Prior to returning to the White House, President-elect Donald Trump is scheduled to be sentenced in his New York criminal trial after being convicted of 34 felony counts.
On May 30, the former president was found guilty of 34 counts of falsifying business records relating to a hush money payment made to adult film star Stormy Daniels by Trump's then-lawyer, Michael Cohen, before the 2016 presidential election. Trump is appealing the verdict.
The Manhattan jury delivered the guilty verdict in May, making Trump the first former president convicted of felony charges. He will now be the first convicted felon to win the Oval Office.
Newsweek has reached out to Trump's legal team and several legal analysts for comment via email on Wednesday.
Calls to drop Trump's convicted have already come, with former Attorney General Bill Barr, who served in Trump's administration, telling Fox News on Wednesday, "I think Attorney General Garland and the state prosecutors should respect the people's decision and dismiss the cases against President Trump now."
Sentencing Date
Trump's sentencing has been delayed in the case. It was originally scheduled just days before the Republican National Convention in July, where Trump officially accepted the party's nomination, and then again in September.
His sentencing date is set for November 26, 2024.
Potential Sentencing Options
According to Barbara McQuade, a former U.S. attorney for the Eastern District of Michigan and MSNBC legal analyst, there are three potential legal paths in Trump's Manhattan case.
"First, the judge could sentence Trump to a fine." She noted that since Trump's conduct occurred while he was not yet president, "it is not protected immunity, and there's nothing about a fine that would interfere with his duties as president."
As a second potential option, McQuade said that presiding Judge Juan Merchan could sentence Trump with a custodial sentence, which "would have to be suspended while he is in office because of his duties as president."
In a third option, Judge Merchan could "defer the sentencing until after Trump leaves office and keep a custodial sentence on the table in 2029."
Cheryl Bader, a Fordham Law School professor, told Newsweek in an email on Wednesday that she expects Trump's attorneys to work to postpone sentencing.
"There is no direct precedent on this question of imposing sentence as it applies to a state conviction or president-elect," she added.
Pardon Power?
As president, Trump will have the power "to grant Reprieves and Pardons" under Article II, Section 2 of the Constitution. However, unlike federal cases Trump is facing, he "has no ability to erase the conviction altogether as president because this is a state court conviction," McQuade told Newsweek.
She added that while he can appeal the case, he "has no power other than that of an ordinary litigant," in the state conviction.
While Trump is unable to pardon himself from state crimes, Democratic New York Governor Kathy Hochul does. Earlier this year, some Republican New York representatives asked Hochul to pardon Trump.
Hochul has given no indication she would pardon the president-elect, having previously said at the time of the verdict, "Today's verdict reaffirms that no one is above the law."
Newsweek has reached out to the governor's press team for comment via email on Wednesday afternoon.
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