump will remain free, awaiting the decisions on an array of appeals, a process that could take years.
Given the primary purpose of bail in New York—ensuring defendants appear at trial or to serve a sentence—Trump isn’t considered a flight risk. Regardless of the public’s opinion, his whereabouts will always be known.
Despite the prolonged legal process, the likelihood of Trump’s incarceration seems to increase with each passing day. In other words, the door to a jail cell for the one-time president, while distant, is slowly but surely closing. Until a final judicial decision is rendered, Trump’s fate hangs in the balance.
The ongoing trials and verdicts symbolize the strength of the American judiciary that holds even the highest offices accountable to the law. All eyes will be on the decision as these cases unfold, reiterating American democracy’s strength.
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