this post was submitted on 03 Jun 2024
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[–] [email protected] 11 points 6 months ago (1 children)

But this is Trump. Even Merchan has allowed Trump to play by a completely different set of rules (violating the gag order 10 times and still not being thrown in jail, as an example). He has also been openly hesitant about the idea of throwing Trump in jail.

During the trial. The argument I have seen for why Trump has gotten away with playing by completely different rules is that if the judge or prosecution makes absolutely any wrong step in procedure, the kind of lawyers Trump hires will jump on that and can push for all sorts of ways to shut down the case on procedural grounds (mistrial? Forgive me I'm not an expert), and based on the nature of this case, that would shut it down for good. But the trial is now over, so that argument should no longer apply. The options on the table for Trump's lawyers interfering with the sentencing are significantly reduced compared to trial, so the judge should be able to go for a really harsh sentencing, particularly for the reasons in this article. We'll see if the procedural mistrial argument really was the explanation, or just another rationalization of the 2-tiered justice system.

[–] Dragomus 1 points 6 months ago* (last edited 6 months ago)

Well I think the judge usually considers the defendant's job. And that is where he'll not get house arrest or community service... his lawyers will correctly argue that Trump is campaigning for his job as president, so is expected to be in different states almost daily and or travelling a lot for at least 6 more months. Thus it would be an unfair sentencing if it limited him to earn a buck.

Same will be argued for prison time but ofcourse that is a whole different ballgame and a judge could finalize that sentence but put it on a delay for like 2025.